Where originating application may be filed
11 Where originating application may be filed
An originating application may be filed in—
a registry of a Magistrates Court of—
a district in which a child the subject of the proceeding resides; or
the district in which a respondent resides; or
if all parties to the proceeding agree, in writing, to the filing of the originating application in another district—the other district; or
if the application cannot be filed in a registry mentioned in paragraph (a)—any central Magistrates Court registry.
Note—
Under the Child Protection Act, section 114 and the Adoption Act, section 240, a magistrate constituting the Childrens Court may order that a proceeding be transferred to the court constituted by a magistrate at another place.
However, an originating application must be filed in accordance with any requirement stated in a practice direction of the Chief Magistrate relating to the filing of the application in—
a particular registry of a Magistrates Court; or
a registry of a Magistrates Court of a particular district.
In this rule—
central Magistrates Court registry means the registry of a Magistrates Court at Brisbane, Rockhampton, Townsville or Cairns.
Chief Magistrate means a District Court judge or magistrate who is appointed as the Chief Magistrate under the Magistrates Act 1991, section 5(6).
district means a district of a Magistrates Court mentioned in the Justices Regulation 2014, schedule 1.
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