What the District Court of Queensland does
The District Court is Queensland's second-highest court and deals with both criminal and civil matters. In criminal cases it tries serious indictable offences before a judge and a jury of 12, and sentences serious offences sent up from the Magistrates Courts. In civil cases a judge sitting without a jury decides disputes within the court's monetary limits (generally claims between $150,000 and $750,000). It also hears most appeals from the Magistrates Courts, and certain District Court judges constitute the Children's Court of Queensland and the Planning and Environment Court.
What it hears
- Serious indictable criminal offences - such as armed robbery, rape and other sexual offences, serious assaults, fraud, and dangerous driving causing death or grievous bodily harm - tried before a judge and a jury of 12
- Sentencing of serious offences committed up from the Magistrates Courts
- Civil disputes with claims between $150,000 and $750,000, including debt, damages, contract and personal injury claims
- Appeals from decisions of the Magistrates Courts, in both criminal and civil matters
- Children's Court of Queensland matters - serious offences involving young people, constituted by a District Court judge
- Planning and Environment Court matters - town planning, development and land-use disputes, constituted by a District Court judge
- Applications and interlocutory (pre-trial) matters connected with civil and criminal proceedings within its jurisdiction
Before your first court date
How you get to the District Court depends on whether your matter is criminal or civil. Criminal matters do not start here: they begin in the Magistrates Court, which conducts a committal hearing to decide whether there is enough evidence to commit the accused to the District Court for trial or sentence. After committal, the Office of the Director of Public Prosecutions presents an indictment, and the matter is listed for a mention or callover before a trial date is set. Civil claims can be filed directly at the District Court registry and then move through pleadings, disclosure of documents and other pre-trial steps. Before any court date, read everything you have been sent, note the date, time and courthouse carefully, organise your documents, and consider getting legal advice early - well before the first listing rather than on the day.
What happens at your first appearance
In a criminal matter, the first appearance in the District Court is usually an arraignment, where the charges on the indictment are formally read to the accused and a plea of guilty or not guilty is entered. A guilty plea moves the matter towards sentencing; a not-guilty plea means it is listed for a jury trial on a later date. In a civil matter there is no single dramatic first appearance - instead the case may be listed for directions, a review or mediation as it progresses, before being set down for trial where a judge (not a jury) decides the outcome and can order payment of money or other relief. Arrive early, dress neatly, bring your paperwork, and address the judge as "Your Honour".
What to prepare
- Your court documents - the indictment, claim, notice or letter telling you the date, time and courthouse, plus any orders already made
- All documents relevant to your matter, organised in date order so you can find things quickly (contracts, statements, correspondence, financial records)
- The contact details of your lawyer, or details of any legal representation you are arranging, and any reference or file numbers
- A written list of the key facts, dates and points you want to raise, so nothing is forgotten under pressure
- Practical arrangements for the day - travel time to the registry, parking or public transport, and allowance for security screening on arrival
- Identification, and a pen and notepad to take notes of anything the judge or registry staff tell you
When to get legal advice
The District Court deals with the most serious criminal charges and substantial civil claims, where the consequences - imprisonment, a criminal record, or large sums of money - can be life-changing. The information on this page explains how the court works in general terms; it cannot tell you how to plead, how strong your case is, or what to say in court. If you are facing a criminal charge or are a party to a civil dispute in this court, you should speak to an admitted Australian lawyer as early as possible. Legal Hotline can give you free general legal information at any time, and can help you book a fixed-fee consultation with an admitted Australian lawyer to get advice on your specific situation.
Where it is
Brisbane registry: QEII Courts of Law Complex, 415 George Street, Brisbane QLD 4000 (postal address: PO Box 15167, City East QLD 4002). Phone: 1800 497 117. The complex is in the Brisbane CBD on George Street, within walking distance of public transport, with counter enquiries and filing handled at the registry during business hours (generally 8.30am to 4.30pm, with a later start on Wednesdays). The District Court also sits at around 32 other locations across Queensland, so always check which courthouse your matter is listed at.
Frequently asked questions
What is the difference between the District Court and the Magistrates Court in Queensland?
The Magistrates Courts handle less serious criminal charges and smaller civil claims, and are where almost all criminal matters begin. The District Court is the intermediate court above them: it tries serious indictable offences before a judge and jury, hears mid-range civil claims, and decides most appeals from the Magistrates Courts. The Supreme Court sits above the District Court for the most serious matters.
What kinds of criminal cases are heard in the District Court?
The District Court tries serious indictable offences such as armed robbery, rape and other sexual offences, serious assaults, fraud, and dangerous driving causing death or grievous bodily harm. These are tried before a judge and a jury of 12. The court also sentences serious offences that have been committed up from the Magistrates Courts.
What is the monetary limit for civil claims in the District Court?
The District Court generally hears civil disputes where the claim is between $150,000 and $750,000, covering debt, damages, contract and personal injury claims. Smaller claims are dealt with in the Magistrates Courts, and larger or more complex claims go to the Supreme Court. Civil trials in the District Court are decided by a judge sitting without a jury.
Does my criminal case start in the District Court?
No. Criminal matters begin in the Magistrates Court, which holds a committal hearing to decide whether there is enough evidence to commit the accused to the District Court for trial or sentence. Only after committal, and after the Director of Public Prosecutions presents an indictment, does the matter come before the District Court.
What happens at an arraignment in the District Court?
At an arraignment, the charges set out in the indictment are formally read to the accused, who then enters a plea. A guilty plea moves the matter towards a sentencing hearing, while a not-guilty plea means the matter is listed for a jury trial on a later date. It is general information only - how to plead is a decision to make with a lawyer.
Where is the District Court in Brisbane and how do I contact it?
The Brisbane registry is at the QEII Courts of Law Complex, 415 George Street, Brisbane QLD 4000, with a postal address of PO Box 15167, City East QLD 4002. The phone number is 1800 497 117. Counter enquiries and filing are handled at the registry during business hours, generally 8.30am to 4.30pm with a later start on Wednesdays. The District Court also sits at around 32 locations across Queensland, so check which courthouse your matter is listed at.
Do I need a lawyer for the District Court?
You are not legally required to have a lawyer, but the District Court deals with serious charges and substantial claims where the consequences can be severe. Because of what is at stake, getting advice from an admitted Australian lawyer is strongly recommended. Legal Hotline can give you free general legal information and help you book a fixed-fee consultation with a lawyer about your specific matter.
What is the Children's Court of Queensland and how does it relate to the District Court?
For the most serious offences involving young people, the Children's Court of Queensland is constituted by a District Court judge. In the same way, certain District Court judges make up the Planning and Environment Court for town planning, development and land-use disputes. So a single District Court judge may sit in different capacities depending on the type of matter.