Investigation Training Resources
Session 3 - LEGAL PROCESS
Learning Packages

SECTION 1: Queensland Courts

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Magistrates Court

The Magistrates Court is the first level of the Queensland Courts system and hears about 94% of court cases. Most criminal cases are first heard in this court in some form. Most civil actions are also heard here.

Unlike the Supreme and District Courts, Magistrates Courts have no jury. Therefore, the magistrate makes all decisions in criminal matters, including any penalty.

The magistrate also makes all decisions in civil matters, including an order that one side pay the other money or perform certain actions to rectify a problem.

The Magistrates Court deals with a range of offences including:

• less serious offences (summary offences), such as traffic infringements

• minor offences, such as shoplifting or disorderly behaviour

• more serious offences, such as burglary, assault, fraud and drugs.

Where the offence is more serious, the magistrate may commit the case to the District Court or Supreme Court for sentence or trial.

The Magistrates Court deals with civil cases if the amount in dispute is $150,000 or less. The District and Supreme Courts deals with amounts larger than this.

Planning and Environment Court

The Planning and Environment Court hears matters relating to planning and development, protection for environment and coasts, marine parks, conservation areas and more.

The Planning and Environment Court (P and E Court) hears matters relating to:

• planning and development

• environmental protection

• coastal protection and management

• fisheries

• marine parks

• nature conservation

• heritage

• transport infrastructure

• vegetation management

The types of proceedings brought in the P and E Court, and the time limits for starting them, depends on the legislation relevant to the matter.

For example, the court may hear the following proceedings under the Planning Act 2016:

• appeals against decisions on development applications

• appeals about infrastructure charges

• appeals against decisions on compensation claims

• appeals from decisions of the Development Tribunal

• applications for enforcement orders, to remedy or restrain the commission of a development offence

• applications for declarations

• contempt proceedings

You don’t need legal representation to bring a matter to the P and E Court. You may appear personally or be represented by a lawyer or an agent who isn’t a lawyer.

The P and E Court regularly hears cases in Brisbane and other major centres, including Southport, Maroochydore, Townsville and Cairns.

The P and E Court can hear matters outside these major centres depending on the nature of the case.

P&E Process

The P and E Court actively supervises its case lists and manages each case individually through directions hearings.

Cases are prepared for trial in line with directions orders, made by a judge, at a directions hearing. The progress of each case is regularly monitored and reviewed by judges.

Hearings and reviews

You may need to attend several different hearings and reviews as part of your proceedings in the Planning and Environmental Court (P and E Court): a directions hearing, review hearing, call over hearing and final hearing.

The hearings begin once the party with the onus of proof (usually the developer) applies for a directions order within at least 3 months of the proceeding being filed. A direction hearing before a judge is then set.

Attending hearings and reviews

All parties must attend all hearings and reviews listed before a judge or the court.

A party is any individual or organisation that has filed a notice of appeal, an originating application, an entry of appearance or a notice of election to co-respond. Property developers, local councils and other government bodies, businesses, homeowners and residents affected by the case may become a party to proceedings in the court.

If your case is to be reviewed by a judge and all parties wish to adjourn (postpone) the review, the ADR Registrar may adjourn the matter ‘on the papers’ if all active parties agree and the request complies with the Practice Direction 9 of 2023 (see practice direction 2024/09 (PDF, 119.3 KB), paragraphs 8 and 9 regarding when the ADR Registrar may grant an adjournment).

If satisfied with the request, the ADR Registrar will list the review on a later day instead.