Queensland Magistrates Court: your first date, civil response and fees
Start with the document you have. Compare criminal and civil steps, check the current claim fees and save the preparation checklist before deciding what help you need.
Key points
- Identify the notice, claim or order, the correct courthouse, the next date and any existing bail or other conditions.
- For an ordinary civil claim, the usual 28-day filing period runs after the day of service. An informal reply or negotiation does not replace the formal defence.
- Eligible civil claims ordinarily fall within a $150,000 limit excluding interest. QCAT handles specified minor disputes, including qualifying debts up to $25,000; that is not a universal court minimum.
- Ask for the QP9 police summary and advice before deciding a criminal plea. A QP9 is not the full brief of evidence.
- Free criminal duty-lawyer help is limited to the listed court date and eligible matters. It does not cover every traffic case, trial, committal or complex sentence.
- Civil and criminal appeals use different rules: an ordinary civil appeal generally has 28 days; the section 222 criminal route generally has one month. Seek advice promptly.
A first criminal court date is usually a mention: the court may address representation, a plea, bail and the next steps. Attend as required unless the court authorises another arrangement. For an ordinary civil claim served on you, the usual rule is to file a notice of intention to defend with a defence within 28 days after the day of service, then serve it on the filing day or as soon as practicable afterwards. Court orders and particular service rules can change the position. A QCAT application or protection-order case follows a different process.
Checked on 23 October 2026: selected current Queensland legislation and civil rules, the court’s 2026–27 fee table, Practice Direction 7 of 2020 and official court and Legal Aid Queensland guidance. Sources and limits of this check.
Which court document do you have?
The Magistrates Court is Queensland’s first court level and handles many criminal and civil matters. Magistrates Court trials do not use a jury. More serious criminal charges may proceed to the District or Supreme Court; larger civil claims use their own filing route, not a criminal committal.
Under the Magistrates Courts Act, the ordinary civil limit is $150,000 excluding interest, subject to the type of claim and remedy. A compliant written consent can permit specified claims above the usual limit. Restrictions include particular title-to-land and will disputes. Do not abandon part of a claim simply to fit a forum without advice.
For an agreed or fixed debt of up to $25,000 excluding interest, check QCAT’s minor-debt route. QCAT’s specified minor-civil jurisdiction is not every possible dispute below that figure, and $25,000 is not a universal maximum for all QCAT work.
Scroll the tables sideways to compare all columns.
| Your document or issue | What matters first | Next step to prepare |
|---|---|---|
| Criminal notice to appear, summons or bail undertaking | Charge, venue, date, attendance requirement and conditions. | Obtain the police summary and advice before deciding your plea. |
| Civil claim and statement of claim | Date and method of service, exact parties, allegations and amount. | Check the formal defence deadline and required documents. |
| You want to recover money | Correct forum, evidence, parties, remedy and limitation period. | Check jurisdiction, claim forms, fees and valid service before filing. |
| QCAT, domestic-violence or child-protection papers | The named court or tribunal, legislation and existing orders. | Use that separate process; do not assume the ordinary civil defence rule applies. |
| Judgment, missed hearing or disputed decision | Decision-maker, date, reasons, service history and enforcement. | Get urgent advice about the appropriate appeal, reopening or setting-aside application. |
The current specialist court directory includes Court Link, Murri Court and the Queensland Drug and Alcohol Court. Eligibility and local availability differ; referral is not automatic.
What happens at your first criminal appearance?
Read the notice to appear, complaint and summons or bail undertaking. The first date is usually a mention, with discussion of representation, plea, bail, disclosure or future dates. For an offence the court can decide, a guilty plea may lead to sentence that day or a later sentencing date. A not-guilty matter needs the appropriate directions and hearing arrangements.
Ask police prosecutions for the QP9, which summarises the police allegations. Legal Aid’s duty-lawyer guidance explains how to obtain it at the first date or request a copy afterwards with identification. It is not the full brief and is not guaranteed to be available before that date. Tell your lawyer about any disputed facts before entering a plea.
You can request time to obtain advice, but an adjournment is not guaranteed. Follow existing bail conditions until lawfully changed. Arrive early, bring your papers and ask the registry ahead of time about an interpreter or access needs. Plan for waiting time.
For charges going to a higher court, the Justices Act provides different committal routes. Some involve judicial consideration of the evidence; a consented hand-up procedure can proceed without that assessment. An eligible, legally represented defendant may use a registry committal, where the clerk does not decide whether the evidence is sufficient. A committal is not a trial deciding guilt. Get advice about the route and its consequences.
If you cannot attend, contact your lawyer and the correct registry urgently. The online court-event process is for lawyers and prosecuting agencies; self-represented people are directed to email the registry. The published cutoff is 4pm, two clear business days before the current listed date. Consent and eligibility requirements apply, and this process excludes adjournments of hearings. A request or absence of a reply does not change the date. Attend as required unless the court authorises otherwise; a warrant or decision in your absence may follow where the law permits.
Civil claim: filing and service are separate steps
The ordinary response under UCPR rules 137–142 is a Form 6 notice of intention to defend with a Form 17 defence attached. File in the registry that issued the claim. The official claim guide links the forms; the rules govern timing and service.
Do not assume negotiations, an email disputing the debt or a lawyer booking extend the deadline. If the required response is not filed in time, the claimant may seek default judgment after proving the relevant requirements. Default judgment is not automatic payment, and an application to set it aside needs proper grounds and evidence.
Scroll the tables sideways to compare all columns.
| Step | Usual rule | What to check |
|---|---|---|
| File a defence | File Form 6 with Form 17 within 28 days after the day the claim was served. | Court orders, applicable interstate-service law and particular circumstances can affect the period. |
| Serve the filed response | Serve the plaintiff on the filing day or as soon as practicable afterwards. | Keep proof. Filing at court does not itself serve the other party. |
| Start an ordinary claim | File a claim with the statement of claim, then arrange valid service. | The method depends on the defendant and location. Do not assume an ordinary email is valid service. |
| Serve the originating claim | A claim generally remains in force for service for one year; renewal is conditional. | This is separate from the limitation period for bringing the underlying claim. |
If judgment already exists, obtain it and seek prompt advice about setting it aside and any enforcement. After a defence, the court may list or direct a settlement conference and make further directions. There is no universal time to trial. Costs are discretionary and usually follow the result unless ordered otherwise; recovering every dollar spent is not guaranteed.
2026–27 fees for filing a civil claim
These Australian-dollar amounts are from the official Magistrates Court fee table, checked against the Fees Regulation and the $1.133 fee unit applicable from 1 July 2026. They are fees for filing a claim, not the price of attending as an accused person or the total cost of a case.
Scroll the tables sideways to compare all columns.
| Amount claimed | Every plaintiff is an individual | Otherwise |
|---|---|---|
| $2,500 or less | $211.10 | $211.10 |
| More than $2,500 but less than $10,000 | $292.10 | $292.10 |
| $10,000 or more but less than $50,000 | $313.60 | $313.60 |
| $50,000 or more but less than $100,000 | $402.00 | $631.40 |
| $100,000 or more, within the applicable jurisdiction | $476.10 | $787.90 |
A fee band does not enlarge the court’s jurisdiction. Service, enforcement, transcripts, legal work and possible costs orders can add to the total. The published Supreme and District Court reduced-fee scheme does not automatically apply to ordinary Magistrates Court civil filings. Ask the registry about the precise fee and any applicable relief; a concession card alone is not a promise of a Magistrates waiver.
Appeals: 28 days and one month are different clocks
Obtain the order, reasons and relevant record promptly. The correct remedy depends on the legislation, decision and who made it. A civil default judgment, a criminal non-appearance decision and a specialist protection order do not all use the same appeal process.
Scroll the tables sideways to compare all columns.
| Decision | Ordinary route or time | Important qualification |
|---|---|---|
| Ordinary civil judgment within Magistrates Courts Act section 45 | District Court appeal, generally within 28 days after the decision. | Where the subject matter exceeds $25,000, section 45 provides the appeal right; otherwise leave is needed on its specified grounds. Other requirements and exceptions apply. |
| Summary criminal order within Justices Act section 222 | District Court appeal within one month after the order. | Exceptions apply. After a guilty plea, section 222 limits the grounds to the specified punishment issue. An extension requires the court’s decision. |
| Civil default judgment | Consider an application under UCPR rule 290 to set aside or amend it. | This differs from an appeal. Get advice promptly about grounds, evidence, terms and enforcement. |
| Missed criminal hearing, factual error or specialist order | Check the particular rehearing, correction or statutory appeal route urgently. | Do not apply the ordinary civil 28-day appeal rule to every decision. |
See Magistrates Courts Act sections 45–45A, UCPR rules 748 and 782–785 and Justices Act sections 222–229. An ordinary civil appeal does not itself stay execution. Criminal enforcement, restitution, compensation, licence and bail consequences have distinct rules; ask specifically about a stay or bail. The court’s appeal guide states no filing charge for an appeal against a sentence or finding of guilt, but legal expenses and possible costs remain. Civil appeal filing fees are separate.
Free duty help, registry information or private advice?
A criminal duty lawyer may assist on the actual listed court date at most Queensland Magistrates Courts. Check availability. The service may help with less complex guilty pleas, adjournments and bail, but it does not cover ordinary traffic offences, trials, committals or complex sentence hearings. First or second drink/drug-driving offences alone are excluded unless imprisonment is likely. Domestic-violence duty help is a separate service.
Contact Legal Aid Queensland before the date if you need earlier advice. Free help and continuing representation have different scope and eligibility requirements. Do not assume arriving early guarantees a lawyer to run the case.
Registry staff can explain listings, filing and procedure; they cannot select your plea, defence or appeal grounds. If you arrange a private lawyer, agree who will prepare documents, file, serve and attend, and what each part will cost.
Save your court preparation checklist
- Collect the complete notice, summons, bail undertaking, claim, application or order. Record the case number, court, hearing date and existing directions.
- Write down when and how documents were served. Keep envelopes, delivery records and relevant messages. Mark the earliest response or appeal deadline.
- For criminal advice, bring the QP9 if supplied, other prosecution material and current bail conditions. List factual disagreements and missing evidence without changing originals.
- For a civil dispute, organise contracts, invoices, payments, photographs and correspondence, plus a calculation of the amount claimed or disputed. Check the parties’ legal names and any possible counterclaim.
- Prepare questions about the correct route, free-help availability, representation, fees and who will lodge or serve each document. Confirm attendance, interpreter and access arrangements with the actual registry.
Send sensitive papers through the lawyer’s agreed secure channel. This checklist organises a consultation; it does not file documents, extend a deadline or predict the result.
Optional initial private consultation — AUD$295
Use the comparison and checklist to identify the decision you need help with. Confirm the lawyer can assist with your matter and deadline, and whether document work or a court appearance requires a separate engagement.
Legal Hotline is not a law firm. The optional AUD$295 including GST booking and arrangement fee pays Legal Hotline for its platform service. Eligible bookings include an initial consultation with an independent Australian lawyer at no further lawyer charge. Ongoing work and fees are agreed separately with the lawyer.
Suitability, acceptance, conflicts and availability apply. Booking does not file or serve documents, stop a deadline or excuse attendance. The free 1800 951 176 line provides AI-generated general information; it is not a lawyer or a court representation service.
Official help and free legal information
Check the correct registry and legal-help service before your date. Information, advice and continuing representation serve different purposes.
Legal Aid Queensland — information and help
1300 651 188, Monday–Friday 8:30am–4:30pm AEST, except public holidays. Local-call cost from a landline. Ask about advice, eligibility and available services.
Legal Aid Queensland — criminal duty lawyer
Free help for eligible matters on the listed court date at most Magistrates Courts. Check availability and exclusions; it is not an ongoing representation guarantee.
Brisbane Magistrates Court — registry
363 George Street, Brisbane. Postal: GPO Box 1649, Brisbane QLD 4001. Phone 1800 325 085. Published registry hours Monday–Friday 8:30am–4:30pm. Follow your paperwork for the actual court location.
Common Queensland Magistrates Court questions
What happens on my first criminal court date?
It is usually a mention, where the court may address representation, a plea, bail, disclosure and future dates. An eligible guilty-plea matter may be sentenced that day or later. Ask for the QP9 police summary and advice before deciding your plea. An adjournment is discretionary, and a request or lawyer booking does not excuse attendance.
How long do I have to defend a civil claim?
For an ordinary claim, the usual requirement is to file Form 6 notice of intention to defend with Form 17 defence within 28 days after the day of service. Serve the plaintiff on the filing day or as soon as practicable afterwards. Court orders and particular service rules can change the position. An informal reply or negotiation does not replace the formal response, and default judgment may be sought if it is not filed.
Does every claim below $25,000 have to go to QCAT?
No. QCAT has specified minor-civil categories, including qualifying agreed or fixed debts up to $25,000 excluding interest. The Magistrates Court’s ordinary civil jurisdiction extends to eligible claims up to $150,000 excluding interest, with restrictions and a written-consent route for specified larger claims. Check the parties, claim type and remedy as well as the amount. $25,000 is not a universal Magistrates Court minimum.
What is the filing fee for a $60,000 civil claim?
From 1 July 2026, filing a Magistrates Court claim of $50,000 or more but less than $100,000 costs $402 if every plaintiff is an individual, or $631.40 otherwise. This is the claim filing fee only: service, legal work, enforcement and possible costs orders are separate. Check jurisdiction first and ask the registry about any applicable fee relief.
Can everyone get a free lawyer at court?
No. The criminal duty-lawyer service helps eligible matters on their listed date at most Magistrates Courts. It excludes ordinary traffic matters, trials, committals and complex sentences; first or second drink/drug-driving offences alone are excluded unless imprisonment is likely. Domestic-violence duty help is separate. Contact Legal Aid Queensland on 1300 651 188 about advice before court and confirm availability.
Does the AUD$295 consultation booking include representation?
No court representation is promised. AUD$295 including GST is Legal Hotline’s optional platform booking and arrangement fee. Eligible bookings include an initial independent-lawyer consultation at no further initial lawyer charge, subject to acceptance and availability. Document work, filing, service, court attendance and later fees are separately agreed with the lawyer. The free AI phone line provides general information, not advice or representation from a lawyer.
Sources and update record
Checked 23 October 2026 against selected current legislation, civil rules and 2026–27 fees. This guide covers ordinary preparation and selected procedures, not every criminal offence, special jurisdiction, limitation period, bail test or appeal. Follow your actual papers and orders. Some official overview pages simplify the rules or retain older wording; the operative legislation controls.
- Magistrates Courts Act 1921 — jurisdiction and civil appeals
- Uniform Civil Procedure Rules 1999 — current 23 October 2026
- Justices Act 1886 — criminal procedure and appeals
- QCAT Act 2009 — specified minor-civil jurisdiction
- Uniform Civil Procedure (Fees) Regulation 2019
- Acts Interpretation (Fee Unit) Regulation 2022
- Queensland Courts — current Magistrates fees
- Queensland Courts — starting and defending a claim
- QCAT — minor-debt disputes
- Queensland Courts — dates, directions and orders
- Magistrates Court Practice Direction 7 of 2020
- Queensland Courts — registry committals
- Queensland Courts — appeals to District Court
- Queensland Courts — court overview
- Queensland Courts — specialist courts and programs
- Queensland Courts — courthouse directory
- Legal Aid Queensland — criminal cases
- Legal Aid Queensland — criminal duty lawyer
- Legal Aid Queensland — contact and hours
- Legal Hotline — Australian booking
- Legal Hotline — lawyer arrangements
- Legal Hotline — customer terms
General information only, not legal advice. Updated . Checked against the sources above on 23 October 2026.