Identity area
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Authorized form of name
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Description area
Dates of existence
History
The Albury District Court was established on 9 December 1858 within the Southern District, utilising the boundaries of the Albury Police District. (1)
The District Court Act of 1858 (22 Vic No 18) was assented to on 12 November 1858. This Act established District Courts to replace Courts of Requests and had jurisdiction in civil cases where the values of the property involved did not exceed £200. (2)
The District Court performed the function of an intermediate Court between the Small Debts and Supreme Courts. Sittings occured at least twice each year in major country towns. 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. (3)
The District Court Act 1973 (Act No 9, 1973), which came into effect on 1 July 1973 (4), abolished the existing District Courts and Courts of Quarter Sessions and the District Court was reconstituted as a single Court with both criminal and civil jurisdiction throughout New South Wales. (5)
Endnotes
(1) NSW Government Gazette, 9 December 1858, p.2173
(2) NSW Government Gazette, 12 November 1858, p.1899
(3) Official Yearbook of NSW, 1966. pp 380-1
(4) NSW Government Gazette, 8 June 1973, p. 2158
(5) The District Courts Act, 1973 s. 8 and s.9
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Authority Record created 14 August 2018. J Kohlhagen.
Language(s)
Script(s)
Sources
NSW District Court website http://www.districtcourt.justice.nsw.gov.au/Pages/aboutus/history.aspx.
State Archives and Records Authority of NSW https://www.records.nsw.gov.au/agency/37
NSW Government Gazette, 9 December 1858, p.2173