sec.11Where originating application may be filed

sec.11 Where originating application may be filed

An originating application may be filed in— a registry of a Magistrates Court of— a district in which a child the subject of the proceeding resides; or the district in which a respondent resides; or if all parties to the proceeding agree, in writing, to the filing of the originating application in another district—the other district; or if the application cannot be filed in a registry mentioned in paragraph (a) —any central Magistrates Court registry. Under the Child Protection Act , section 114 and the Adoption Act , section 240 , a magistrate constituting the Childrens Court may order that a proceeding be transferred to the court constituted by a magistrate at another place. However, an originating application must be filed in accordance with any requirement stated in a practice direction of the Chief Magistrate relating to the filing of the application in— a particular registry of a Magistrates Court; or a registry of a Magistrates Court of a particular district. In this rule— central Magistrates Court registry means the registry of a Magistrates Court at Brisbane, Rockhampton, Townsville or Cairns. Chief Magistrate means a District Court judge or magistrate who is appointed as the Chief Magistrate under the Magistrates Act 1991 , section 5 (6) . district means a district of a Magistrates Court mentioned in the Justices Regulation 2014 , schedule 1 . (sec.11-ssec.1) An originating application may be filed in— a registry of a Magistrates Court of— a district in which a child the subject of the proceeding resides; or the district in which a respondent resides; or if all parties to the proceeding agree, in writing, to the filing of the originating application in another district—the other district; or if the application cannot be filed in a registry mentioned in paragraph (a) —any central Magistrates Court registry. Under the Child Protection Act , section 114 and the Adoption Act , section 240 , a magistrate constituting the Childrens Court may order that a proceeding be transferred to the court constituted by a magistrate at another place. (sec.11-ssec.2) However, an originating application must be filed in accordance with any requirement stated in a practice direction of the Chief Magistrate relating to the filing of the application in— a particular registry of a Magistrates Court; or a registry of a Magistrates Court of a particular district. (sec.11-ssec.3) In this rule— central Magistrates Court registry means the registry of a Magistrates Court at Brisbane, Rockhampton, Townsville or Cairns. Chief Magistrate means a District Court judge or magistrate who is appointed as the Chief Magistrate under the Magistrates Act 1991 , section 5 (6) . district means a district of a Magistrates Court mentioned in the Justices Regulation 2014 , schedule 1 .

• (a) a registry of a Magistrates Court of— (i) a district in which a child the subject of the proceeding resides; or (ii) the district in which a respondent resides; or (iii) if all parties to the proceeding agree, in writing, to the filing of the originating application in another district—the other district; or