Queensland Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

MAGISTRATES COURTS ACT 1921 - SECT 45

Appeal

45 Appeal

(1) Subject to this Act, any party who is dissatisfied with the judgment or order of a Magistrates Court—
(a) in an action in which the amount, value or damage involved is more than the minor civil dispute limit; or
(b) in an action for the recovery of possession of land if—
(i) the value of the land is more than the minor civil dispute limit; or
(ii) the annual rental of the land is more than the minor civil dispute limit; or
(c) in proceedings in interpleader in which the amount or damages claimed, or the value of the goods in question, is more than the minor civil dispute limit; or
(d) in a proceeding under the Property Law Act 1974 , part 19 , division 4 , subdivision 1 ;
may appeal to the District Court as prescribed by the rules.
(2) Provided that—
(a) where in any of the cases above referred to in subsection (1) the amount, damage or value is not more than the minor civil dispute limit, an appeal shall lie by leave of the District Court or a District Court judge, who shall not grant such leave to appeal unless the court or judge is satisfied that some important principle of law or justice is involved;
(b) an appeal shall not lie from the decision of the Magistrates Court if, before the decision is pronounced, both parties agree, in writing signed by themselves or their lawyers or agents, that the decision of the court shall be final.
(3) Within the time and in the way prescribed by the rules, the appellant must give to the other party or the other party’s lawyer notice of the appeal, briefly stating the grounds of the appeal.
(4) Notice of appeal shall not operate as a stay of execution upon the judgment, but the execution may proceed unless the magistrate or a District Court judge otherwise orders.
(5) In this section—

"minor civil dispute limit" means the amount that is, for the time being, the prescribed amount under the Queensland Civil and Administrative Tribunal Act 2009 .



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback