VPRS 8485 Court of Petty Sessions/Magistrates' Court Registers
The Jurisdiction of Courts of Petty Sessions and Magistrates' Courts Courts of Petty Sessions, or Magistrates' Courts as they have been called since 1971, dealt with a very large range of "minor" court matters. Apart from a large number of tribunals, they provide the lowest level...
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Zusammenfassung: | The Jurisdiction of Courts of Petty Sessions and Magistrates' Courts
Courts of Petty Sessions, or Magistrates' Courts as they have been called since 1971, dealt with a very large range of "minor" court matters. Apart from a large number of tribunals, they provide the lowest level of redress in civil and criminal matters, with the County Court, the Supreme Court and various Commonwealth courts hearing and determining more serious criminal cases and larger civil disputes.
The jurisdiction of Courts of Petty Sessions/Magistrates' Courts has changed, and on the whole increased over time, but has usually included the following types of cases:
The criminal jurisdiction includes all offences under Summary Offences legislation including traffic offences, minor assault and drug offences, obscene language, trespass. A number of more serious offences known as indictable offences may be tried in either the Petty Sessions/Magistrates' Court or a higher court. These include theft up to a certain value, burglary, indecent assault, offences against prostitution regulation legislation, criminal damage to property, occupational health and safety offences. Committal proceedings are also conducted in Courts of Petty Sessions/Magistrates' Courts in order to determine whether a case involving a more serious offence should proceed to a higher court.
The civil jurisdiction includes claims for debts arising out of contractual disputes, claims for losses arising out of a breach of duty such as negligence, claims for damages arising out of motor vehicle accidents or assaults and claims for taxes due.
The licensing jurisdiction has diminished in the twentieth century. At different times it has included the issue of licences for gold buyers, auctioneers, carriers, pawnbrokers, estate agents, commercial agents and sub agents, inquiry agents, hawkers and pedlars. By 1991 the only licences still issued by Magistrates' Courts were for commercial agents and sub-agents and hawkers and pedlars.
The family law jurisdiction includes matters relating to child support assessment, maintenance, custody, guardianship, access, change of name, marriage of under age persons, property interests of de facto partners and, since 1987, family violence intervention orders. From 1928 until 1958 Courts of Petty Sessions were also responsible for granting adoptions.
Court Registers
Successive Justices' Acts and, more recently, Magistrates' Court Acts have required the clerk or registrar of the court to make an |
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