District Court of Queensland

Last updated

District Court of Queensland
Coat of Arms of Queensland.svg
Cairns Court House, 2015.jpg
Cairns Courthouse, a permanent location for the District Court
Established1866–1921; 1958
JurisdictionFlag of Queensland.svg  Queensland
Location Queen Elizabeth II Courts of Law in Brisbane; Beenleigh; Cairns; Ipswich; Maroochydore; Rockhampton; Southport, Townsville
Composition method Vice-regal appointment upon nomination by the Premier following the advice of the Attorney-General and Cabinet
Authorized by Queensland Parliament via the: District Court Act 1967 (QLD)
Appeals to Supreme Court of Queensland
Appeals from Magistrates Court of Queensland
Judge term lengthmandatory retirement by age of 70
Number of positions39
Website www.courts.qld.gov.au
Chief Judge
CurrentlyBrian Devereaux SC
Since17 August 2020 (2020-08-17)

The District Court of Queensland(QDC) is the second tier in the court hierarchy of Queensland, Australia. [1] The Court deals with serious criminal offences such as rape, armed robbery and fraud. Juries are used to decide if defendants are guilty or not guilty.

Contents

The original court was established in 1866 to ease the workload of the Supreme Court of Queensland. However, in 1921 the Queensland Parliament decided District Courts were no longer necessary and the courts were abolished. They were re-established by Parliament in 1958, again to relieve the workload in the Supreme Court. The present court is constituted under the District Court of Queensland Act 1967 (Qld). [2] That Act amalgamated the previous District Court in existence prior to 1967 into the new District Court.

The District Court sits in 32 locations across Queensland. Judges also travel throughout the state to hear matters in regional and remote areas.

Decisions made by the District Court may be heard on appeal to the Supreme Court; and the District Court may sit as an appellate court for decisions made in the Magistrates Court of Queensland. [1] The unreported judgments of the District Courts is published on the Queensland Judgments website.

Jurisdiction

Civil

The District Court has jurisdiction to hear civil matters for which the amount in dispute is less than or equal to $750,000, and more than $150,000. [1] Civil disputes in which the amount in dispute is more than $750,000 are heard by the Supreme Court, while those in which the amount is $150,000 or less are heard by either the Magistrates Court or the Queensland Civil and Administrative Tribunal. [1] District Court civil decisions are published on the Queensland Judgments website.

Criminal

The District Court has the jurisdiction to hear criminal matters in which the defendant has been charged with a serious indictable offence (such as armed robbery, rape, and dangerous driving). [1] These trials require a jury. District Court criminal decisions are published on the Queensland Judgments website.

Composition

Chief Judge of the District Court

NameDate appointedTerm in officeNotes
Chief Judge Brian G Devereaux SC17 August 20202 years, 237 days [3]

Judges of the District Court

The District Court operates permanent courts in Brisbane, located in the Queen Elizabeth II Courts of Law building on George Street, Brisbane CBD; and Cairns, Ipswich, Maroochydore, Rockhampton, Southport, Townsville, and sits in regional areas as required. [1] [4] In Brisbane, the District Court shares the location with the Supreme Court.

As of April 2021, the judges who sat at the District Court, together with their location, were: [3]

NameLocationDate appointedTerm in officeComments
Judge John Allen QC Brisbane17 December 20184 years, 115 daysDeputy President, Queensland Civil and Administrative Tribunal
Judge Ken Barlow QC Brisbane18 June 20193 years, 297 days
Judge Michael J. F. BurnettRockhampton3 November 20148 years, 159 days
Judge Michael Byrne QC Brisbane20 January 20203 years, 81 days
Judge Glen Cash QC Maroochydore2 July 20184 years, 283 days
Judge Craig ChowdhuryBeenleigh13 May 20166 years, 333 days
Judge Leanne Clare SC Brisbane2 April 200815 years, 9 days
Judge Jeffrey ClarkeRockhampton31 August 20202 years, 223 days
Judge John CokerTownsville8 March 20185 years, 34 days
Judge Geraldine DannSouthport7 September 20202 years, 216 days
Judge Ian DeardenBrisbane28 February 200518 years, 42 days
Justice Julie M. Dick SC Brisbane14 December 200022 years, 118 days
Judge William G. EversonBrisbane2 April 200815 years, 9 days
Judge Tracy Fantin QC Brisbane16 October 20175 years, 177 days
Judge Brad Farr SC Brisbane11 August 201111 years, 243 days
Judge Terry GardinerBrisbane8 July 20193 years, 277 daysAlso Chief Magistrate
Judge Alexander Horneman-Wren SC Ipswich20 October 201210 years, 173 days
Judge Rowan Jackson QC Southport31 August 20202 years, 223 days
Judge Nathan JarroBrisbane26 March 20185 years, 16 days
Judge Richard JonesBrisbane19 February 201013 years, 51 days
Judge Nicole KeffordBrisbane14 November 20166 years, 148 days
Judge David Kent QC Southport7 March 20167 years, 35 days
Judge Gary Long SC Maroochydore13 May 201111 years, 333 days
Judge Vicki Loury QC Brisbane17 December 20184 years, 115 days
Judge Dennis Lynch QC Ipswich2 December 20166 years, 130 days
Judge Gregory LynhamTownsville24 April 20175 years, 352 days
Judge Dean P. Morzone QC Cairns27 October 20148 years, 166 days
Judge Tony Moynihan QC Brisbane25 June 20157 years, 290 days
Judge Catherine MuirSouthport14 November 201626 years, 214 days
Judge Katherine M. McGinnessSouthport17 July 20096 years, 148 days
Judge Bernard Porter QC Brisbane28 August 20175 years, 226 days
Judge Michael E. Rackemann SC Brisbane12 January 200419 years, 89 days
Judge Anthony J. Rafter SC Brisbane15 December 200616 years, 117 days
Judge David ReidBrisbane19 February 201013 years, 51 days
Judge Deborah RichardsBrisbane26 November 199824 years, 136 days
Judge Orazio RinaudoBrisbane8 July 20148 years, 277 days
Judge Jennifer RosengrenBrisbane11 September 20175 years, 212 days
Judge Suzanne C. SheridanBrisbane24 November 20148 years, 138 days
Judge Paul E. SmithBrisbane8 March 201310 years, 34 daysAlso Judge Administrator
Judge Michael Williamson QC Brisbane19 March 20185 years, 23 days

See also

Related Research Articles

A county court is a court based in or with a jurisdiction covering one or more counties, which are administrative divisions within a country, not to be confused with the medieval system of county courts held by the high sheriff of each county.

The courts of England and Wales, supported administratively by His Majesty's Courts and Tribunals Service, are the civil and criminal courts responsible for the administration of justice in England and Wales.

<span class="mw-page-title-main">Magistrate</span> Officer of the state, usually judge

The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a magistratus was one of the highest ranking government officers, and possessed both judicial and executive powers. In other parts of the world, such as China, a magistrate was responsible for administration over a particular geographic area. Today, in some jurisdictions, a magistrate is a judicial officer who hears cases in a lower court, and typically deals with more minor or preliminary matters. In other jurisdictions, magistrates are typically trained volunteers appointed to deal with criminal and civil matters in their local areas.

One of the six founding states of Australia, Queensland has been a federated state subject to the Australian Constitution since 1 January 1901. It is sovereign, other than in the matters ceded in the Australian Constitution to the federal government. It is a parliamentary constitutional monarchy. The Constitution of Queensland sets out the operation of the state's government. The state's constitution contains several entrenched provisions which cannot be changed in the absence of a referendum. There is also a statutory bill of rights, the Queensland Human Rights Act (2019). Queensland's system of government is influenced by the Westminster system and Australia's federal system of government.

<span class="mw-page-title-main">Judiciary of Hong Kong</span> Law courts in the special administrative region of China

The Judiciary of the Hong Kong Special Administrative Region is the judicial branch of the Hong Kong Special Administrative Region. Under the Basic Law of Hong Kong, it exercises the judicial power of the Region and is independent of the executive and legislative branches of the Government. The courts in Hong Kong hear and adjudicate all prosecutions and civil disputes, including all public and private law matters.

<span class="mw-page-title-main">Courts of Scotland</span> Administration of justice in Scotland

The courts of Scotland are responsible for administration of justice in Scotland, under statutory, common law and equitable provisions within Scots law. The courts are presided over by the judiciary of Scotland, who are the various judicial office holders responsible for issuing judgments, ensuring fair trials, and deciding on sentencing. The Court of Session is the supreme civil court of Scotland, subject to appeals to the Supreme Court of the United Kingdom, and the High Court of Justiciary is the supreme criminal court, which is only subject to the authority of the Supreme Court of the United Kingdom on devolution issues and human rights compatibility issues.

<span class="mw-page-title-main">Magistrates' Court of Victoria</span> Lower court of Victoria, Australia

The Magistrates' Court of Victoria is the lowest court in the Australian state of Victoria.

<span class="mw-page-title-main">Supreme Court of Queensland</span> Highest court in the state of Queensland, Australia

The Supreme Court of Queensland is the highest court in the Australian State of Queensland. It was formerly the Brisbane Supreme Court, in the colony of Queensland.

<span class="mw-page-title-main">Supreme Court of Tasmania</span> Tasmanian judiciary

The Supreme Court of Tasmania is the highest State court in the Australian State of Tasmania. In the Australian court hierarchy, the Supreme Court of Tasmania is in the middle level, with both an appellate jurisdiction over lower courts, and decisions made by Court to be heard on appeal by the High Court of Australia.

<span class="mw-page-title-main">Supreme Court of South Australia</span>

The Supreme Court of South Australia is the superior court of the Australian state of South Australia. The Supreme Court is the highest South Australian court in the Australian court hierarchy. It has unlimited jurisdiction within the state in civil matters, and hears the most serious criminal matters. The Court is composed of a Chief Justice and as many other judges as may be required.

<span class="mw-page-title-main">County Court of Victoria</span> Principal trial court of the state of Victoria, Australia

The County Court of Victoria is the intermediate court in the Australian state of Victoria. It is equivalent to district courts in the other states.

<span class="mw-page-title-main">Judiciary of Israel</span> Part of the article of the series of government of Israel

The judicial system of Israel consists of secular courts and religious courts. The law courts constitute a separate and independent unit of Israel's Ministry of Justice. The system is headed by the President of the Supreme Court and the Minister of Justice.

<span class="mw-page-title-main">High Court of Singapore</span> Lower division of national supreme court

The High Court of Singapore is the lower division of the Supreme Court of Singapore, the upper division being the Court of Appeal. The High Court consists of the chief justice and the judges of the High Court. Judicial Commissioners are often appointed to assist with the Court's caseload. There are two specialist commercial courts, the Admiralty Court and the Intellectual Property Court, and a number of judges are designated to hear arbitration-related matters. In 2015, the Singapore International Commercial Court was established as part of the Supreme Court of Singapore, and is a division of the High Court. The other divisions of the high court are the General Division, the Appellate Division, and the Family Division. The seat of the High Court is the Supreme Court Building.

<span class="mw-page-title-main">Magistrates Court of South Australia</span> Lowest level court in South Australia

The Magistrates Court of South Australia is the lowest level court in the state of South Australia. The Magistrates Court, then known as the Court of Petty Sessions, was established in 1837, by the Court of Sessions Act 1837. It has both original and appellate jurisdiction and hears matters specified in the Magistrates Court Act 1991 (SA).

<span class="mw-page-title-main">Magistrates Court of Queensland</span>

The Magistrates Court of Queensland is the lowest court in the court hierarchy of Queensland, Australia. All criminal proceedings in Queensland begin in the Magistrates Court, with minor offences being dealt with summarily, and more serious ones being referred to a higher court on the strength of evidence. Most criminal cases are first heard in the Magistrates Court, as are most civil cases. The Magistrates Court hears approximately 95% of all court cases in Queensland.

<span class="mw-page-title-main">Children's Court of Queensland</span>

The Children's Court of Queensland is a specialized court in Queensland, a state of Australia which deals with serious crimes committed by children under the age of seventeen years in the state.

<span class="mw-page-title-main">Magistrates Court of the Australian Capital Territory</span>

The Magistrates Court of the Australian Capital Territory is a court of summary jurisdiction that deals with the majority of criminal law matters and the majority of small civil law matters in the Australian Capital Territory, the Jervis Bay Territory and the Australian Antarctic Territory.

<span class="mw-page-title-main">District Court of New Zealand</span>

The District Court of New Zealand is the primary court of first instance of New Zealand. There are 59 District Court locations throughout New Zealand. The court hears civil claims of up to $350,000 and most criminal cases. It is governed by the District Court Act 2016, which replaced the earlier District Courts Act 1947 as well as the District Court Rules which are periodically revised by the Rules Committee.

<span class="mw-page-title-main">Law of the Bahamas</span>

The basis of the Bahamian Law and legal system lies within the English Common Law tradition. Justices of the Supreme Court, Registrars and Magistrates are all appointed by The Governor-General acting on the advice of the Judicial and Legal Service Commission, which is composed of five individuals who are headed by the Chief Justice as their chairman. The Chief Justice and the Justices of the Court of Appeal, including the President, are appointed by the Governor-General on the recommendation of the Prime Minister after consultation with the Leader of the Opposition. Once appointed, the salaries and other terms of appointment of the Chief Justice, Justices of Appeal and Justices of the Supreme Court cannot be altered to their disadvantage. Justices of the Supreme Court can serve until the age of 65 years and, where agreed among the judge, the Prime Minister and the Leader of the Opposition, may serve until the age of 67. Justices of Appeal can serve until the age of 68 years and, where agreed among the judge, the Prime Minister and the Leader of the Opposition, may serve until the age of 70 years. The law of The Bahamas makes provisions for the appointment of 12 Justices to the Bench of the Supreme Court, inclusive of the Chief Justice, and for five Justices of the Court of Appeal, inclusive of the President. The Chief Justice, as Head of the Judiciary, is an ex officio member of the Court of Appeal, but only sits at the invitation of the President.

Timothy Francis Carmody is an Australian judge who was the Chief Justice of Queensland between 8 July 2014 and 1 July 2015. His previous roles include work as a police officer, barrister, Queensland Crime Commissioner, Family Court of Australia judge, and Chief Magistrate of the Magistrates Court of Queensland. He also presided over the 2013 Child Protection Commission of Inquiry.

References

  1. 1 2 3 4 5 6 "The District Court of Queensland" (PDF). Department of Justice and Attorney-General (Queensland). Government of Queensland. 2010. Archived from the original (PDF) on 1 November 2013. Retrieved 15 June 2012.
  2. District Court of Queensland Act 1967 (Qld)
  3. 1 2 "Judges of the District Court contacts". Department of Justice and Attorney-General (Queensland). Government of Queensland. 26 July 2016. Archived from the original on 17 August 2016. Retrieved 4 August 2016.
  4. "Courthouses contacts". Department of Justice ad Attorney-General (Queensland). Government of Queensland. 2012. Retrieved 16 June 2012.