AGY-37 | District Courts

Full description

District Courts were established throughout New South Wales by the District Court Act 1858 (22 Vic act no.18),(1) and were vested with jurisdiction in civil causes where the values of the property involved did not exceed £200 (2)

District Court Judges also performed the duties of Chairmen of Quarter Sessions (3) and of Judges in the Courts of Marine Inquiries. The District Court performed the function of an intermediate Court between the Small Debts and Supreme Courts. Sittings occurred over a ten month period in Sydney and at least twice each year in major country towns.

Late in 1964 there were 71 district courts presided over by 23 district courts judges. Cases were normally heard by a judge but either party could call for the empanelment of a jury if the amount in dispute exceeded £100.

The Court's jurisdiction covered equity, probate , some divorce proceedings referred to it by the Supreme Courts and some common law matters where the amount in dispute was below £6000 or below £400 if land title was involved. Appeal, where available, was to the Appellate Jurisdiction of the Supreme Court decisions of the Supreme Court were over those actions cognisable on the common law side of the Supreme Court (4).

The District Court Act, 1973 (Act No 9, 1973) which came into effect on 1 July, 1973 (5) abolished the existing District Courts and Courts of Quarter Sessions and the District Court was reconstituted as a single Court (6) with both criminal and civil jurisdiction (7) throughout New South Wales.

Endnotes
1. District Court Act 1858, s.2.
2. Ibid., s.7.
3. Ibid., s.25.
4. Official Yearbook of NSW 1966, pp.380-381
5. NSW Government Gazette, p. 2158, 8 June, 1973.
6. The District Courts Act, 1973 s.8.
7. Ibid., s. 9.

References
1. Concise Guide 2nd Edition. "District Courts".
2. Outline, 1966-1976.