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The courts are ranked in order of the seriousness of the cases they hear. Queensland has three levels of state courts

In Queensland, there are Magistrate’s Courts, District Courts and Supreme Courts. These courts are located in different cities and towns in Queensland. The question is, which of those courts has the right and the power to hear and decide your case?

1. Location
If you are filing a personal case as when you are suing another person for a sum of money, the court nearest your home is the court where you need to file your action. If you have a contract, the contract will usually provide which court in which city or town will have the right and the power to hear and decide any case brought upon that contract. When you file a case based upon that contract, you will have to file it in the court specified under the contract.

2. Territory
If you are charged with a criminal case, it is the court of the state or county where the crime was committed that will hear the charge against you. Thus, if you reside in Victoria and while visiting relatives in Queensland you were caught driving with a prescribed concentration of alcohol in your blood, you will be charged with drink driving in Queensland.

Your case will be heard in a Magistrate’s Court in Queensland and the laws of Queensland will be applied to you even if you are a resident of Victoria. This is because you were caught driving on Queensland roads. It is the courts in Queensland that will have the right and the power to hear and decide your case.

3. Venue
If for example you filed a civil case in a District Court nearest your residence but all the witnesses reside in a different district within the state of Queensland, you may ask that court for a change of venue. That means that for convenience you can transfer your case to another District Court nearer the residence of the witnesses.

This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.

Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.

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