QLDIn ForceAct
Justices Act 1886
sec.23DAFurther powers of clerk of the court
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### sec.23DA Further powers of clerk of the court
This section is in addition to, and does not limit, section 23D .
The clerk of the court has the following additional powers—
power to adjourn a matter before the court on terms decided by the clerk or stated in an application;
power to make any order a magistrate may make with the consent of all the parties to a matter.
However, the clerk of the court may exercise the powers mentioned in subsection (2) only if—
application for the adjournment or order is made to a Magistrates Court; and
all the parties to the matter consent in writing, personally or by their agent, to the exercise of the power.
When exercising a power under subsection (2) —
the parties to the matter need not be present; and
the clerk of the court is taken to constitute a Magistrates Court.
s 23DA ins 1996 No. 79 s 54
(sec.23DA-ssec.1) This section is in addition to, and does not limit, section 23D .
(sec.23DA-ssec.2) The clerk of the court has the following additional powers— power to adjourn a matter before the court on terms decided by the clerk or stated in an application; power to make any order a magistrate may make with the consent of all the parties to a matter.
(sec.23DA-ssec.3) However, the clerk of the court may exercise the powers mentioned in subsection (2) only if— application for the adjournment or order is made to a Magistrates Court; and all the parties to the matter consent in writing, personally or by their agent, to the exercise of the power.
(sec.23DA-ssec.4) When exercising a power under subsection (2) — the parties to the matter need not be present; and the clerk of the court is taken to constitute a Magistrates Court.
- (a) power to adjourn a matter before the court on terms decided by the clerk or stated in an application;
- (b) power to make any order a magistrate may make with the consent of all the parties to a matter.
- (a) application for the adjournment or order is made to a Magistrates Court; and
- (b) all the parties to the matter consent in writing, personally or by their agent, to the exercise of the power.
- (a) the parties to the matter need not be present; and
- (b) the clerk of the court is taken to constitute a Magistrates Court.