MAGISTRATES COURTS ACT 1921 Reprinted as in force on 1 November 2010 Reprint No. 6 > TABLE OF PROVISIONS Contents Part 1--Preliminary 1. Short title 2. Definitions 3. Registrars 3A. Principal clerk of courts is principal registrar Part 2--Jurisdiction 4. Jurisdiction of Magistrates Courts 4AA. Proceeding commenced in central registry 4A. Consent jurisdiction 5. Abandonment of excess etc. 5A. Proceeding started in wrong court 6. Splitting debt by giving bills etc. 7. Title to land etc. 8. Infants 9. Executors etc. 10. Corporations 11. Plaint when equitable claim Part 3--Magistrates Court 14. Magistrates Courts to be courts of record 15. In what Magistrates Courts actions to be brought 16. Constitution of Magistrates Courts 17. Officers of Magistrates Court Part 4--Practice and procedure 18. Appearance to be in person or by lawyer, or other person allowed by the court 19. Laws of evidence 20. Evidence Part 5--ADR processes Division 1--Preliminary 21. Objects of part 21A. Application of pt 5 Division 2--Important terms 22. ADR process 23. Mediation 24. Case appraisal Division 3--Establishment of ADR processes 28. Parties may agree to ADR process 29. Court may consider and order reference to ADR process 30. Parties must attend at ADR process if Magistrates Court orders 31. Procedure at case appraisal 32. Subpoenas Division 4--Party unable to pay share of costs 33. Party unable to pay share of costs Division 5--What to do when ADR process is finished 34. Mediated resolution agreement 35. Mediator to file certificate 36. Case appraiser to file certificate and decision 37. Orders giving effect to mediation agreement 38. Orders giving effect to case appraiser's decision Division 6--Confidentiality, protection and immunity 39. ADR convenors to maintain secrecy 40. Ordinary protection and immunity allowed 41. Admissions made to ADR convenors Part 5A--Processes for employment claims Division 1--Preliminary 42A. Object of pt 5A 42B. Application of pt 5A 42C. Decision of Magistrates Court about whether claim is an employment claim Division 2--Conciliation of disputes Subdivision 1--What is conciliation 42D. Meaning of conciliation process 42E. Functions of conciliator Subdivision 2--Starting conciliation process 42F. Registrar must appoint conciliator 42G. Requirement for conciliator to start conciliation process Subdivision 3--Conduct of conciliation process 42H. Attendance at and participation in conciliation process 42I. Procedure for conciliation process 42J. Limited right to representation 42K. No fee or costs payable to conciliator by parties Subdivision 4--Procedure for finishing conciliation process 42L. Conciliator to file certificate 42M. Conciliation agreements 42N. Orders giving effect to conciliation agreement Subdivision 5--Confidentiality, protection and immunity 42O. Conciliators to maintain secrecy 42P. Ordinary protection and immunity allowed 42Q. Admission made in conciliation process 42R. No official record of conciliation process Subdivision 6--Approval of conciliators 42S. Approval of members of industrial relations commission 42T. Approval of other persons by Chief Magistrate 42U. Revocation of approval 42V. Appeal against refusal to approve as, or revocation of approval of, conciliator 42W. Payment of conciliators 42X. Conciliation register Division 3--Special provisions for proceedings heard in Magistrates Court 42Z. Application of div 3 42ZA. Representation of parties 42ZB. No inference may be drawn from failure to settle 42ZC. Limitation on awarding of costs Part 6--Judgments, new trials, appeals and related matters 43. Judgments to be final 44. New trial 45. Appeal 45A. Limitation on appeal if simplified procedures apply 46. Special case stated 47. Jurisdiction of the District Court Part 7--Miscellaneous 50. Contempt 51. Transferred proceeding 53. Action against officers 54. Court fees 55. Fees and fines to be paid to consolidated fund 56. Fines, how to be enforced 57. Procedure of court 57A. Annual report 58. Regulation-making power Part 9--Validations, savings and transitional 59. References to Small Debts Court 60. Transitional provision for Civil and Criminal Jurisdiction Reform and Modernisation Amendment Act 2010 Endnotes - LONG TITLE An Act to amend the laws relating to the jurisdiction of magistrates and justices of the peace in civil matters 1 Short title This Act may be cited as the Magistrates Courts Act 1921. 2 Definitions In this Act— action includes an action and proceedings in replevin or interpleader and garnishee proceedings. 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 22. case appraisal see section 24. case appraiser means a person appointed as a case appraiser under a referring order. conciliation process see section 42D. conciliator means a person approved as a conciliator under section 42S or 42T. dispute means— (a) for part 5A—a dispute that is the subject of an employment claim; or (b) otherwise— (i) a dispute in an action; or (ii) 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 appointed under the Justices Act 1886 for the purposes of a Magistrates Court. employment claim see section 42B. lawyer means an Australian lawyer who, under the Legal Profession Act 2007, may engage in legal practice in this State. mediation see section 23. mediator means a person appointed as a mediator under a referring order. party means a party to a dispute. prescribed limit means $150000. referring court, for a conciliation process, means the Magistrates Court the registrar of which appointed a conciliator for the dispute. referring court, of a mediation or case appraisal, means the Magistrates Court that referred the action to mediation or case appraisal. referring order means an order made under section 29 referring a dispute to an ADR process. relevant organisation, for a person, means an organisation or federal organisation within the meaning of the Industrial Relations Act 1999, section 409, of which the person is a member or is eligible to become a member. rules means the Uniform Civil Procedure Rules 1999. 3 Registrars A clerk of the court under the Justices Act 1886 is the registrar of each Magistrates Court held at each place for which the clerk is appointed. 3A Principal clerk of courts is principal registrar (1) There is to be a principal registrar of Magistrates Courts. (2) The principal clerk of courts appointed under the Justices Act 1886, section 22D also holds appointment as the principal registrar of Magistrates Courts. (3) The principal registrar of Magistrates Courts may— (a) discharge the powers and functions of each registrar mentioned in section 3; and (b) give directions to each registrar mentioned in section 3, and to any other officer employed in a registry of a Magistrates Court, about the discharge of the functions of the registrar or other officer. 4 Jurisdiction of Magistrates Courts Subject to this Act— (a) every personal action in which the amount claimed is not more than the prescribed limit, whether on a balance of account or after an admitted set off or otherwise; and (b) every action brought to recover a sum of not more than the prescribed limit, which is the whole or part of the unliquidated balance of a partnership account, or the amount or part of the amount of the distributive share under an intestacy or of a legacy under a will; and (c) every action in which a person has an equitable claim or demand against another person in respect of which the only relief sought is the recovery of a sum of money or of damages, whether liquidated or unliquidated, and the amount claimed is not more than the prescribed limit; may be commenced in a Magistrates Court, and all Magistrates Courts shall within their respective districts have power and authority to hear and determine in a summary way all such actions. 4AA Proceeding commenced in central registry (1) Despite section 4, if under the rules a proceeding that may be started in a Magistrates Court is started in a registry for a Magistrates Court that is a central registry, that Magistrates Court has jurisdiction for the proceeding. (2) Subsection (1) does not prevent the proceeding being transferred to another Magistrates Court under the rules. Examples— Rule 40 (Change of venue by court order) of the rules allows a proceeding to be sent for trial to, or to be dealt with by, another court if the first court is satisfied the proceeding can be more conveniently or fairly heard or dealt with in the other court. Rule 41 (Change of venue by agreement) of the rules allows the court to transfer a proceeding on the agreement of the parties. 4A Consent jurisdiction (1) If the parties to a proceeding in relation to an amount for which the Supreme Court or District Court has jurisdiction agree that a Magistrates Court may have jurisdiction in relation to the amount, the Magistrates Court has jurisdiction for the proceeding. (2) The agreement must— (a) be written; and (b) be signed by each of the parties or their lawyers; and (c) include a statement that the parties know that the proceeding is not otherwise within the jurisdiction of a Magistrates Court; and (d) be filed in accordance with the rules. 5 Abandonment of excess etc. A Magistrates Court shall have jurisdiction in a personal action if the original claim is reduced to the prescribed limit, or less, by payment, abandonment of excess, or otherwise, or by deducting any sum for which the plaintiff gives the defendant credit upon the plaint being entered. 5A Proceeding started in wrong court (1) This section applies if a Magistrates Court considers the court does not have jurisdiction to hear and decide a proceeding started in the court. (2) If the Magistrates Court considers the District Court has jurisdiction to hear the proceeding, the Magistrates Court may, by order, transfer the proceeding to the District Court. (3) If subsection (2) does not apply and the Magistrates Court considers the Supreme Court has jurisdiction to hear the proceeding, the Magistrates Court may, by order, transfer the proceeding to the Supreme Court. (4) If the Magistrates 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 Magistrates Court does not have jurisdiction and the matter may not be transferred under subsection (2) or (3) 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. 6 Splitting debt by giving bills etc. 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 prescribed limit, the plaintiff may sue separately upon each of the securities not exceeding the prescribed limit as forming a distinct cause of action. 7 Title to land etc. (1) Except as by this Act provided, a Magistrates Court shall not have jurisdiction to try any case in which the title to land, or the validity of a devise, bequest, or limitation under a will or settlement, is in question. (2) If the title to land incidentally comes in question in an action, the court shall have power to decide the claim which it is the immediate object of the action to enforce, but the judgment of the court shall not be evidence of title between the parties or their privies in another action in that court or in any proceedings in any other court. 8 Infants Any person under the age of 18 years to whom any wages or any other sum whatsoever, whether liquidated or unliquidated, not exceeding the amount in respect of which a Magistrates Court has jurisdiction, is due may sue for and recover such sum in the court in the same manner as if the person were of full age. 9 Executors etc. (1) Executors and administrators may sue and are liable to be sued in a Magistrates Court. (2) 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 sue out execution in his or her own name in the same way that the plaintiff, if living, might have done. 10 Corporations Corporations and joint stock companies which have an office or place of business at which they carry on business in Queensland shall be amenable to the jurisdiction of Magistrates Courts. 11 Plaint when equitable claim In an action in which a plaintiff seeks to enforce an equitable claim under this Act, the plaint or so much of it as relates to the equitable claim shall express that the plaintiff is suing upon equitable grounds. 14 Magistrates Courts to be courts of record (1) Each Magistrates Court shall be a court of record, and the judgment thereof may be set up as a defence in any action brought in any court of law in Queensland. (2) The entry of the judgment on the cause list of a Magistrates Court shall be deemed to be a record of such judgment. 15 In what Magistrates Courts actions to be brought The districts and Magistrates Courts respectively in which proceedings may be brought and heard and determined shall be as prescribed by rules of court. 16 Constitution of Magistrates Courts Every action within the jurisdiction of a Magistrates Court for hearing and determination shall be heard and determined by a magistrate sitting alone provided that, where the rules permit, an action may be heard and determined by a registrar, not being a police officer, who shall, subject to and in accordance with the rules, have the jurisdiction and powers a magistrate has for the purpose. 17 Officers of Magistrates Court (1) A Magistrates Court shall from time to time appoint a bailiff or bailiffs for the service and execution of the process, judgments, and orders authorised by this Act. (2) Such bailiff or bailiffs shall receive to their own use the prescribed fees. (3) A bailiff may appoint an appropriate person in writing to assist the bailiff. (4) The bailiff is responsible for the civil acts and defaults of the assistant in the discharge or purported discharge of the assistant's duties as assistant. 18 Appearance to be in person or by lawyer, or other person allowed by the court (1) Subject to the rules and the orders of the court for the orderly transaction of business, a party to an action or a lawyer retained by or on behalf of any party, or any person allowed by special leave of the court, may appear to address a Magistrates Court and examine and cross-examine the witnesses. (2) But a person not being a lawyer is not entitled to receive 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 court. 19 Laws of evidence The laws of evidence that apply in the Supreme Court apply in the trial of all questions of fact in the court. 20 Evidence (1) In any legal proceedings whatsoever the books of a Magistrates Court and any entries therein, or copies of the said books or entries, under the seal of the court and purporting to be signed and certified by the registrar, shall, upon production and on proof of the identity of the parties concerned, be evidence of the contents of the books or of the judgments or other entries, and of the proceedings referred to in them, and of the regularity of the proceedings. (2) All process of a Magistrates Court purporting to be sealed shall be received in evidence without further proof thereof. 21 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 a Magistrates Court. 21A Application of pt 5 This part does not apply to a dispute that is the subject of an employment claim. 22 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. 23 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. 24 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) a Magistrates Court, by order, gives effect to the decision. 28 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. 29 Court may consider and order reference to ADR process (1) A Magistrates 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 a Magistrates Court for an order referring a dispute to an ADR process; or (b) the parties are otherwise before a Magistrates 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. 30 Parties must attend at ADR process if Magistrates 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, a Magistrates 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. 31 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) A Magistrates Court may, at any time, give directions about procedure to be used at the case appraisal. (4) This section is subject to section 32. 32 Subpoenas (1) A person may be subpoenaed to appear at a case appraisal only by order of a Magistrates 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 a Magistrates Court. 33 Party unable to pay share of costs (1) If, at any time, a Magistrates 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. 34 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. 35 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. 36 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). 37 Orders giving effect to mediation agreement (1) A party may apply to a Magistrates 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. 38 Orders giving effect to case appraiser's decision (1) A party may apply to a Magistrates 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. 39 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. 40 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 magistrate performing the functions of a magistrate. (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 a Magistrates Court. (3) A witness attending in an ADR dispute has the same protection and immunity as a witness attending before a Magistrates 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 a Magistrates Court. (5) In subsection (2)— party includes a party's lawyer or agent. 41 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 before another civil proceeding in a Magistrates Court or elsewhere only if all the 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. 42A Object of pt 5A (1) The object of this part is to reduce the cost of proceedings brought in a Magistrates Court by low income employees against employers for breaches of contracts of employment. (2) The object is achieved by— (a) prescribing, under section 54, lower court fees for the proceedings; and (b) providing for awards of costs in limited circumstances; and (c) allowing parties to be represented, without leave, by relevant organisations; and (d) providing for compulsory conciliation before the hearing of the proceedings. 42B Application of pt 5A (1) This part applies to a claim (an employment claim)— (a) made in a proceeding started under this part by a person— (i) who is or was an employee of an employer; and (ii) whose annual wages at the time the breach of contract mentioned in paragraph (b) happened are not more than— (A) if a regulation states an amount, or provides a way for working out an amount, for this subparagraph—that amount; or (B) otherwise—$98200; and (b) arising out of a breach of a contract of employment between the employee and employer. (2) However, a claim is not an employment claim if the cause of action to which the claim relates is within the jurisdiction of the industrial relations commission. (3) Subsection (4) applies if a person making an employment claim also makes a claim for relief or the imposition of a penalty under the Workplace Relations Act 1996 (Cwlth) or the Fair Work Act 2009 (Cwlth) in relation to the same employer. (4) This part applies to the person's claim under the Workplace Relations Act 1996 (Cwlth) or the Fair Work Act 2009 (Cwlth) as if it were an employment claim. 42C Decision of Magistrates Court about whether claim is an employment claim (1) In a proceeding started under this part in a Magistrates Court, the court may, on the application of a party to the proceeding, decide whether the claim made in the proceeding is or is not an employment claim. (2) Subsection (3) applies if— (a) a Magistrates Court decides a claim is not an employment claim because of section 42B(2); and (b) the plaintiff discontinues or withdraws the proceeding in the Magistrates Court; and (c) the plaintiff later starts a proceeding based on the claim in the industrial relations commission. (3) For the Industrial Relations Act 1999— (a) if there is a time limit under that Act for starting the proceeding mentioned in subsection (2)(c), the period starting on the day the proceeding was started in the Magistrates Court and ending on the day the court's decision is made must be disregarded; and (b) any conciliation of the dispute under this part is taken to be conciliation of the dispute by the industrial relations commission. 42D Meaning of conciliation process (1) A conciliation process is a process of conciliation under which the parties to a dispute are helped and encouraged by a conciliator to resolve the dispute. (2) In subdivision 5, a conciliation process includes all the steps involved in the process of conciliation, including, for example, each of the following— (a) telephone conferencing; (b) joint sessions; (c) private sessions. 42E Functions of conciliator The functions of a conciliator include each of the following— (a) encouraging the settlement of a dispute by arranging, and helping to conduct, negotiations between the parties; (b) promoting the open exchange by the parties of information relevant to the dispute; (c) giving the parties information about the operation of this Act and other laws relevant to the settlement of the dispute; Example of other laws that may be relevant— Uniform Civil Procedure Rules 1999 (d) informing the parties about the conciliator's assessment of the merits of the employment claim and the possible consequences if the claim is heard by a Magistrates Court, including the orders that may be made by the court; (e) helping in the settlement of the dispute in any other appropriate way. 42F Registrar must appoint conciliator The registrar of a Magistrates Court in which an employment claim is filed must, as soon as practicable— (a) appoint a conciliator for the dispute; and (b) ensure the parties are notified of the name and contact details of the conciliator appointed for the dispute. 42G Requirement for conciliator to start conciliation process A conciliator appointed for a dispute must start conciliating the dispute as soon as practicable after being appointed. 42H Attendance at and participation in conciliation process (1) A conciliator may, by written notice, require the parties to a dispute to participate in a conciliation process in a particular way. Examples of ways of participating in a conciliation process— attending before the conciliator at a stated time and place to participate in the conciliation process participating in a telephone conference (2) The parties must comply with a requirement made by the conciliator under subsection (1). (3) If a party does not comply with a requirement made by the conciliator under subsection (1), a Magistrates Court may, subject to this part, impose sanctions against the party, including, for example, by ordering that any claim for relief by the defaulting party is stayed until further order. 42I Procedure for conciliation process (1) For a conciliation process, the conciliator— (a) must decide the procedure to be used; and (b) may adopt any procedure that will, in the conciliator's opinion, enable the conciliator to perform the conciliator's functions. Example of a procedure that may be used— a conciliation conference (2) A Magistrates Court may, at any time of its own initiative or on the application of a party or the conciliator, give directions about the procedure to be used for a conciliation process. 42J Limited right to representation (1) For a conciliation process, a party may be represented by a relevant organisation. (2) Also, a party may be represented by a person other than a relevant organisation if— (a) either— (i) the other party agrees to the party being represented by the person; or (ii) the conciliator is satisfied the party should be permitted to be represented by the person; and (b) the person is appointed as the party's representative in writing. 42K No fee or costs payable to conciliator by parties The parties are not liable to pay any fee or costs for a conciliation process to the conciliator. 42L Conciliator to file certificate (1) As soon as practicable after a conciliation process is finished, the conciliator must file with the registrar of the referring court a certificate about the conciliation process in the form prescribed under the rules. (2) A Magistrates Court must not hear and decide a dispute that is not entirely or partly resolved during the conciliation process unless the conciliator has filed a certificate about the conciliation process under subsection (1). (3) Subsection (2) does not stop the court making a decision under section 42C. 42M Conciliation agreements (1) This section applies if, in a conciliation process, the parties agree on a resolution of all or part of the dispute. (2) The agreement must be written down and signed by or for each party and by the conciliator. (3) The agreement has the same effect as any other compromise. 42N Orders giving effect to conciliation agreement (1) A party may apply to a Magistrates Court for an order giving effect to an agreement reached in a conciliation process. (2) However, a party may apply for the order only after the conciliator's certificate about the conciliation process is filed with the registrar of the referring court. (3) The court may make any order giving effect to an agreement reached in a conciliation process the court considers appropriate in the circumstances. 42O Conciliators to maintain secrecy (1) A conciliator must not, without reasonable excuse, disclose information coming to the conciliator's knowledge during a conciliation 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 parties to the dispute; 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 conciliation process; or (e) for a proceeding founded on fraud alleged to be connected with, or to have happened during, the conciliation process; or (f) under a requirement imposed under this or another Act. 42P Ordinary protection and immunity allowed (1) A conciliator has, in performing the conciliator's functions, the same protection and immunity as a magistrate performing the functions of a magistrate. (2) A person who is a party, or a party's representative, participating in the conciliation process for a dispute has the same protection and immunity the person would have if the dispute were being heard before a Magistrates Court. (3) A document produced during, or used for, a conciliation process has the same protection during the process it would have if produced before a Magistrates Court. 42Q Admission made in conciliation process (1) Evidence of anything done or said, or an admission made, during the conciliation process for a dispute is admissible at the trial of the dispute or in another civil proceeding in a Magistrates Court or elsewhere only if all the 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 conciliation process. 42R No official record of conciliation process (1) A person must not make an official record of anything said for the purposes of a conciliation process. Maximum penalty—20 penalty units. (2) A conciliator does not commit an offence against subsection (1) merely by making notes of the conciliation process or complying with section 42L(1). 42S Approval of members of industrial relations commission (1) A person who is a member of the industrial relations commission is approved as a conciliator. (2) In this section— member, of the industrial relations commission, does not include the president of the commission. 42T Approval of other persons by Chief Magistrate The Chief Magistrate may approve, or refuse to approve, a person as a conciliator. 42U Revocation of approval (1) The Chief Magistrate may revoke the approval under section 42T of a person as a conciliator. (2) The Chief Magistrate must give the person a statement of reasons for the revocation. 42V Appeal against refusal to approve as, or revocation of approval of, conciliator An appeal lies to the District Court against— (a) a refusal to approve a person as a conciliator under section 42T; or (b) the revocation of approval of a person as a conciliator under section 42U. 42W Payment of conciliators A person approved as a conciliator under section 42T is entitled to be paid the fees prescribed under a regulation. 42X Conciliation register (1) A registrar of a Magistrates Court nominated by the Chief Magistrate for the purpose must keep a register of information about conciliation processes. (2) The register may be kept in the form, whether or not in a documentary form, the registrar considers appropriate. (3) Without limiting subsection (2), the registrar may change the form in which all or part of the register is kept. (4) The register must contain each of the following— (a) the name and contact details of each conciliator; (b) other information prescribed under the rules; (c) other information decided by the Chief Magistrate. 42Z Application of div 3 This division applies to a proceeding heard in a Magistrates Court involving an employment claim. 42ZA Representation of parties (1) A relevant organisation may appear for a party to the proceeding without special leave of the court. (2) This section applies despite section 18. 42ZB No inference may be drawn from failure to settle No inference may be drawn against a party to the proceeding because of the failure to resolve all or part of the dispute during a conciliation process. 42ZC Limitation on awarding of costs (1) The court may order a party to the proceeding (the paying party) to pay the costs of another party to the proceeding, including costs incurred for a conciliation process, only if the court is satisfied— (a) if the paying party is the plaintiff—the employment claim is frivolous or vexatious or is an abuse of the process of the court; or (b) an unreasonable act or omission of the paying party connected with the conduct of the proceeding caused the other party to incur costs. (2) This section applies despite any other provision in this or another Act. 43 Judgments to be final (1) Subject to this Act, all judgments and orders made by a Magistrates Court shall be final and conclusive. (2) Except as provided by this Act, or by or pursuant to any other Act now in force or hereafter to be passed, a judgment given by a Magistrates Court, or an action brought before it or depending therein, shall not be removed by appeal, motion, writ of error or certiorari, or otherwise into any other court. 44 New trial (1) Subject to this Act, any party dissatisfied with any decision of a Magistrates Court may, at any time within 7 clear days from such decision, apply to the court for a new trial. (2) The court may grant the same upon such terms as to costs or otherwise as it thinks fit, or, in its discretion, may refuse the same with or without reasonable costs. 45 Appeal (1) Subject to this Act, any party who is dissatisfied with the judgment or order of a Magistrates Court— (a) in an action in which the amount involved is more than the minor civil dispute limit; or (b) in an action for the recovery of possession of land if— (i) the value of the land is more than the minor civil dispute limit; or (ii) the annual rental of the land is more than the minor civil dispute limit; or (c) in proceedings in interpleader in which the amount claimed or the value of the goods in question is more than the minor civil dispute limit; or (d) in a proceeding under the Property Law Act 1974, part 19, division 4, subdivision 1; may appeal to the District Court as prescribed by the rules. (2) Provided that— (a) where in any of the cases above referred to in subsection (1) the amount is not more than the minor civil dispute limit, an appeal shall lie by leave of the District Court or a District Court judge, who shall not grant such leave to appeal unless the court or judge is satisfied that some important principle of law or justice is involved; (b) an appeal shall not lie from the decision of the Magistrates Court if, before the decision is pronounced, both parties agree, in writing signed by themselves or their lawyers or agents, that the decision of the court shall be final. (3) Within the time and in the way prescribed by the rules, the appellant must give to the other party or the other party's lawyer notice of the appeal, briefly stating the grounds of the appeal. (4) Notice of appeal shall not operate as a stay of execution upon the judgment, but the execution may proceed unless the magistrate or a District Court judge otherwise orders. (5) In this section— minor civil dispute limit means the amount that is, for the time being, the prescribed amount under the Queensland Civil and Administrative Tribunal Act 2009. 45A Limitation on appeal if simplified procedures apply If the parties agree in writing, no appeal lies from a judgment in a proceeding to which any of the simplified procedures prescribed by the rules apply. 46 Special case stated A Magistrates Court may state in the form of a special case for the opinion of the District Court any question of law arising in any case. 47 Jurisdiction of the District Court On the hearing of an appeal or special case, the District Court may do any of the following— (a) draw inferences of fact from facts found by the Magistrates Court, or from admitted facts or facts not disputed; (b) order a new trial on such terms as it thinks just; (c) order judgment to be entered for any party; (d) make any other order, on such terms as it thinks proper, to ensure the determination on the merits of the real questions in controversy between the parties; (e) as regards any special case, remit the matter to the Magistrates Court with the opinion of the District Court thereon; (f) make such order with respect to the costs of the appeal or special case as it thinks proper. 50 Contempt (1) A person is in contempt of a Magistrates 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 magistrate 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 contempt under subsection (1) must be dealt with in the way prescribed under the rules. (3) However— (a) a contempt mentioned in subsection (1)(a) may be punished by a maximum penalty of 200 penalty units or 3 years imprisonment; and (b) a contempt mentioned in subsection (1)(b) to (f) may be punished by a maximum penalty of 84 penalty units or 1 year's imprisonment. (4) Without limiting the court's power to punish for contempt, the court may order a person committing a contempt to be excluded from the room or other place in which the court is sitting. (5) A bailiff or other court officer acting under the court's order may, using necessary and reasonable help and force, take the person into custody and detain the person until the court rises. (6) 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. (7) If the court acts under subsection (6)(a), the court may deal with the person immediately. 51 Transferred proceeding A court to which a proceeding is transferred has jurisdiction to hear and decide the proceeding and enforce any decision given in the proceeding as if the proceeding had been started in the court. 53 Action against officers If an action is brought against a person for anything done under a warrant or judgment or a certified copy thereof issued or made under this Act, the production of the warrant or judgment or a certified copy thereof under the seal of a Magistrates Court shall be sufficient proof of the authority of the court, and such person is hereby indemnified for whatsoever is done by the person in obedience thereto. 54 Court fees There shall be payable in respect of every proceeding in a Magistrates Court the prescribed fees. 55 Fees and fines to be paid to consolidated fund All fees payable in respect of any proceedings to the registrar, except such part of them as the bailiff is entitled to receive and retain for the bailiff's own use under this Act, and all fines imposed under this Act and received by the registrar, shall be paid into the consolidated fund. 56 Fines, how to be enforced Payment of any fine imposed by a Magistrates Court under the authority of this Act may be enforced upon the order of the court in like manner as payment of any debt adjudged in the court. 57 Procedure of court The procedure for appeal to a Magistrates Court is, in the absence of relevant rules, as directed by a magistrate. 57A 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 Magistrate must prepare and give to the Minister a written report about the operation of Magistrates Courts 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. 58 Regulation-making power The Governor in Council may make regulations under this Act. 59 References to Small Debts Court A reference in another Act to a Small Debts Court is a reference to a Magistrates Court. 60 Transitional provision for Civil and Criminal Jurisdiction Reform and Modernisation Amendment Act 2010 Sections 4, 4AA, 5, 6 and 45, as amended or inserted by the Civil and Criminal Jurisdiction Reform and Modernisation Amendment Act 2010, apply only to actions or proceedings commenced after the commencement of this section. - NOTES Page Date to which amendments incorporated 39 Key 40 Table of reprints 40 Tables in earlier reprints 41 List of legislation 41 List of annotations 45 Table of renumbered provisions 55 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 Magistrates Courts Act 1921 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. 39 1 November 1993 12 November 1993 2 1995 Act No. 58 12 April 1996 12 April 1996 2A 1996 Act No. 79 28 February 1997 3 March 1997 2B 1997 Act No. 38 1 August 1997 8 August 1997 2C 1999 Act No. 19 1 July 1999 1 October 1999 2D 1999 Act No. 89 21 December 1999 11 February 2000 3 1999 Act No. 89 1 March 2000 7 April 2000 3A 2000 Act No. 46 25 October 2000 7 November 2000 3B 2000 Act No. 58 17 November 2000 22 November 2000 3C 2001 Act No. 45 15 July 2001 14 September 2001 Reprint No. Amendments included Effective Notes 3D 2002 Act No. 34 16 August 2002 Reprint No. Amendments included Effective Notes 3E 2004 Act No. 11 1 July 2004 R3E withdrawn, see R4 4 — 1 July 2004 4A 2007 Act No. 24 1 July 2007 4B 2007 Act No. 55 9 November 2007 4C 2007 Act No. 23 (amd 2007 1 January 2008 R4C withdrawn, see R5 Act No. 55) 5 — 1 January 2008 5A 2009 Act No. 24 1 December 2009 5B 2009 Act No. 49 10 December 2009 5C 2010 Act No. 26 1 September 2010 5D 2010 Act No. 42 14 October 2010 5E 2010 Act No. 26 1 November 2010 R5E withdrawn, see R6 6 — 1 November 2010 Name of table Reprint No. Obsolete and redundant provisions 2 Renumbered provisions 1, 2 Previous Renumbered as 4A 5 4B 6 4C 7 4D 8 4E 9 4F 10 4G 11 4H 12 4I 13 5 14 6 15 7 16 8 17 9 18 10 19 10A 20 10B 21 10C 22 10D 23 10E 24 10F 25 10G 26 10H 27 10I 28 10J 29 10K 30 10L 31 10M 32 10N 33 10O 34 10P 35 10Q 36 10R 37 10S 38 10T 39 10U 40 10V 41 10W 42 11 43 11AA 44 11AB 45 11AC 46 11AD 47 11AE 48 11AF 49 11A 50 11B 51 11C 52 12 53 13 54 13A 55 13B 56 13C 57 14 58 15 59 16 60 >