DISTRICT COURT OF QUEENSLAND ACT 1967 Reprinted as in force on 1 November 2010 Reprint No. 8 > TABLE OF PROVISIONS Contents Part 1--Preliminary 1. Short title 2. Suspension of Act's operation 3. Definitions Part 2--Court, judges, registries and officers Division 1--Court 5. Members and constitution of Court 6. Where the Court may be held 7. Declaration of districts 8. Court to be a court of record 8A. Statewide jurisdiction 8B. Seals of the court Division 2--Judges 10. Chief Judge 10A. Seniority 11. Travelling expenses 12. Leave of absence 13. Judge not to practise as lawyer, etc. 14. Retirement of judges 17. Acting judge 19. Judge empowered to act throughout the State 20. Judge to hold court where directed, and to give notice 21. Adjournment within district 24. Certain causes and matters not affected by determination of commission 25. Hearing de novo when trial judge unable to continue 26. Proof of incapacity of judge 27. Judge may perform the duties of another judge 28. Removal of action only in manner provided by this Act 28AA. Protection for administrative acts Division 2A--Powers and responsibilities of Chief Judge 28A. Arrangement of business Division 2AA--Judge Administrator 28B. Appointment of Judge Administrator 28C. Acting Judge Administrator 28D. Judge Administrator continues to be judge 28E. Judge Administrator continues in office while judge 28F. Functions of Judge Administrator Division 3--Prerogative writs 29. When action may be removed 30. Rule or order substituted for writ of mandamus to a judge or officer 31. Judge not to be served with notice of application for prohibition 32. Rule or summons to show cause why a writ of certiorari or prohibition should not be issued to be a stay of proceedings 33. Notice of rule or summons to be given to registrar and parties 34. Notice of writ of certiorari or prohibition obtained ex parte to be given to registrar and parties Division 4--Registries 35. Registry etc. Division 5--Officers Subdivision 1--Judicial registrars 35A. Judicial registrars 35B. Independence of judicial registrars 35C. Rehearing after judicial registrar's decision 35D. Conditions of appointment 35E. Retirement of judicial registrars 35F. Preservation of rights Subdivision 2--Other officers 36. Principal registrar and associates 36A. Other registrars and officers 37. Duties of registrar 39. Minutes of proceedings to be kept 40. When a clerk of the court is registrar, the clerk's successor or deputy shall be registrar 41. Appointment of bailiffs and bailiffs' assistants 42. Bailiffs' assistants may act after the death or removal of bailiff 43. Duties of bailiffs 44. Bailiff not required to take out auctioneer's licence 45. Remuneration of bailiffs 46. Bailiff answerable for escape and neglect to levy execution Division 6--General provisions about officers 48. Disabilities of registrar and bailiff 50. Remedies against and penalties on bailiffs and other officers for misconduct 51. Indemnity to persons acting under this Act Division 7--Lawyers and agents 52. Appearance to be in person or by lawyer, or other person allowed by the judge Part 4--Criminal jurisdiction and procedure Division 1--Criminal jurisdiction 60. Criminal jurisdiction 61. Criminal jurisdiction if maximum penalty more than 20 years 61A. No general criminal jurisdiction over a child Division 2--Procedure 63. Change of venue 64. Change of trial from Supreme Court to District Court 65. Jury in criminal trials 66. Issues of law and fact 67. Registrar may issue subpoenas Part 5--Civil jurisdiction Division 1--Civil jurisdiction 68. Civil jurisdiction 69. Powers of District Court 70. Relief against proceedings to recover land 71. Reference to arbitration 72. Consent jurisdiction 73. Splitting demands—abandonment of excess 74. Splitting debt by giving bills Division 2--Trial by jury 75. When a jury may be summoned Division 3--Evidence 76. Rules of evidence Division 4--Removal of actions 77. Removal of proceedings from Supreme Court to District Court 78. Removal of proceedings from the District Court to a Magistrates Court 79. Plaintiff's right to transfer action from Magistrates Court to District Court 80. Transfer of certain actions from Magistrates Court to District Court at defendant's instance 81. Procedure where proceedings beyond jurisdiction are commenced in Magistrates Court 82. Plaintiff's right to transfer action from District Court to Supreme Court 83. Transfer of certain actions from District Court to Supreme Court at defendant's instance 84. Costs 85. Procedure if proceeding started in wrong court 86. Jurisdiction as to counterclaims 87. Application of statutes of limitations Part 6--Recovery of possession of land 88. Warrant empowers bailiff to enter on land Part 7--ADR processes Division 1--Preliminary 89. Objects of part Division 2--Important terms 90. ADR process 91. Mediation 92. Case appraisal Division 3--Establishment of ADR processes 96. Parties may agree to ADR process 97. Court may consider and order reference to ADR process 98. Parties must attend at ADR process if District Court orders 99. Procedure at case appraisal 100. Subpoenas Division 4--Party unable to pay share of costs 101. Party unable to pay share of costs Division 5--What to do when ADR process is finished 102. Mediated resolution agreement 103. Mediator to file certificate 104. Case appraiser to file certificate and decision 105. Orders giving effect to mediation agreement 106. Orders giving effect to case appraiser's decision Division 6--Confidentiality, protection and immunity 107. ADR convenors to maintain secrecy 108. Ordinary protection and immunity allowed 109. Admissions made to ADR convenors Part 7A--Use of video link facilities 110A. Purpose of part 110B. Definitions for part 110C. Use of video link facilities in proceedings 110D. Detainee taken to be before the court 110E. Way video link facilities must be operated 110F. Facilities for private communication 110G. Variation or revocation of order Part 8--Appeals to the District Court 111. Definitions for pt 8 112. No appeal lies from Magistrates Court to Supreme Court 113. Power of District Court on appeal from Magistrates Court 114. Other appeals 116. Venue of appeals 117. Transfer of appeal hearings Part 9--Appeals from the District Court to Court of Appeal 118. Appeal to the Court of Appeal in certain cases 119. Jurisdiction of Court of Appeal 120. Parties may agree not to appeal 122. Special case Part 10--Enforcement of judgments 123. Action on judgment 124. Judgment to survive death Part 11--General provisions Division 2--Fees and fines 128. Fees and fines to be paid to the consolidated fund Division 3--Offences 129. Contempt Division 4--General 130. Executors 130A. Annual report 131. Regulation-making power Part 12--Transitional provisions 132. References to District Courts 133. References to District Courts Act 1958 134. References to District Courts (Venue of Appeals) Act 1988 135. Transitional references to chairperson etc. 137. Continued use of title of senior judge 139. Transitional—establishment of the District Court 140. Transitional—change of name to District Court of Queensland 141. Transitional provision for Justice and Other Legislation (Miscellaneous Provisions) Act 2002 142. Transitional provision for Criminal Code and Other Acts Amendment Act 2008 143. Transitional provision for Justice and Other Legislation Amendment Act 2008, pt 10—notice to witness 144. Transitional provision for Justice and Other Legislation Amendment Act 2008, pt 10—principal registrar 145. Transitional provision for Civil and Criminal Jurisdiction Reform and Modernisation Amendment Act 2010—civil jurisdiction 146. Transitional provision for Civil and Criminal Jurisdiction Reform and Modernisation Amendment Act 2010—criminal jurisdiction 147. Transitional provision for Justice and Other Legislation Amendment Act 2010 Endnotes - LONG TITLE An Act to consolidate and amend the law relating to the District Court of Queensland 1 Short title This Act may be cited as the District Court of Queensland Act 1967. 2 Suspension of Act's operation A regulation may provide that this Act or a provision of this Act is not in force for a district. 3 Definitions In this Act— action means a civil proceeding commenced by plaint. ADR convenor means a mediator or case appraiser. ADR costs means— (a) for a mediation— (i) the mediator's fee; and (ii) the venue provider's fee for providing the venue; and (iii) other costs prescribed under the rules; and (b) for a case appraisal— (i) the case appraiser's fee; and (ii) the venue provider's fee for providing the venue; and (iii) other costs prescribed under the rules. ADR dispute means a dispute referred to an ADR process. ADR process see section 90. Australian lawyer see the Legal Profession Act 2007, schedule 2. case appraisal see section 92. case appraiser means a person appointed as a case appraiser under a referring order. Chief Justice means the Chief Justice of Queensland or the acting Chief Justice of Queensland. court means the District Court of Queensland. dispute means— (a) a dispute in an action; or (b) something else about which the parties are in dispute that may be dealt with in a mediation at the same time as an ADR dispute. district means a district of the District Court declared under section 7. District Court means the District Court of Queensland. District Court judge means a judge of the District Court of Queensland. District Court jurisdiction Act means— (a) the Commercial Arbitration Act 1990; or (b) the Evidence Act 1977; or (c) a law prescribed under a regulation for this definition. goods includes money or bank notes, and cheques, bills of exchange, promissory notes, specialties, or other securities for money. incorporated legal practice see the Legal Profession Act 2007, schedule 2. judge means a judge of the District Court of Queensland. judgment includes a judgment, order, or other decision or determination of the court. judicial registrar means a judicial registrar of the District Court. landlord means the person entitled to the immediate reversion of land, or, if it is held in joint tenancy, coparcenary, or tenancy in common, any 1 of the persons entitled to the reversion. lawyer means an Australian lawyer who, under the Legal Profession Act 2007, may engage in legal practice in this State. Magistrates Courts district means a district appointed under the Justices Act 1886 for the purpose of Magistrates Courts constituted under that Act. matter means a proceeding in the Court commenced otherwise than by plaint. mediation see section 91. mediator means a person appointed as a mediator under a referring order. party— (a) in part 7, means a party to a dispute; and (b) elsewhere (other than part 9), includes a person served with notice of or attending a proceeding, although not named in the record as a party to the dispute. precincts, of the District Court, means any land or building, or the part of any land or building, used for the purposes of the court. referring court, of a mediation or case appraisal, means the District Court at the place where the action was referred to mediation or case appraisal. referring order means an order made under section 97 referring a dispute to an ADR process. registrar includes the principal registrar and a deputy registrar of the District Court, but does not include a judicial registrar. rules means the Uniform Civil Procedure Rules 1999. 5 Members and constitution of Court (1) The members of the District Court are the District Court judges. (2) The District Court is constituted by any one of its members. 6 Where the Court may be held (1) The District Court may be constituted at any place. (2) The District Court as constituted by any of its members may sit in more than 1 place at the same time. (3) A regulation may declare— (a) the places at which the District Court is to be held; or (b) that the District Court is no longer to be held at a place. (4) The District Court held at a place may be referred to as the District Court at the place. Example— If the District Court is held at Toowoomba, the District Court at that place may be referred to as the District Court at Toowoomba. 7 Declaration of districts (1) A regulation may declare a district for the District Court at a place. (2) The district has the same name as the place. Example— The name of the district for the District Court at Toowoomba, is the Toowoomba District Court district. (3) The district must consist of— (a) 1 Magistrates Courts district; or (b) 1 division of a Magistrates Courts district; or (c) if the District Court district would form 1 continuous area— (i) 2 or more Magistrates Courts districts; or (ii) 2 or more divisions of a Magistrates Courts district; or (iii) 1 or more Magistrates Courts districts and 1 or more divisions of a Magistrates Courts district. (4) If the District Court is no longer to be held at a place, a regulation may declare that all proceedings pending in the court at the place must be continued in the court at a specified place. 8 Court to be a court of record The District Court is a court of record and has civil and criminal jurisdiction as provided under this or another Act. 8A Statewide jurisdiction The District Court has jurisdiction throughout Queensland. 8B Seals of the court (1) The District Court must have a seal, and may have the other seals that may be required for the business and administration of the court. (2) All notices, summons, certificates, warrants and other process, issued by a registrar must be sealed with a seal mentioned in subsection (1). 10 Chief Judge (1) The Governor in Council may, by commission, appoint a judge as Chief Judge of the District Court of Queensland. Editor's note— See the Constitution of Queensland 2001, section 59 (Appointment of judges) for the oath or affirmation requirement. (2) The Governor in Council may, by gazette notice, appoint a judge to act as Chief Judge during any period, or all periods, when the Chief Judge is absent from duty or the State, or is, for another reason, unable to perform the duties of office. 10A Seniority (1) The Chief Judge is senior to all other judges of the court. (2) The Judge Administrator is senior to all other judges of the court apart from the Chief Judge. (3) The remaining judges have seniority in relation to each other according to the dates of their commissions. (4) If the commissions of 2 or more judges have the same date, the judges have seniority in relation to each other according to the seniority assigned by their commissions, or, in the absence of an assignment, according to the order of their being sworn in. (5) In subsections (3) and (4), a reference to a judge includes a judge who has ceased to be the Judge Administrator. 11 Travelling expenses A judge shall be entitled to receive the same allowances by way of travelling expenses as are payable to a judge of the Supreme Court. 12 Leave of absence (1) The Governor in Council may grant leave of absence to a judge. (2) This section does not apply if the Judges (Pensions and Long Leave) Act 1957 applies to the leave. 13 Judge not to practise as lawyer, etc. A judge must not— (a) practise as a lawyer or notary; or (b) directly or indirectly be concerned or interested in the practice of a person mentioned in paragraph (a) or an incorporated legal practice. 14 Retirement of judges (1) A judge must retire on reaching 70 years of age. (2) Despite subsection (1), a judge who, before retiring, whether or not because of subsection (1), starts the hearing of a proceeding remains a judge for the purposes of finishing the proceeding. 17 Acting judge (1) The Governor in Council may, by commission, appoint a person qualified to be appointed a District Court judge to be an acting judge— (a) during the absence on leave, granted by the Governor in Council, of a judge; or (b) if a judge be absent from any other cause or is incompetent or unable to take part in any decision or in any trial, action or proceeding or to sit at any sittings of a court; or (c) if for any reason whatsoever the conduct of the business of a court or the courts in the opinion of the Governor in Council requires such an appointment. (2) The Governor in Council may, by commission, appoint any of the following persons to act as a judge for up to 1 year— (a) a person who is, or has been, a judge of a supreme court, district court or county court of another State; (b) a person who is, or has been, a judge of the Federal Court of Australia. 19 Judge empowered to act throughout the State Every judge appointed shall be appointed for the whole of the State and shall, under the judge's commission, be empowered to act in any district. 20 Judge to hold court where directed, and to give notice (1) The court may be constituted at any place. (2) Notice of the days on which the court is appointed to be held shall be put up in a conspicuous place in the court house and in the office of the registrar, and shall be otherwise published as a judge directs. (3) When, by reason of the absence of a judge, the court can not be held at the time appointed, the registrar, or, in the event of the registrar's absence, the bailiff, shall adjourn the court to such day as the registrar or the bailiff deems convenient, and shall enter in the minute-book the cause of the adjournment. 21 Adjournment within district Despite section 20 and any other provision of this Act, when any action, matter or proceeding is pending or is being heard in the District Court in its civil or criminal jurisdiction at any place, the judge to whom the court is assigned may order that the hearing be adjourned from that place to some other place within the same district, if the judge determines that on the balance of convenience the adjournment should be ordered. 24 Certain causes and matters not affected by determination of commission If at the determination by effluxion of time or other cause of any commission under this Act there shall be any actions or matters, civil or criminal, including any appeal, partly heard or standing for judgment by or before the holder of such commission, the commission shall only for the purpose of deciding such actions or matters (including the completion of the hearing thereof where necessary) and so far as is necessary for that purpose, remain in force until judgment shall have been delivered therein unless the holder of that commission shall be sooner removed. 25 Hearing de novo when trial judge unable to continue (1) When after the commencement of the hearing of any action or matter, civil or criminal, including any appeal before a judge, but before judgment in the action or matter has been given, the judge dies or becomes incapable of continuing to sit or, in the case of an action or matter which has been heard but judgment wherein has not been given, of giving the judge's judgment, any party to the action or matter may, upon giving 7 days notice to the other party or parties, apply to a judge for an order that the action or matter may be heard and determined de novo. (2) On an application under this section to a judge (or in the absence of a judge to a judge of the Supreme Court) that judge— (a) (if this section is applicable, in the action or matter, by reason of the incapacity of a judge), may, according as the judge deems fit, either adjourn the action or matter as the judge deems necessary, in order to enable the judge before whom the hearing thereof was commenced to give judgment and, if necessary for that purpose, to complete the hearing, or order the action or matter to be heard and determined de novo; and (b) in any other case shall order the action or matter to be heard and determined de novo. (3) When, pursuant to this section, an action or matter is heard and determined de novo— (a) the judge so hearing or determining the same may make such order as to the costs of the first hearing as the judge shall think fit; and (b) the first hearing shall for all purposes, other than that set out in paragraph (a) be deemed a nullity. 26 Proof of incapacity of judge When proof of the incapacity of a judge is necessary for a purpose of the last preceding section, the certificate of the Chief Justice that such judge is incapable as specified in the certificate shall be prima facie evidence of that fact. 27 Judge may perform the duties of another judge (1) In the case of absence or disability of a judge, or on an emergency, another judge may, at the request in writing of the firstmentioned judge or of the Chief Justice, act for the first mentioned judge, and may exercise all the powers and perform all the duties which that judge might have exercised or performed. (2) If a District Court judge is not available in the place where a matter is to be heard urgently, a Supreme Court judge may hear the matter and may exercise all the powers and perform all the duties that a District Court judge might have exercised or performed. 28 Removal of action only in manner provided by this Act A judgment given by a judge, or an action or matter brought before the judge or depending in the judge's court, shall not be removed by appeal, motion, writ of error or certiorari, or otherwise into another court, save and except in the manner and according to the provisions of this Act. 28AA Protection for administrative acts A judge has, in the performance or exercise of an administrative function or power conferred on the judge under an Act, the same protection and immunity as a judge in a judicial proceeding in the court. 28A Arrangement of business (1) The Chief Judge is responsible for the administration of the District Court and for ensuring the orderly and expeditious exercise of the jurisdiction and powers of the District Court. (2) Subject to any Act, the Chief Judge has power to do all things necessary or convenient to be done for the administration of the District Court and for ensuring the orderly and expeditious exercise of the jurisdiction and powers of the District Court. 28B Appointment of Judge Administrator (1) The Governor in Council may, by commission, appoint a judge to be Judge Administrator. Editor's note— See the Constitution of Queensland 2001, section 59 (Appointment of judges) for the oath or affirmation requirement. (2) The appointment of a Judge Administrator may be for a term, of not less than 5 years, stated in the commission. (3) A judge may be appointed Judge Administrator either at the time of the person's appointment as a judge or at any time afterwards. (4) The Judge Administrator may be reappointed. 28C Acting Judge Administrator The Governor in Council may, by gazette notice, appoint a judge to act as Judge Administrator during any period, or all periods, when the Judge Administrator is absent from duty or the State, or is, for another reason, unable to perform the duties of office. 28D Judge Administrator continues to be judge The Judge Administrator continues to be a judge, and may sit as, and exercise any of the powers of, a judge. 28E Judge Administrator continues in office while judge (1) Subject to subsection (2), the Judge Administrator holds office as Judge Administrator while the person holds office as a judge. (2) A person who is the Judge Administrator vacates the office— (a) if the person is appointed as Chief Magistrate, Chief Judge, or a judge of the Supreme Court; or (b) if the person was appointed as Judge Administrator for a stated term—when the term ends. (3) The Judge Administrator may resign office as Judge Administrator without resigning office as a judge. 28F Functions of Judge Administrator (1) Subject to section 28A, the Judge Administrator is responsible for the administration of the District Court and for ensuring the orderly and expeditious exercise of the jurisdiction and powers of the District Court. (2) The Judge Administrator must consult with the Chief Judge in carrying out the Judge Administrator's functions under subsection (1). (3) Subject to this Act and other Acts, the Judge Administrator has power to do all things necessary or convenient to be done for the administration of the District Court and for ensuring the orderly and expeditious exercise of the jurisdiction and powers of the District Court including, for example, listing matters for hearing. 29 When action may be removed (1) When any action, matter or proceeding is pending in the District Court in its civil or criminal jurisdiction or when any accused person has been committed for trial to the District Court, the Supreme Court shall, upon application by the Crown, in a criminal matter or proceeding or in any action or civil proceeding in which the Crown is a party and may, if it thinks it desirable, upon the application of any interested person, direct a writ of certiorari to be issued for removing such action, matter or proceeding into the Supreme Court or recommit the accused person for trial to the Supreme Court. Editor's note— Judicial Review Act 1991, section 41— 41 Certain prerogative writs not to be issued (1) The prerogative writs of mandamus, prohibition or certiorari are no longer to be issued by the Court. (2) If, before the commencement of this Act, the court had jurisdiction to grant any relief or remedy by way of a writ of mandamus, prohibition or certiorari, the court continues to have the jurisdiction to grant the relief or remedy, but must grant the relief or remedy by making an order, the relief or remedy under which is in the nature of, and to the same effect as, the relief or remedy that could, but for subsection (1), have been granted by way of such a writ. (3) In an enactment in force immediately before the commencement of this Act, a reference to a writ of mandamus, prohibition or certiorari is taken to be a reference to an order of a kind that the court is empowered to make under this section. (2) The Supreme Court may impose such terms as to payment of costs as it thinks fit and it may make such orders as to remand custody and bail or otherwise as it thinks fit. 30 Rule or order substituted for writ of mandamus to a judge or officer A writ of mandamus shall not be issued to a judge or an officer of the District Court requiring the judge or officer to do any act relating to the duties of his or her office, but a party requiring the act to be done may apply to the Supreme Court, upon an affidavit of the facts, for a rule or summons calling upon the judge or officer of the District Court, and also the party to be affected by the act, to show cause why the act should not be done, and if after the service of the rule or summons good cause is not shown, the Supreme Court may, by rule or order, direct the act to be done, and the judge or officer of the District Court shall, upon being served with the rule or order, obey it under pain of attachment, and in any event the court may make such order with respect to costs as to the court seems fit. 31 Judge not to be served with notice of application for prohibition (1) When an application is made to the Supreme Court for a writ of prohibition addressed to the District Court, the judge of the District Court shall not be served with notice, and shall not, except by the order of a judge of the Supreme Court, be required to appear or be heard on the application, and shall not be liable to any order for the payment of the costs thereof, but the application shall be proceeded with and heard in the same manner in all respects as a case of an appeal duly brought from a judgment of a judge. (2) Notice of the application shall be given to or served upon the same parties as in the case of an order made or refused by a judge in a matter within the judge's jurisdiction. 32 Rule or summons to show cause why a writ of certiorari or prohibition should not be issued to be a stay of proceedings The granting by the Supreme Court of a rule or summons to show cause why a writ of certiorari or of prohibition should not be issued to the District Court, shall, if the Supreme Court so directs, operate as a stay of proceedings in the action to which the same relates until the determination of the rule or summons, or until such court otherwise orders, and the judge of the District Court shall, from time to time, adjourn the hearing of the action to such day as the judge thinks fit, until the determination or until such order is made. 33 Notice of rule or summons to be given to registrar and parties If a copy of the rule or summons is not served by the party who obtained it on the opposite party, and on the registrar of the District Court, at least 2 clear days before the day fixed for the hearing of the action, the judge of the District Court may order the party who obtained the rule or summons to pay the costs of the day, or so much thereof as the judge thinks fit, unless the Supreme Court has made a different order respecting such costs. 34 Notice of writ of certiorari or prohibition obtained ex parte to be given to registrar and parties When a writ of certiorari or of prohibition addressed to the District Court is granted by the Supreme Court on an ex parte application, and the party who obtained it does not lodge it with the registrar, and give notice to the opposite party that it has been issued, at least 2 clear days before the day fixed for hearing the action to which it relates, the judge of the District Court may order the party who obtained the writ to pay all the costs of the day, or so much thereof as the judge thinks fit, unless the Supreme Court has made a different order respecting such costs. 35 Registry etc. (1) In this section— District Court registry means the office of a registrar of the District Court. (2) Unless or until otherwise prescribed, where a central registry or a district registry of the Supreme Court exists in a city or town where pursuant to the provisions of this Act the District Court shall be held, such central registry or district registry, as the case may be, shall be a District Court registry. (3) When a central registry or district registry is also a District Court registry then subject to this Act the registrar or district registrar, deputy registrar, bailiff and other officers of the Supreme Court at that city or town and any persons hereafter either permanently or temporarily holding those offices shall be, without any further appointment than by this Act, officers (in their several offices) respectively of the District Court at that place for all the purposes of this Act and shall have all the powers, jurisdictions, authorities and duties conferred or imposed upon the holders of such respective offices under this Act. (4) Unless or until otherwise prescribed where a central registry or a district registry of the Supreme Court does not exist in a city or town where pursuant to the provisions of this Act the District Court shall be held, but a Magistrates Court does exist in that city or town, then the registry of the Magistrates Court at that city or town shall be the District Court registry at that place. (5) Subject to this Act, the registrar of the Magistrates Court in that city or town and the deputy registrar, bailiff and other officers of that court, and any persons hereafter either permanently or temporarily holding those offices, shall be, without any further appointment than by this Act, officers (in their several offices) respectively of the District Court at that place for all the purposes of this Act and shall have all the powers, jurisdictions, authorities and duties conferred or imposed upon the holders of such respective offices under this Act. 35A Judicial registrars (1) The Governor in Council may appoint judicial registrars. (2) A person may be appointed as a judicial registrar only if the person is an Australian lawyer of at least 5 years standing. (3) A judicial registrar may be removed from office only by the Governor in Council for proven incapacity or misbehaviour. (4) A judicial registrar is an officer of the court. 35B Independence of judicial registrars A judicial registrar when constituting the court or otherwise exercising a judicial or quasi-judicial power is not subject to direction or control, other than as provided under this Act. Editor's note— For example, see division 2A (Powers and responsibilities of Chief Judge). 35C Rehearing after judicial registrar's decision (1) A party to an application who is dissatisfied with a judicial registrar's decision on the application may, with the leave of the court as constituted by a District Court judge, have the application reheard by the court as constituted by a District Court judge. (2) If the court grants leave, it may do so on condition, including, for example, a condition about— (a) the evidence to be adduced; or (b) the submissions to be presented; or (c) the nature of the rehearing. 35D Conditions of appointment (1) A judicial registrar is to be appointed under this Act and not under the Public Service Act 2008. (2) A judicial registrar is to be paid the salary and allowances decided by the Governor in Council. (3) A judicial registrar holds office on the conditions not provided for by this Act decided by the Governor in Council. (4) The office of judicial registrar is not subject to any industrial award, industrial agreement or other industrial instrument or any decision or rule of an industrial tribunal. (5) When a judicial registrar is appointed, the judicial registrar's salary, allowances and conditions are to be published in the gazette. (6) A judicial registrar's salary and allowances may not be reduced and any change to the judicial registrar's salary, allowances or conditions must be published in the gazette. 35E Retirement of judicial registrars A judicial registrar must retire on reaching 70 years of age. 35F Preservation of rights (1) This section applies if a public service officer is appointed as a judicial registrar. (2) The person retains all rights that have accrued to the person because of employment as a public service officer, or that would accrue in the future to the person because of that employment, as if service as a judicial registrar were a continuation of service as a public service officer. (3) If the person stops being a judicial registrar on being appointed to an office of the public service, the person's service as judicial registrar is to be regarded as service of a like nature in the public service for deciding the person's rights as a public service officer. 36 Principal registrar and associates (1) The Governor in Council may appoint a principal registrar. (2) The Chief Judge may appoint a person nominated by a judge as an associate to the judge. (3) An associate is appointed under this Act and not the Public Service Act 2008. (4) The Governor in Council is to decide the salary and conditions of appointment for an associate appointed under subsection (2). 36A Other registrars and officers The chief executive may appoint, for the court, registrars (other than the principal registrar), deputy registrars and other officers the chief executive considers appropriate. 37 Duties of registrar A registrar shall sign and issue summonses and warrants and register the records and judgments, and keep minutes of the proceedings of the court, and shall take charge of and keep an account of the court fees and fines payable or paid into court, and of the moneys paid into and out of court, and shall enter an account of the fees, fines and moneys, in a ledger kept by the registrar for that purpose, and shall, when required, submit the registrar's accounts to be audited by the auditor-general or the registrar's officers. 39 Minutes of proceedings to be kept (1) A registrar shall cause a note of the plaints, summonses, judgments, executions and returns thereto, and of the fines and of all other proceedings of the court, to be fairly entered from time to time in a register maintained by the court and kept at the office of the court. Evidence (2) In any action or other proceeding the books, and any entries therein, or copies of the books or entries under the seal of the court and purporting to be signed and certified by the registrar, shall upon production be prima facie evidence of the contents of the books, or of the entries, and of the proceedings referred to in them, and of the regularity of the proceedings. 40 When a clerk of the court is registrar, the clerk's successor or deputy shall be registrar (1) When a clerk of the court is appointed registrar of the District Court held at the place where the person is clerk, the successor in office of the clerk, or a deputy, or a person performing the duties for the time being, shall exercise, and have the rights and powers, and shall perform the duties of a registrar of the District Court while the person is performing the duties of such clerk. (2) However, subsection (1) does not limit the chief executive's power under section 36A. (3) In this section— clerk of the court has the meaning assigned to that expression by the Justices Act 1886. 41 Appointment of bailiffs and bailiffs' assistants (1) The chief executive may appoint 1 or more bailiffs for each district. (2) A bailiff may be suspended by a judge. (3) The bailiff may, by writing under the bailiff's hand, appoint a sufficient number of fit persons to assist the bailiff, and may dismiss all or any of them and appoint others in their stead. (4) An officer so appointed may also be suspended by a judge or suspended or dismissed by the Attorney-General. (5) The bailiff shall be responsible for the acts and defaults of the officers appointed to assist the bailiff. 42 Bailiffs' assistants may act after the death or removal of bailiff (1) The death or removal of a bailiff shall not invalidate the acts of the officers so appointed, but they shall continue to act until they are dismissed by the successor to the bailiff or by the Attorney-General. (2) They shall receive for their services while they so act after the death or removal of the bailiff the same remuneration as they were receiving at the date of the death or removal, and such remuneration shall be paid out of the salary and allowances attached to the office of bailiff. 43 Duties of bailiffs (1) The bailiffs or 1 of them shall, if required by a judge, attend every sitting of the court, and shall, by themselves or their officers, serve all plaints, and summonses and execute all warrants issued out of the court, and the bailiffs and officers shall in the execution of their duties conform to the rules of court, and subject thereto to the order and direction of a judge of the court for which they are appointed. (2) However, a plaint or a summons may be served by the plaintiff or a person employed by the plaintiff. 44 Bailiff not required to take out auctioneer's licence A bailiff or other officer duly authorised to execute a warrant of execution issued under the authority of this Act may sell land or goods without taking out an auctioneer's licence. 45 Remuneration of bailiffs (1) A bailiff shall be paid a salary on account of the bailiff's general duties, and shall also be entitled to receive and retain for the bailiff's own use the fees prescribed as bailiffs' fees, unless a judge in any case otherwise orders. (2) The bailiff shall, out of such fees, provide for the performance of the duties for which the fees are allowed, and for the payment of the officers appointed to assist the bailiff. (3) The fees received for executing warrants of execution shall be paid by the registrar to the bailiff upon the issue of the warrant of execution. 46 Bailiff answerable for escape and neglect to levy execution (1) If a bailiff who is directed to levy execution loses by neglect, connivance, or omission, the opportunity of levying the execution, a judge may, upon complaint of the party aggrieved, inquire into the matter in a summary way, and for that purpose may summon and enforce the attendance of the necessary parties in the same manner in which the attendance of witnesses in an action may be enforced, and may order the bailiff to pay such damages as it appears that the plaintiff has sustained, not exceeding in any case the sum of money for which the execution was issued, and the bailiff shall be liable to pay the same. (2) Upon demand made, and on the bailiff's refusal to pay and satisfy the damages, payment may be enforced in the manner provided by this Act. 48 Disabilities of registrar and bailiff (1) A registrar shall not act as bailiff and a bailiff, the bailiff's partner or clerk, or a person in the service or employment of a bailiff or the bailiff's partner, shall not act as registrar, and an officer of the court shall not, either by himself or herself or by the officer's partner, be directly or indirectly concerned as a lawyer or agent for a party in a proceeding in the court. (2) Any person committing an offence against this section shall be liable to pay the sum of $200 and full costs of action to any person who sues for the same. 50 Remedies against and penalties on bailiffs and other officers for misconduct (1) If a registrar, bailiff or other officer, acting under, or under colour or pretence, of the process of the court is charged with extortion or misconduct, or with not duly paying or accounting for money levied by the officer under the authority of this Act, a judge may inquire into the matter in a summary way, and for that purpose may summon and enforce the attendance of the necessary parties in the manner provided by this Act for enforcing the attendance of witnesses, and may make such order for the repayment of the money extorted, or for the due payment of the money so levied, and for the payment of such damages and costs as the judge thinks just. (2) The judge may also impose a fine upon the registrar, bailiff or other officer not exceeding $20 for each offence, and, in default of payment of the money so ordered to be paid, payment may be enforced in the manner provided by this Act for enforcing a judgment. 51 Indemnity to persons acting under this Act If an action is brought against a person for anything done under a warrant issued in pursuance of this Act, the production of the warrant under the seal of the court in the action shall be deemed sufficient proof of the authority of the court previous to the issuing of the warrant, and if the plaintiff in the action has a verdict given against the plaintiff, is nonsuited, or discontinues the action, the defendant shall be allowed costs. 52 Appearance to be in person or by lawyer, or other person allowed by the judge (1) A party to an action or other proceeding under this Act may appear in person, by a lawyer, or by any person allowed by special leave of the judge in any case. (2) But a person, not being a lawyer, is not entitled to claim or recover, or receive directly or indirectly, a sum of money or other remuneration for appearing or acting on behalf of another person in the District Court. 60 Criminal jurisdiction The District Court has jurisdiction to inquire of, hear, and determine all indictable offences, wheresoever committed, save as hereinafter excepted. 61 Criminal jurisdiction if maximum penalty more than 20 years (1) The District Court does not generally have jurisdiction to try a person charged with an indictable offence if the maximum penalty for the offence is more than 20 years. (2) However, the District Court has jurisdiction to try a person charged with committing or counselling or procuring the commission of any of the following offences even if the maximum penalty for the offence is more than 20 years— (a) an offence against the Corrective Services Act 2006, section 122 in which a prisoner wilfully and unlawfully damages or destroys, or attempts to damage or destroy, property that is part of a corrective services facility during a riot or mutiny and the security of the facility is endangered by the act; (b) an offence under the Criminal Code, section 61, 208, 213, 215, 216, 219, 222, 229B, 315, 316, 317, 318, 319, 349, 352, 411, 412, 415, 419, 421, 461, 469 or 469A. (3) Subsection (2) applies to an offence mentioned in subsection (2)(b) even if 1 or more circumstances of aggravation under the Criminal Code are alleged to exist in relation to the offence. 61A No general criminal jurisdiction over a child (1) The District Court does not have jurisdiction to try a child charged with an indictable offence, unless otherwise expressly provided by an Act. (2) Subject to this division, the District Court has jurisdiction— (a) to try a child on an indictment in which the child is also charged as an adult with an offence; or (b) to try a child in proceedings removed to the court under the Youth Justice Act 1992, part 6, division 8, subdivision 2; or (c) to sentence a child for an offence if the child is appearing before it also for sentence as an adult on a charge of an offence. (3) In exercising jurisdiction to sentence a child under subsection (2), the court may also sentence the child under the Criminal Code, section 651. (4) In this section— adult means an adult within the meaning of the Youth Justice Act 1992. child means a child within the meaning of the Youth Justice Act 1992. 63 Change of venue (1) When an accused person is committed for trial to the District Court in a place other than the district in which the offence is alleged to have been committed, a Supreme Court judge or a District Court judge may order that the trial be held in that district and may make all such orders for the remand and custody of the accused person, and for the enlargement of the accused person's bail, as may be necessary. (2) In any other case the venue may be changed by order of a judge of the Supreme Court, or of the District Court, who may make the like orders for the purposes aforesaid. (3) The District Court judge may, at any stage of a criminal trial pending in the judge's court, order that the trial take place at another place, subject to such conditions as the judge thinks fit, and may remand the accused in custody or on bail to that court. 64 Change of trial from Supreme Court to District Court (1) When a person has been committed for trial or sentence to the Supreme Court or has been indicted in any such court for an offence triable in the District Court any District Court judge if so requested by the Chief Justice may try or sentence such person and for that purpose shall have the same powers and jurisdiction as if the committal had been to or the indictment had been presented in the District Court. (2) The request of the Chief Justice may be made in respect of a particular case or cases or in respect of specified categories of cases. (3) When a person has been committed for trial to the District Court or has been indicted in the District Court any judge of the Supreme Court shall have the same powers and jurisdiction to try such person as if the committal had been to or the indictment presented in the Supreme Court. 65 Jury in criminal trials (1) All indictable offences prosecuted in the court must be tried by a judge and jury. (2) The Jury Act 1995 states the law about the following— (a) the obligation to perform jury service; (b) organisation of juries generally; (c) the selection of a jury; (d) arrangements for a jury during a trial; (e) juror's remuneration and allowances. (3) Subsection (1) is subject to an Act that allows or requires an indictable offence prosecuted in the court to be tried in another way. 66 Issues of law and fact Issues of law and fact shall be determined by the judge or jury as if the trial were a trial on indictment in the Supreme Court. 67 Registrar may issue subpoenas (1) A registrar may issue subpoenas in criminal cases for the attendance of witnesses at the trial of a person committed for trial at the place where he or she is registrar, or at another place, whether an information or indictment has been presented against such person or not. (2) A person disobeying a subpoena shall be liable to the same consequences as for disobedience to a subpoena issued in a civil proceeding under the authority of this Act. 68 Civil jurisdiction (1) The District Court has jurisdiction to hear and determine— (a) all personal actions, where the amount, value or damage sought to be recovered does not exceed the monetary limit including the following— (i) any equitable claim or demand for recovery of money or damages, whether liquidated or unliquidated; (ii) any claim for detention of chattels; (iii) any claim for rent or mesne profits; (iv) any claim for any debt, damages or compensation arising under any Act; and (b) the following actions and matters— (i) for enforcing by delivery of possession any mortgage, encumbrance, charge or lien, where the amount owing in respect thereof does not exceed the monetary limit; (ii) for relief against fraud or mistake, where the damage sustained or the estate or fund in respect of which relief is sought does not exceed in amount or value the monetary limit; (iii) for specific performance of an agreement for the sale or other disposition of land or an interest in land or of any other property, where the value of the land or interest or property does not exceed the monetary limit, or in lieu of or in addition to specific performance, damages not exceeding the monetary limit; (iv) for rectifying, delivering up or cancelling any agreement, where the amount in dispute or the value of the property affected does not exceed the monetary limit; (v) for a declaration of partnership or dissolution or winding up of, or otherwise relating to, any partnership, where the property of the partnership does not exceed in amount or value the monetary limit; (vi) for the sale or partition or division of property pursuant to the Property Law Act 1974, section 38 or 41, where the property does not exceed in amount or value the monetary limit; (vii) for the administration of the estate of a deceased person, where the estate does not exceed in amount or value the monetary limit; (viii) for the execution of a trust or a declaration that a trust subsists, where the estate or fund subject or alleged to be subject to the trust does not exceed in amount or value the monetary limit; (ix) relating to the custody, maintenance or advancement of an infant including the appointment of a guardian to the property or person of an infant but not so as to authorise any order under this provision affecting assets or property of an infant exceeding in amount or value the monetary limit; (x) for family provision pursuant to the Succession Act 1981, sections 40 to 43, but so that any provision resulting from an order made by the court shall not exceed in amount or value the monetary limit; (xi) to recover possession of any land, where the value of the land does not exceed the monetary limit; (xii) to restrain, whether by injunction or otherwise, any actual, threatened or apprehended trespass or nuisance to land, where the value of that land does not exceed the monetary limit, or, in lieu of or in addition to such an injunction, damages not exceeding the monetary limit; (xiii) for the determination of any question of construction arising under a deed, will or other written instrument, and for a declaration of the rights of the persons interested where the sum or the property in respect of which the declaration is sought does not exceed in amount or value the monetary limit; (xiv) for the appointment under the Public Trustee Act 1978, section 104 of the public trustee as administrator of any unclaimed property, where the gross value of the property does not exceed in amount or value the monetary limit. (2) In this section— monetary limit means $750000. (3) For the purpose of determining whether or not the District Court has jurisdiction under this part— (a) in the case of proceedings falling within subsection (1)(a) (ii)—the amount claimed for detention of goods is the amount claimed for the value of the goods together with the amount (if any) claimed for damages for the detention of the goods; and (b) the value of land shall be the most recent valuation, current at the time of instituting the proceedings, made by the valuer-general under the Land Valuation Act 2010, or, if there is no such valuation in respect of the land, the current market value at that time of the land exclusive of improvements thereto; and (c) in any case where it is necessary to determine whether the monetary limit is exceeded—no account shall be taken of any amount awarded or liable to be awarded in the action by way of interest on any amount. (4) Where any question arises as to the amount or value for the purpose of jurisdiction under this part the decision of the District Court shall be conclusive as to that matter. 69 Powers of District Court (1) Subject to this Act and to the rules of court, the District Court has, for the purposes of exercising the jurisdiction conferred by this part, all the powers and authorities of the Supreme Court, including the powers and authorities conferred on the Supreme Court by an Act, and may in any proceeding in like manner and to like extent— (a) grant such relief or remedy; and (b) make any order, including an order for attachment or committal in consequence of disobedience to an order; and (c) give effect to every ground of defence or matter of set-off whether equitable or legal; as may and ought to be done in like cases by a judge of the Supreme Court. Example of power conferred on the Supreme Court by an Act— the power of the Supreme Court under the Land Title Act 1994, section 127 (Removing a caveat) to order that a caveat be removed (2) Without affecting the generality of subsection (1), the District Court shall, in any proceedings in which jurisdiction is conferred under this part, have power to grant relief— (a) by way of a declaration of rights of the parties; and (b) by way of injunction, whether interim, interlocutory or final, in the proceedings; and (c) by staying the proceedings or part thereof; and (d) by appointing a receiver including an interim receiver. (3) To remove any doubt, it is declared that the District Court may grant a Mareva injunction or Anton Piller order in proceedings in which jurisdiction is conferred under this part. (4) The appropriate officer of the District Court shall, in addition to any duties otherwise imposed on the officer, discharge— (a) any duty which an officer of the Supreme Court would be required under the practice of the Supreme Court to discharge in the like circumstances; and (b) any duty imposed on the officer by any order of the court. (5) For the purposes of subsection (4) the appropriate officer of the District Court shall have the powers of the relevant officer of the Supreme Court. 70 Relief against proceedings to recover land In relation to proceedings instituted or threatened to be instituted pursuant to section 68(1)(b)(xi), the District Court may exercise all or any of the powers and authorities of the Supreme Court under the Property Law Act 1974, sections 124, 125 and 127. 71 Reference to arbitration The judge may in any action or matter, at any time before judgment, order the action or matter or any question arising thereon, with or without other matters within the jurisdiction of the court in dispute between the parties, to be referred to arbitration, to such person or persons and in such manner and on such terms as the judge thinks reasonable. 72 Consent jurisdiction (1) If both parties agree, by a memorandum signed by them or by their lawyers, that the District Court sitting in a particular district shall have jurisdiction to try any action which might be brought or any counterclaim which might be made in the Supreme Court, the District Court sitting at that place shall have jurisdiction to try the action or counterclaim, or both. (2) The memorandum shall state that the parties signing it know that the action or as the occasion shall require, the counterclaim, is not within the jurisdiction of the District Court without such consent, and shall be filed with a registrar in the case of an action at the time when the plaint is entered and in the case of a counterclaim, at the time the defence and counterclaim is filed or at such later time as a judge on application made in that behalf, may allow. 73 Splitting demands—abandonment of excess A plaintiff shall not divide a cause of action for the purpose of bringing 2 or more actions in the District Court, but a plaintiff having a cause of action for more than the amount for which a plaint might be entered under this Act may abandon the excess (which abandonment shall be stated in the plaint), and thereupon the plaintiff may, on proving the plaintiff's case, recover to an amount not exceeding the limit specified by this Act and the judgment of the court shall be in full discharge of all demands in respect of the cause of action, and entry of the judgment of the court shall be made accordingly. 74 Splitting debt by giving bills If a defendant has given 2 or more bills of exchange, promissory notes, bonds or other securities, for a debt or sum originally exceeding the amount specified in section 68(2) the plaintiff may sue separately upon each of the securities not exceeding such amount as forming a distinct cause of action. 75 When a jury may be summoned (1) Any party may require a jury to be summoned in any of the following cases— (a) in any action or matter in which the amount claimed exceeds the Magistrates Courts jurisdictional limit; (b) in any action for the recovery of possession of land of which the value exceeds the Magistrates Courts jurisdictional limit; (c) in proceedings in interpleader in which the amount claimed or the value of the goods in question exceeds the Magistrates Courts jurisdictional limit; (d) in an action or matter which before the commencement of the District Courts Act and Other Acts Amendment Act 1989 might have been commenced only in the Supreme Court unless the parties agreed to it being heard and determined in another jurisdiction; unless the action or matter is one which if brought in the Supreme Court would be required to be heard and determined by a judge without a jury. (2) In this section— Magistrates Courts jurisdictional limit means the amount applying under the Magistrates Courts Act 1921, section 4(a), as the limit of the amount claimed in a personal action. 76 Rules of evidence The rules of evidence observed in the Supreme Court shall be applicable to and observed upon the trial of questions of fact in the District Court. 77 Removal of proceedings from Supreme Court to District Court (1) If proceedings are pending in the Supreme Court that in the absence of a memorandum signed under section 72— (a) might have been brought in the District Court within its jurisdiction under this part; or (b) in a case where an Act amending the jurisdiction of the District Court comes into operation while the proceedings are pending in the Supreme Court—might have been brought in the District Court within its jurisdiction under this part if the Act had come into operation before the proceedings were brought in the Supreme Court; a party to the proceedings may at any time apply to the Supreme Court for an order remitting the proceedings to the District Court, or the Supreme Court may of its own motion order the party that brought the proceedings to show cause as directed therein why the proceedings should not be so remitted. (2) If the Supreme Court makes an order under subsection (1) on its own motion, the registrar shall give notice of the order to the party in question and in accordance with the rules of the Supreme Court. (3) In a hearing conducted pursuant to subsection (1), unless it is shown to the satisfaction of the Supreme Court— (a) that unnecessary delay would be caused by a trial in the District Court; or (b) that either by reason of the probable cost of trial in the District Court, or by reason of the questions of law involved in the proceedings, or because there is reason to believe that a fair trial can not be had in the District Court, the case ought to be tried in the Supreme Court; it may order the proceedings pending in the Supreme Court to be remitted to the District Court. (4) Where the Supreme Court makes an order under subsection (3) remitting proceedings to the District Court, the registrar of the Supreme Court shall transmit to the registrar of the District Court a copy of the order and a copy of the writ, pleadings or other documents filed by the parties in the registry of the Supreme Court in relation to the proceedings. (5) Proceedings remitted to the District Court shall be heard and determined and judgment therein shall be entered as if the proceedings had been commenced in the District Court. (6) The costs of the parties in respect of proceedings remitted to the District Court by an order made under subsection (3)— (a) incurred subsequently to the order shall be allowed according to the scale prescribed for the District Court; and (b) incurred before the order— (i) in the case of proceedings referred to in subsection (1)(a), must be assessed on the basis the proceedings had been started in the Supreme Court if the Supreme Court orders, or, in the absence of an order, as if the proceedings had been started in the District Court; and (ii) in the case of proceedings referred to in subsection (1)(b) shall be allowed according to the scale prescribed for the Supreme Court. (7) The reference in subsection (1)(b) to an Act amending the jurisdiction of the District Court does not include reference to the Civil and Criminal Jurisdiction Reform and Modernisation Amendment Act 2010. 78 Removal of proceedings from the District Court to a Magistrates Court (1) If proceedings are pending in the District Court within its jurisdiction under this part that without the consent of all parties— (a) might have been brought in a Magistrates Court; or (b) in a case where an Act amending the jurisdiction of Magistrates Courts comes into operation while the proceedings are pending in the District Court—might have been brought in a Magistrates Court if the Act had come into operation before the proceedings were brought in the District Court; a party to the proceedings may at any time apply to the District Court for an order remitting the proceedings to a Magistrates Court, or the District Court may of its own motion order the party that brought the proceedings to show cause as directed therein why the proceedings should not be so remitted. (2) If the District Court makes an order under subsection (1) on its own motion, the registrar shall give notice of the order to the party in question and in accordance with the rules of court. (3) In a hearing conducted pursuant to subsection (1), unless it is shown to the satisfaction of the District Court— (a) that unnecessary delay would be caused by a trial in a Magistrates Court; or (b) that either by reason of the probable cost of trial in a Magistrates Court, or by reason of the questions of law involved in the proceedings, or because there is reason to believe that a fair trial can not be had in a Magistrates Court, the case ought to be tried in the District Court; it may order the proceedings pending in the District Court to be remitted to a Magistrates Court. (4) Where the District Court makes an order under subsection (3) remitting proceedings to a Magistrates Court, the registrar of the District Court shall transmit to the registrar of the Magistrates Court to which the proceedings are remitted a copy of the order and a copy of the plaint, pleadings or other documents filed by the parties in the registry of the District Court in relation to the proceedings. (5) Proceedings remitted to a Magistrates Court shall be heard and determined and judgment therein shall be entered as if the proceedings had been commenced in that Magistrates Court. (6) The costs of the parties in respect of proceedings remitted to a Magistrates Court by an order made under subsection (3)— (a) incurred subsequently to the order shall be allowed according to the scale prescribed in Magistrates Courts; and (b) incurred before the order— (i) in the case of proceedings referred to in subsection (1)(a)—must be assessed on the basis the proceedings had been started in the District Court if the District Court orders, or, in the absence of an order, as if the proceedings had been started in a Magistrates Court; and (ii) in the case of proceedings referred to in subsection (1)(b)—shall be allowed according to the scale prescribed for the District Court. (7) The reference in subsection (1)(b) to an Act amending the jurisdiction of Magistrates Courts does not include reference to the Civil and Criminal Jurisdiction Reform and Modernisation Amendment Act 2010. 79 Plaintiff's right to transfer action from Magistrates Court to District Court (1) Where there is now or hereafter pending in a Magistrates Court an action, the plaintiff may at any time apply to the District Court for an order to transfer the action to the District Court on the ground that there is reasonable ground for supposing that the relief or remedy sought (which would be available if the action were transferred to the District Court) is not available in the Magistrates Court. (2) If, on any such application the judge is satisfied that there is reasonable ground as aforesaid, the judge shall make an order that the action be transferred to the District Court. 80 Transfer of certain actions from Magistrates Court to District Court at defendant's instance (1) Where there is now or hereafter pending in a Magistrates Court any action wherein the relief or remedy sought is one which would also be available if the action were transferred to the District Court, the defendant may make application to the District Court to transfer the action to the District Court. (2) The judge shall not grant the application unless the judge is satisfied that some important question of law or fact is likely to arise. 81 Procedure where proceedings beyond jurisdiction are commenced in Magistrates Court (1) Where any proceedings are now or hereafter pending in a Magistrates Court in which a Magistrates Court has no jurisdiction, that Magistrates Court shall, unless it is given jurisdiction by an agreement made under the provisions of the rules under the Magistrates Courts Act 1921 order that the proceedings (save proceedings which are not within the jurisdiction of the District Court) be transferred to the District Court. (2) However, where, on the application of any defendant, it appears to the Magistrates Court that the plaintiff or 1 of the plaintiffs knew or ought to have known that a Magistrates Court had no jurisdiction in the proceedings, the Magistrates Court may, if it thinks fit, instead of ordering that the proceedings be transferred as aforesaid, order that they be struck out. 82 Plaintiff's right to transfer action from District Court to Supreme Court (1) Where there is now or hereafter pending in the District Court an action, the plaintiff may at any time apply to the Supreme Court for an order to transfer the action to the Supreme Court, on the ground that there is reasonable ground for supposing that the relief or remedy sought is not available in the District Court. (2) If, on any such application, the court is satisfied that there is reasonable ground as aforesaid, it shall make an order that the action be transferred to the Supreme Court. 83 Transfer of certain actions from District Court to Supreme Court at defendant's instance (1) Where there is now or hereafter pending in the District Court any action, the defendant may make application to the Supreme Court to transfer the action to the Supreme Court. (2) The court shall not grant the application unless it is satisfied some important question of law or fact is likely to arise. 84 Costs When an order is granted for the removal of an action or matter from the District Court, or for the issuing of a writ of certiorari for such removal, and provision is not made with respect to the costs of the proceedings in the District Court, the costs of the proceedings shall be costs in the action or matter. 85 Procedure if proceeding started in wrong court (1) This section applies if the District Court considers the court does not have jurisdiction to hear and decide a proceeding started in the court. (2) If the District Court considers the Supreme Court has jurisdiction to hear the proceeding, the District Court may, by order, transfer the proceeding to the Supreme Court. (3) Subsection (2) does not apply to a proceeding that may or must be struck out under subsection (4) or (5). (4) If the District Court considers that the party who started the proceeding knew, or should have known, that the court did not have jurisdiction to hear the proceeding, the court may strike out the proceeding and order the party who started the proceeding to pay the costs of the other party to the proceeding. (5) If the District Court does not have jurisdiction and the proceeding may not be transferred under subsection (2) or struck out under subsection (4), the court— (a) must strike out the proceeding; and (b) may order the party who started the proceeding to pay the costs of the other party to the proceeding. (6) In this section— proceeding includes appeal. 86 Jurisdiction as to counterclaims (1) Where, in any action now or hereafter pending in the District Court, any counterclaim or set-off and counterclaim which involves matter beyond the jurisdiction of the District Court has been filed by any defendant, any party to the action may, within 14 days after the filing of the said counterclaim or set-off and counterclaim, apply to a judge of the Supreme Court for an order that the whole proceedings, or the proceedings on the said counterclaim or set- off and counterclaim be transferred to the Supreme Court. (2) On any such application the judge of the Supreme Court may, as the judge thinks fit, order either— (a) that the whole proceedings be transferred to the Supreme Court; or (b) that the whole proceedings be heard and determined in the District Court; or (c) that the proceedings on the counterclaim or set-off and counterclaim be transferred to the Supreme Court and that the proceedings on the plaintiff's claim and the defence thereto other than the set-off (if any) be heard and determined in the District Court. (3) However, where an order is made under subsection (2)(c), and judgment on the claim is given for the plaintiff, execution thereon shall, unless the Supreme Court at any time otherwise orders, be stayed until the proceedings transferred to the Supreme Court have been determined. (4) Where the Supreme Court makes any order under the provisions of this section, the registrar shall forward to the registrar of the District Court a copy of the order so made. (5) If no application is made under this section within the time prescribed, or if on such an application it is ordered that the whole proceedings be heard and determined in the District Court, the District Court shall have jurisdiction to hear and determine the whole proceedings, notwithstanding any enactment to the contrary. 87 Application of statutes of limitations Any action, matter or proceeding which has been or may be— (a) remitted or transferred from the Supreme Court or another court to the District Court; or (b) removed or remitted or transferred from the District Court to the Supreme Court or another court; is taken, for the Limitation of Actions Act 1974 or another Act prescribing a period of limitation within which an action, matter or proceeding may be brought, to have been brought in the court to which it has been removed, remitted or transferred on the day the action, matter or proceeding was originally brought whether in the Supreme Court, the District Court or any other court. 88 Warrant empowers bailiff to enter on land A warrant to a bailiff to give possession of land empowers the bailiff named in the warrant to enter on the land with such assistance as the bailiff determines and to give possession accordingly. 89 Objects of part The objects of this part are— (a) to provide an opportunity for litigants to participate in ADR processes in order to achieve negotiated settlements and satisfactory resolutions of disputes; and (b) to introduce ADR processes into the court system to improve access to justice for litigants and to reduce cost and delay; and (c) to provide a legislative framework allowing ADR processes to be conducted as quickly, and with as little formality and technicality, as possible; and (d) to safeguard ADR processes— (i) by ensuring they remain confidential; and (ii) by extending the same protection to participants in an ADR process they would have if the dispute were before the District Court. 90 ADR process (1) An ADR process is a process of mediation or case appraisal under which the parties are helped to achieve an early, inexpensive settlement or resolution of their dispute. (2) In division 6, an ADR process includes all the steps involved in an ADR process, including, for example— (a) pre-mediation and post-mediation sessions; and (b) a case appraisal session; and (c) joint sessions; and (d) private sessions; and (e) another step prescribed under the rules. 91 Mediation Mediation is a process under the rules under which the parties use a mediator to help them resolve their dispute by negotiated agreement without adjudication. 92 Case appraisal (1) Case appraisal is a process under the rules under which a case appraiser provisionally decides a dispute. (2) A case appraiser's decision is not binding on the parties until— (a) the time prescribed by the rules for filing an election to go to trial has passed; and (b) the District Court, by order, gives effect to the decision. 96 Parties may agree to ADR process (1) The parties to a dispute may agree to refer their dispute to an ADR process. (2) If the parties agree to the referral, they must file a consent order in the form prescribed under the rules with the registrar. (3) A consent order filed under this section is taken to be a referring order. 97 Court may consider and order reference to ADR process (1) The District Court may require the parties or their representatives to attend before it to enable the court to decide whether the parties' dispute should be referred to an ADR process. (2) This section also applies if— (a) a party applies to the District Court for an order referring a dispute to an ADR process; or (b) the parties are otherwise before the District Court. (3) The court may, by order (referring order), refer the dispute for mediation or case appraisal. (4) Without limiting the court's discretion, the court may take the following matters into account when deciding whether to refer a dispute to case appraisal— (a) whether the costs of litigating the dispute to the end are likely to be disproportionate to the benefit gained; (b) the likelihood of an appraisal producing a compromise or an abandonment of a claim or defence; (c) other circumstances justify an appraisal. (5) If the court decides to refer the dispute to a mediator under the Dispute Resolution Centres Act 1990, it is sufficient if the order appoints the director of a specified dispute resolution centre as mediator. 98 Parties must attend at ADR process if District Court orders (1) If a referring order is made, the parties— (a) must attend before the ADR convenor appointed to conduct the ADR process; and (b) must not impede the ADR convenor in conducting and finishing the ADR process within the time allowed under the referring order. (2) If a party impedes the ADR process, the District Court may impose sanctions against the party, including, for example— (a) by ordering that any claim for relief by the defaulting party is stayed until further order; and (b) by taking the party's action into account when awarding costs in the proceeding or in another related proceeding between the parties. 99 Procedure at case appraisal (1) At a case appraisal, the case appraiser— (a) must decide the procedure to be used at the case appraisal; and (b) may adopt any procedure that will, in the case appraiser's opinion, enable a sound opinion of the likely outcome of the dispute to be reached; and (c) must finish the case appraisal as quickly as possible. (2) However, the case appraiser may, in special circumstances— (a) receive evidence; and (b) examine witnesses, and administer oaths to witnesses, who have been lawfully called before the case appraiser. (3) The District Court may, at any time, give directions about procedure to be used at the case appraisal. (4) This section is subject to section 100. 100 Subpoenas (1) A person may be subpoenaed to appear at a case appraisal only by order of the District Court. (2) A person may not be subpoenaed to appear at a mediation. (3) A person subpoenaed to appear at a case appraisal must not be compelled to answer a question, or produce a document, the person could not be compelled to answer or produce before the District Court. 101 Party unable to pay share of costs (1) If, at any time, the District Court is of the opinion a party to an ADR process is unable, because of the party's financial circumstances, to pay the party's percentage of the ADR costs, the court may make an order appropriate in the circumstances. (2) Without limiting subsection (1), the order may provide— (a) the reference to the ADR process be cancelled; or (b) the referring order be revoked and another referring order made. 102 Mediated resolution agreement (1) If, at a mediation, the parties agree on a resolution of their dispute or part of it, the agreement must be written down and signed by or for each party and by the mediator. (2) The agreement has the same effect as any other compromise. 103 Mediator to file certificate As soon as practicable after a mediation has finished, the mediator must file with the registrar of the referring court a certificate about the mediation in the form prescribed under the rules. 104 Case appraiser to file certificate and decision As soon as practicable after a case appraisal has finished, the case appraiser must file with the registrar of the referring court— (a) a certificate about the case appraisal in the form prescribed under the rules; and (b) the case appraiser's decision (if any). 105 Orders giving effect to mediation agreement (1) A party may apply to the District Court for an order giving effect to an agreement reached after mediation. (2) However, a party may apply for the order only after the mediator's certificate is filed with the registrar of the referring court. (3) The court may make any order it considers appropriate in the circumstances. 106 Orders giving effect to case appraiser's decision (1) A party may apply to the District Court for an order giving effect to a case appraiser's decision after the time prescribed under the rules for electing to go to trial has passed. (2) However, a party may apply for the order before the time mentioned in subsection (1) if all parties agree. (3) The court may make any order it considers appropriate in the circumstances. 107 ADR convenors to maintain secrecy (1) An ADR convenor must not, without reasonable excuse, disclose information coming to the convenor's knowledge during an ADR process. Maximum penalty—50 penalty units. (2) It is a reasonable excuse to disclose information if the disclosure is made— (a) with the agreement of all the parties to the ADR process; or (b) for this part; or (c) for statistical purposes without revealing, or being likely to reveal, the identity of a person about whom the information relates; or (d) for an inquiry or proceeding about an offence happening during the ADR process; or (e) for a proceeding founded on fraud alleged to be connected with, or to have happened during, the ADR process; or (f) under a requirement imposed under an Act. 108 Ordinary protection and immunity allowed (1) In performing the functions of mediator or case appraiser, an ADR convenor has the same protection and immunity as a judge performing the functions of a judge. (2) A party appearing in an ADR dispute has the same protection and immunity the party would have if the dispute were being heard before the District Court. (3) A witness attending in an ADR dispute has the same protection and immunity as a witness attending before the District Court. (4) A document produced at, or used for, an ADR dispute has the same protection during the ADR dispute it would have if produced before the District Court. (5) In subsection (2)— party includes a party's lawyer or agent. 109 Admissions made to ADR convenors (1) Evidence of anything done or said, or an admission made, at an ADR process about the dispute is admissible at the trial of the dispute or in another civil proceeding before the District Court or elsewhere only if all parties to the dispute agree. (2) In subsection (1)— civil proceeding does not include a civil proceeding founded on fraud alleged to be connected with, or to have happened during, the ADR process. 110A Purpose of part The purpose of this part is to provide for the use of video link facilities for certain proceedings before the District Court. 110B Definitions for part In this part— detainee means— (a) for section 110C(1)—someone who is in custody at a correctional institution; and (b) otherwise—someone who is— (i) in custody at a correctional institution; and (ii) a party to a proceeding. proceeding for a provision of this part, other than section 110C(1), means a proceeding to which section 110C(1) applies. 110C Use of video link facilities in proceedings (1) This section applies to a proceeding if— (a) a detainee is entitled or required to be present before the District Court for the proceeding; and (b) the proceeding is— (i) about an offence with which the detainee is charged, including a proceeding for the detainee's bail or remand; or (ii) an appeal under the Justices Act 1886, section 222 in relation to an offence of which the detainee has been convicted (appeal proceeding); and (c) video link facilities are available linking the correctional institution where the detainee is in custody and the court. (2) A proceeding for the detainee's bail or remand or an appeal proceeding must be conducted using the video link facilities, unless the court, in the interests of justice, otherwise orders. (3) In a proceeding, other than a proceeding for the detainee's bail or remand or an appeal proceeding, the court may order the proceeding be conducted using video link facilities only if all parties consent. (4) The video link facilities may only be used to link the proceeding before the court at the place the court is sitting with the detainee, or the detainee and the detainee's representative, at the correctional institution. 110D Detainee taken to be before the court (1) A person present at the part of the correctional institution used for the conduct of a proceeding, when the proceeding is being conducted, is taken to be in the presence of the District Court for all purposes. (2) The part of the correctional institution used for the proceeding is taken to be part of the court for the conduct of the proceeding. (3) Any entitlement of, or requirement for, the detainee under any law or court order to be present before the court in the proceeding is taken to be satisfied by the detainee's use of video link facilities for the proceeding. 110E Way video link facilities must be operated (1) Video link facilities, when used for a proceeding, are to be operated in a way that ensures two-way audio and visual communication between the detainee and the District Court. (2) If video link facilities fail during a proceeding, the court may adjourn the proceeding or make another appropriate order, as if the detainee were still in the presence of the court. 110F Facilities for private communication (1) The District Court and the correctional institution must make facilities available for private communication between the detainee and the detainee's representative in a proceeding if the representative is at the place where the court is sitting. (2) A communication between the detainee and the detainee's representative is as confidential and as inadmissible in any proceeding as it would be if it took place between the detainee and the detainee's representative while in each other's presence. (3) Subsection (2) does not limit any other protection applying to the communication. 110G Variation or revocation of order The District Court may, at any time, vary or revoke an order made under section 110C. 111 Definitions for pt 8 In this part— appeal includes a special case or other case stated for the opinion of the District Court. central district means the central district of the Supreme Court. decision includes a conviction, determination, judgment and order recorded or made by a court. far northern district means the far northern district of the Supreme Court. northern district means the northern district of the Supreme Court. party includes a prospective party to a proposed appeal. 112 No appeal lies from Magistrates Court to Supreme Court An appeal may not be made from a Magistrates Court to the Supreme Court. 113 Power of District Court on appeal from Magistrates Court The District Court has, for an appeal from a Magistrates Court, the same powers as the Supreme Court had for the same type of appeal immediately before the commencement of the District Courts Act 1958, including for an application for leave to appeal. 114 Other appeals (1) This section applies if, under an Act, provision is made for an appeal— (a) to a court of general or quarter sessions; or (b) to a judge of the Supreme Court on circuit; or (c) from a decision of justices and no other court of appeal is mentioned. (2) The appeal lies to the District Court. 116 Venue of appeals (1) An appeal to the District Court about a decision of or a matter before a court must be heard and decided in the district in which the court exercised or is exercising jurisdiction. (2) However, the parties to the proceeding may agree to the appeal being heard and decided at a particular place, including a place outside the district. (3) This section is subject to a provision of another Act that provides for the place where an appeal to the District Court must or may be heard. (4) In this section— district means— (a) the far northern district; or (b) the northern district; or (c) the central district; or (d) the southern district. Editor's note— The far northern, northern and central districts of the Supreme Court are declared under the Supreme Court Act 1995, section 266A. southern district means the part of the State not included in the central, northern or far northern district. 117 Transfer of appeal hearings (1) A judge may order that an appeal is to be transferred to the District Court at another place, if it appears to the judge— (a) that it is in the interests of justice that the appeal be heard at the other place; or (b) that the appeal may be more conveniently heard at the other place and no party to the proceeding objects. (2) The order may be made on the application of a party to the proceeding, or, if the judge is the judge hearing the appeal, on the judge's own initiative. (3) The officer that has the appeal record must give the record and all appropriate exhibits to the appropriate officer at the place where the appeal is to be heard. (4) In this section— heard includes— (a) heard and decided; and (b) continued and decided. 118 Appeal to the Court of Appeal in certain cases (1) This section— (a) does not apply to an appeal from a judgment of the District Court in the exercise of its criminal jurisdiction under part 4; but (b) does apply to an appeal from other judgments of the District Court in the exercise of its criminal jurisdiction, including on an appeal brought before the court under the Justices Act 1886, section 222. (2) A party who is dissatisfied with a final or interlocutory judgment of the District Court in its original jurisdiction may appeal to the Court of Appeal if the judgment— (a) is given for an amount equal to or more than the Magistrates Courts jurisdictional limit; or (b) relates to a claim for, or relating to, property that has a value equal to or more than the Magistrates Courts jurisdictional limit. (3) A party who is dissatisfied with any other judgment of the District Court, whether in the court's original or appellate jurisdiction, may appeal to the Court of Appeal with the leave of that court. (4) In deciding whether there is a right of appeal under this section, the Court of Appeal may— (a) inform itself in any way it considers appropriate, including by reference to the appeal record; and (b) decide the question summarily without hearing evidence. (5) If it is reasonably arguable that a right of appeal under this section exists, the Court of Appeal may treat that circumstance as a ground for granting leave to appeal. (6) If the Court of Appeal grants leave under subsection (3), it may grant it on the conditions it considers appropriate. (7) A single judge of the Court of Appeal may— (a) grant (with or without condition) or refuse leave mentioned in subsection (3); or (b) make the decision mentioned in subsection (4)(b). (8) The Supreme Court Act 1995, section 254, does not apply to an order of a single judge of the Court of Appeal under this section. (9) An appeal from the District Court in its original jurisdiction is by way of rehearing. (10) In this section— final judgment, of the District Court, includes a judgment that grants leave to enter a judgment mentioned in subsection (2). Magistrates Courts jurisdictional limit means the amount of the jurisdictional limit of Magistrates Courts for personal actions stated in the Magistrates Courts Act 1921, section 4(a). 119 Jurisdiction of Court of Appeal (1) On the hearing of an appeal the Court of Appeal shall have power to draw inferences of fact from facts found by the judge or jury, or from admitted facts or facts not disputed provided that where the appeal is not by way of rehearing such inferences shall not be inconsistent with the findings of the judge or jury. (2) On the hearing of any appeal the Court of Appeal— (a) may order a new trial on such terms as the court thinks just; and (b) may order judgment to be entered for any party, or may make any other order, on such terms as the Court of Appeal thinks proper, to ensure the determination on the merits of the real questions in controversy between the parties; and (c) may make such order with respect to the costs of the appeal as it thinks proper; and every such order shall be final. 120 Parties may agree not to appeal An appeal shall not lie from the decision of a judge if, before the decision is pronounced, both parties agree, in writing signed by themselves or their lawyers or agents, that the decision of the judge shall be final. 122 Special case A Magistrates Court may not state in the form of a special case for the opinion of the Supreme Court any question of law arising in any case, but in lieu thereof may state in the form of a special case for the opinion of the District Court any such question of law, and the District Court shall have the same powers, authorities and duties as the Supreme Court had in respect of such a special case prior to the coming into force of the District Courts Act Amendment Act 1960. 123 Action on judgment An action may be brought in the Supreme Court upon a judgment in the District Court, but the plaintiff shall not recover any costs in such an action up to judgment unless the defendant appears and unsuccessfully defends the action. 124 Judgment to survive death A judgment obtained by a plaintiff but not satisfied previous to the plaintiff's death and also all causes of action shall survive to the plaintiff's personal representative who may issue out execution in the representative's own name in the same way in which the plaintiff might have done. 128 Fees and fines to be paid to the consolidated fund All fees payable in respect of any proceedings to a registrar, except such of them as a bailiff is entitled to receive and retain for the bailiff's own use, and all fines imposed under this Act and received by a registrar, shall be paid into the consolidated fund. 129 Contempt (1) A person is in contempt of the District Court if the person— (a) without lawful excuse, fails to comply with an order of the court (other than an order mentioned in paragraph (e)), or an undertaking given to the court; or (b) wilfully insults a judge or juror, or a registrar, bailiff, or other court officer during the person's sitting or attendance in court, or in going to or returning from the court; or (c) wilfully interrupts the proceedings of the court or otherwise misbehaves himself or herself in court; or (d) unlawfully obstructs or assaults someone in attendance in court; or (e) without lawful excuse, disobeys a lawful order or direction of the court at the hearing of any proceeding; or (f) commits any other contempt of the court. (2) A District Court judge has the same power to punish for a contempt mentioned in subsection (1) as a Supreme Court judge would have if the contempt were a contempt of the Supreme Court. (3) If the contempt is in the face of the court, a bailiff or other court officer acting under the court's order may, using necessary and reasonable help and force, take the person committing the contempt into custody and detain the person until the court rises. (4) Before the court rises, the court may— (a) ask the person to explain why the person should not be punished; or (b) adjourn the matter to be dealt with on a stated date. (5) If the court acts under subsection (4)(a), the court may deal with the person immediately. 130 Executors An executor or administrator may sue and be sued in the District Court in the same manner in which a person may sue or be sued in the person's own right, and in any such case judgment may be given and execution issued against the same persons against whom, and in the same manner in which, judgment would be given or execution issued in the Supreme Court. 130A Annual report (1) As soon as practicable after the end of each financial year, but within 4 months after the end of the financial year, the Chief Judge must prepare and give to the Minister a written report about the operation of the District Court during the year. (2) The Minister must table a copy of the report in the Legislative Assembly within 14 sitting days after receiving the report. 131 Regulation-making power (1) The Governor in Council may make regulations under this Act. (2) A regulation may make provision for the control and management of the precincts of the District Court. 132 References to District Courts (1) In another Act, a reference to a District Court is a reference to a District Court within the meaning of this Act. (2) For an Act passed before the commencement of this Act, subsection (1) has effect even though the reference is expressed to relate to a District Court within the meaning of another Act. 133 References to District Courts Act 1958 In an Act or document, a reference to the District Courts Act 1958 may, if the context permits, be taken to be a reference to this Act. 134 References to District Courts (Venue of Appeals) Act 1988 In an Act or document, a reference to the District Courts (Venue of Appeals) Act 1988 may, if the context permits, be taken to be a reference to this Act. 135 Transitional references to chairperson etc. A reference in another Act to the chairperson of District Courts or a deputy chairperson of District Courts is, for anything done, or proposed to be done, after 3 June 1993, taken to be a reference to the Chief Judge of District Courts or a senior judge of District Courts. 137 Continued use of title of senior judge (1) A person holding office as a senior judge immediately before the commencement of the District Courts Legislation Amendment Act 1996 may continue to use the title senior judge while the person continues to hold office as a judge. (2) This section expires on 31 December 2012. 139 Transitional—establishment of the District Court (1) On the commencement of part 2, division 1— (a) the District Courts in existence on the commencement (the previous District Courts) are amalgamated into the District Court; and (b) the places at which the previous District Courts were held are the places at which the District Court is to be held; and (c) the district assigned to a previous District Court held at a place is the district for the District Court to be held at the place; and (d) any jurisdiction or power of the previous District Courts or a judge of a previous District Court or the previous District Courts becomes jurisdiction or power of the District Court or a judge of the District Court; and (e) anything else done or existing in relation to a previous District Court continues, and is taken to be done or existing in relation to the District Court or the corresponding district of the District Court; and (f) a proceeding pending in a previous District Court is to be continued in the District Court at the place at which it would have continued if part 2, division 1 had not been enacted; and (g) each judge of a previous District Court or the previous District Courts becomes a judge of the District Court; and (h) the Chief Judge of District Courts becomes the Chief Judge of the District Court. (2) Part 2, division 1 does not affect— (a) any appointment, subject to the name changes mentioned in subsection (1)(g) and (h); or (b) the seniority of a judge; or (c) any principle or rule of law or equity; or (d) any right, privilege or liability. (3) In an Act or document, if the context permits— (a) a reference to the District Courts Act 1967 is taken to be a reference to the District Court Act 1967; and (b) a reference to the District Courts Rules 1968 is taken to be a reference to the District Court Rules 1968; and (c) a reference to a District Court or the District Courts is taken to be a reference to the District Court; and (d) a reference to a District Court held at a place is a reference to the District Court held at the place; and (e) a reference to a judge of a District Court or to a judge of District Courts is taken to be a reference to a judge of the District Court; and (f) a reference to the Chief Judge of District Courts is a reference to the Chief Judge of the District Court. 140 Transitional—change of name to District Court of Queensland (1) To remove doubt, it is declared that changing the court's name from the 'District Court' to the 'District Court of Queensland' does not affect the following— (a) any jurisdiction or power of the court or 1 or more judges of the court; (b) anything done or existing in relation to the court; (c) a proceeding pending in the court; (d) any appointment; (e) the seniority of a judge; (f) any principle or rule of law or equity; (g) any right, privilege or liability. Editor's note— See also the Constitution of Queensland 2001, section 89 (Continuation of District Court). (2) If, before the commencement of this section, there is a reference in an Act or document to the District Court Act 1967, then, from the commencement, if the context permits, the reference is taken to be a reference to the District Court of Queensland Act 1967. (3) If, before the commencement of this section, there is a reference in an Act or document to the District Court, including a reference to the District Court by virtue of section 139, then, from the commencement, if the context permits, the reference is taken to be a reference to the District Court of Queensland. 141 Transitional provision for Justice and Other Legislation (Miscellaneous Provisions) Act 2002 An appointment of a person under section 36 as in force immediately before the amendment of that section by the Justice and Other Legislation (Miscellaneous Provisions) Act 2002, section 12, continues to have effect as if section 12 had not been enacted. 142 Transitional provision for Criminal Code and Other Acts Amendment Act 2008 (1) Section 61 applies as if the reference in section 61(2)(b) to the Criminal Code, section 61 included a reference to the Criminal Code, sections 64 and 65 as in force at any time before their repeal by the Criminal Code and Other Acts Amendment Act 2008. (2) Section 61 applies as if the reference in section 61(2)(b) to the Criminal Code, section 319 included a reference to the Criminal Code, section 319A as in force at any time before its repeal by the Criminal Code and Other Acts Amendment Act 2008. 143 Transitional provision for Justice and Other Legislation Amendment Act 2008, pt 10—notice to witness (1) This section applies if, before the commencement of this section, a witness is given a notice to witness in relation to a person committed for trial. (2) Sections 29 and 63, as in force immediately before the commencement of this section, continue to have effect in relation to the notice to witness until— (a) the proceeding in relation to the accused person is concluded; or (b) the court otherwise directs; or (c) 3 years after the commencement of this section; whichever happens first. 144 Transitional provision for Justice and Other Legislation Amendment Act 2008, pt 10—principal registrar (1) This section applies if, immediately before the commencement of this section, a person held appointment as a principal registrar, whether under this Act or under the Public Service Act 2008 for the purposes of this Act. (2) The person continues to hold appointment as a principal registrar under this Act after the commencement in accordance with the person's instrument of appointment. 145 Transitional provision for Civil and Criminal Jurisdiction Reform and Modernisation Amendment Act 2010—civil jurisdiction Sections 68, 75 and 118, as amended by the Civil and Criminal Jurisdiction Reform and Modernisation Amendment Act 2010, apply only to actions, matters or proceedings commenced after the commencement of this section. 146 Transitional provision for Civil and Criminal Jurisdiction Reform and Modernisation Amendment Act 2010—criminal jurisdiction (1) Section 61, as amended by the Civil and Criminal Jurisdiction Reform and Modernisation Amendment Act 2010, applies in relation to a charge for an offence only if an originating step for the proceeding for the charge is taken on or after the commencement of this section. (2) For subsection (1), it does not matter when the offence was committed. (3) In this section— originating step, for a proceeding, means— (a) the arrest of the defendant in the proceeding; or (b) the making of a complaint under the Justices Act 1886, section 42 in relation to the defendant in the proceeding; or (c) the serving of a notice to appear on the defendant in the proceeding under the Police Powers and Responsibilities Act 2000, section 382. 147 Transitional provision for Justice and Other Legislation Amendment Act 2010 (1) To remove any doubt, it is declared that an appointment of an associate to a judge that is in force under section 36 immediately before the section is replaced by a new section 36 under the Justice and Other Legislation Amendment Act 2010, section 32 (Replacement of s 36), is taken, from the replacement, to continue in force as if it had been made by the Chief Judge under the new section 36. (2) This section does not limit the Acts Interpretation Act 1954, section 20B. - NOTES Page Date to which amendments incorporated 76 Key 77 Table of reprints 77 Tables in earlier reprints 78 List of legislation 79 List of annotations 85 List of forms notified or published in the gazette 102 Table of renumbered provisions 102 This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 1 November 2010. Future amendments of the District Court of Queensland Act 1967 may be made in accordance with this reprint under the Reprints Act 1992, section 49. Key Explanation Key Explanation AIA = Acts Interpretation Act 1954 (prev) = previously amd = amended proc = proclamation amdt = amendment prov = provision ch = chapter pt = part def = definition pubd = published div = division R[X] = Reprint No. [X] exp = expires/expired RA = Reprints Act 1992 gaz = gazette reloc = relocated hdg = heading renum = renumbered ins = inserted rep = repealed lap = lapsed (retro) = retrospectively notfd = notified rv = revised edition num = numbered s = section o in c = order in council sch = schedule om = omitted sdiv = subdivision orig = original SIA = Statutory Instruments Act 1992 p = page SIR = Statutory Instruments Regulation 2002 para = paragraph SL = subordinate legislation prec = preceding sub = substituted pres = present unnum = unnumbered Reprint No. Amendments to Effective Reprint date 1 1993 Act No. 76 14 December 1993 25 February 1994 2 1995 Act No. 58 12 April 1996 12 April 1996 2A 1996 Act No. 4 7 June 1996 15 August 1996 2B 1996 Act No. 32 18 September 1996 13 November 1996 2C 1996 Act No. 79 28 February 1997 3 March 1997 3 1997 Act No. 38 1 August 1997 5 September 1997 3A 1997 Act No. 82 5 December 1997 5 January 1998 3B 1998 Act No. 20 5 December 1997 14 May 1998 3C 1999 Act No. 66 1 July 1999 17 December 1999 4 1999 Act No. 66 1 March 2000 1 March 2000 4A 2000 Act No. 16 1 July 2000 7 July 2000 4B 2000 Act No. 46 25 October 2000 8 November 2000 4C 2001 Act No. 81 1 July 2001 1 February 2002 4D 2001 Act No. 81 28 February 2002 8 March 2002 Reprint No. Amendments to Effective Reprint date 4E 2002 Act No. 23 6 June 2002 20 June 2002 Reprint No. Amendments included Effective Notes 4F 2002 Act No. 23 19 July 2002 4G 2002 Act No. 34 16 August 2002 4H 2003 Act No. 13 1 May 2003 4I 2003 Act No. 19 9 May 2003 1992 Act No. 44 (amd 4J rv 2002 Act No. 39) 2002 1 July 2003 R4J rv withdrawn, see R5 Act No. 39 5 — 1 July 2003 5A 2003 Act No. 77 8 December 2003 5B 2004 Act No. 11 1 July 2004 5C 2004 Act No. 8 6 August 2004 5D 2004 Act No. 43 3 December 2004 5E 2006 Act No. 29 28 August 2006 R5E withdrawn, see R6 6 — 28 August 2006 6A 2007 Act No. 24 1 July 2007 6B 2007 Act No. 37 28 September 2007 6C 2008 Act No. 40 11 June 2008 6D 2008 Act No. 59 25 November 2008 6E 2008 Act No. 55 1 December 2008 R6E withdrawn, see R7 7 — 1 December 2008 7A 2009 Act No. 34 29 March 2010 7B 2010 Act No. 26 1 September 2010 7C 2010 Act No. 39 20 September 2010 7D 2010 Act No. 42 14 October 2010 7E 2010 Act No. 26 1 November 2010 R7E withdrawn, see R8 8 — 1 November 2010 Name of table Reprint No. Changed citations and remade laws 2 Changed names and titles 2 Changed titles 1 Comparative legislation 1 Corrected minor errors 1, 2 Obsolete and redundant provisions 2 Renumbered provisions 1, 2 (The following information about forms is taken from the gazette and is included for information purposes only. Because failure by a department to notify or publish a form in the gazette does not invalidate the form, you should check with the relevant government department for the latest information about forms (see Statutory Instruments Act, section 58(8)).) See forms published gazette 4 August 2000 pp 1217–8 and notified under the Supreme Court of Queensland Act 1991. Previous Renumbered as 1A 2 4 3 5 4 5A 5 6A 7 11A 12 12 13 12A 14 13 15 14 16 16 17 17 18 18 19 19 20 19A 21 20 22 21 23 22 24 23 25 24 26 25 27 27 28 28 29 29 30 30 31 31 32 31A 33 32 34 33 35 34 36 35 37 36 38 37 39 38 40 39 41 40 42 41 43 42 44 43 45 44 46 45 47 46 48 47 49 48 50 49 51 51 52 52 53 53 54 54 55 55 56 55A 57 56 58 57 59 58 60 59 61 60 62 61 63 62 64 63 65 64 66 65 67 66 68 67 69 68 70 73 72 74 73 74A 74 77(1A) 77(2) 77(2) 77(3) 77(3) 77(4) 77(4) 77(5) 77(5) 77(6) 78(1A) 78(2) 78(2) 78(3) 78(3) 78(4) 78(4) 78(5) 78(5) 78(6) 83 82 83(1A) 82(2) 83A 83 86(2A) 86(3) 86(3) 86(4) 86(4) 86(5) 91 88 pt 6A pt 7 91A 89 91B 90 91C 91 91D 92 91E 93 91F 94 91G 95 91H 96 91I 97 91J 98 91K 99 91L 100 91M 101 91N 102 91O 103 91P 104 91Q 105 91R 106 91S 107 91T 108 91U 109 91V 110 pt 6B pt 8 95 111 96 112 4 113 5 114 6 115 7 116 7(1A) 116(2) 7(2) 116(3) 8 117 pt 7 pt 9 92 118 92(2A) 118(3) 92(3) 118(4) 93 119 94 120 94A 121 95A 122 pt 8 pt 10 97 123 98 124 100 125 pt 9 pt 11 101 126 102 127 103 128 105 129 107 130 108 131 pt 10 pt 12 109 132 109A 133 109B 134 110 135 111 136 >