What the Magistrates Court of Queensland does
The Magistrates Court is the lowest tier of the Queensland court system and handles the largest volume of work. It exercises a summary criminal jurisdiction (deciding less serious criminal charges itself) and conducts committal proceedings for serious indictable offences before they move up to the District or Supreme Court. On the civil side, it decides money disputes up to a set monetary limit, and it also deals with a range of applications and specialist court and diversion programs. Magistrates preside (there are no juries), and the court operates under the Magistrates Courts Act 1921 (Qld) and the Justices Act 1886 (Qld).
What it hears
- Criminal matters: summary offences and indictable offences dealt with summarily, plus bail applications
- Committal proceedings (committal mentions and hearings) for indictable offences before they proceed to the District or Supreme Court
- Civil money disputes and debt claims up to $150,000
- Domestic and family violence protection order applications
- Child protection applications
- Peace and good behaviour applications
- Traffic offences and regulatory or infringement matters
- Specialist court and diversion programs (for example the Drug and Alcohol Court, Murri Court and QMERIT)
Before your first court date
For criminal matters, a charge is usually laid by police (or another agency), and you will receive a notice to appear or a summons, or be bailed or remanded to a first court date. Before that date the prosecution prepares a brief (often called a QP9 or court brief) setting out the allegations, which is provided to the defence. It is worth reading any documents you have been given carefully, noting the date, time and courthouse, and getting legal information or advice early so you understand your options before you walk in. For civil matters, the claim is filed with the registry and served on the other party, who then has a limited time (generally 28 days) to respond, so check the deadlines that apply to you.
What happens at your first appearance
Your first court date is usually a "mention" (or first appearance), not a trial. At a mention the charge is read out or identified, you indicate whether you intend to plead guilty or not guilty (or ask for an adjournment to get legal advice), and the magistrate deals with bail and any conditions. Duty lawyer assistance is often available at the court on the day for those who qualify. If you plead guilty, the magistrate may sentence you straight away or adjourn for sentencing; if you plead not guilty, the matter is adjourned and a summary hearing date is set. For serious indictable charges the matter proceeds by committal, where the magistrate decides whether there is enough evidence for the case to go to the District or Supreme Court. Arrive early and check the daily law list (posted at the court or online) to confirm your courtroom.
What to prepare
- Your court paperwork: the notice to appear, summons, bail undertaking, claim or application, and any letters from the court
- Photo identification and a note of your court date, time and the courthouse
- All documents relevant to your matter (for example contracts, invoices, receipts, photos or correspondence for civil claims)
- Contact details for any lawyer assisting you, and details of the duty lawyer service if you intend to use it
- A written list of the key points or questions you want to raise, plus any dates you cannot attend if you may need an adjournment
- If it is a civil debt claim, a clear record of what is owed or disputed and any payments already made
When to get legal advice
This page is general legal information, not legal advice about your situation. It is worth speaking with an admitted Australian lawyer before your first date if you are facing a criminal or traffic charge that could result in a conviction, fine, licence loss or imprisonment, if you are unsure whether to plead guilty or not guilty, if your matter may proceed by committal to a higher court, or if a domestic violence, child protection or civil claim could seriously affect you. A lawyer can explain how the law applies to your facts, your likely options and the consequences of each. If you would like, you can book a fixed-fee consultation with an admitted Australian lawyer through this service.
Where it is
Brisbane Magistrates Court (the principal registry) is at 363 George Street, Brisbane QLD 4000 (postal: GPO Box 1649, Brisbane QLD 4001), open 8:30am to 4:30pm Monday to Friday. It is in the Brisbane CBD and is well served by public transport, with nearby train, bus and ferry options; allow time to pass through security screening on arrival. The Magistrates Court also sits at many other courthouses across Queensland, so always check your paperwork or the official courthouse directory to confirm which location your matter is listed at.
Frequently asked questions
Is the Magistrates Court the same as the District or Supreme Court?
No. The Magistrates Court is the lowest and busiest tier of the Queensland court system, dealing with around 94% of all matters. More serious criminal cases and larger civil disputes are heard in the District or Supreme Court, but many of those still start in the Magistrates Court through a committal before moving up.
Will there be a jury at the Magistrates Court?
No. Matters in the Magistrates Court are decided by a magistrate sitting alone, without a jury. Jury trials in Queensland take place in the District and Supreme Courts.
What happens at my first court date?
Your first date is usually a mention, not a trial. The charge is identified, you indicate whether you intend to plead guilty or not guilty (or ask for time to get advice), and the magistrate deals with bail and any conditions. The matter is often adjourned to another date.
How much can the Magistrates Court award in a civil claim?
The Magistrates Court can hear civil money disputes up to $150,000. Smaller disputes up to $25,000, such as minor debts and consumer claims, are usually dealt with by the Queensland Civil and Administrative Tribunal (QCAT) rather than the court. Larger claims go to the District or Supreme Court.
Can I get a lawyer at the court on the day?
A duty lawyer service is often available at the courthouse for people who qualify, and can give limited assistance on the day. It is not a substitute for getting your own legal advice in advance, especially for serious matters, because duty lawyers are usually very busy and have limited time per person.
What is a committal proceeding?
For serious indictable offences, the Magistrates Court holds a committal, where the magistrate decides whether there is enough evidence for the case to go to trial or sentence in the District or Supreme Court. The Magistrates Court does not decide guilt for those serious charges itself.
Do I have to go to the Brisbane Magistrates Court?
Not necessarily. The Magistrates Court sits at many courthouses across Queensland, and your matter is listed at a specific location. Always check your paperwork or the official courthouse directory to confirm which court you need to attend; Brisbane on George Street is the principal registry but only one of many.
What should I do if I cannot attend my court date?
Do not simply fail to appear, as the court can deal with the matter in your absence or take further action. Get legal advice promptly, contact the registry, and if appropriate ask the court for an adjournment. Bring any dates you are unavailable so the court can consider a new date.