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The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a magistratus was one of the highest ranking government officers, and possessed both judicial and executive powers. In other parts of the world, such as China, a magistrate was responsible for administration over a particular geographic area. Today, in some jurisdictions, a magistrate is a judicial officer who hears cases in a lower court, and typically deals with more minor or preliminary matters. In other jurisdictions (e.g., England and Wales), magistrates may be volunteers without formal legal training who perform a judicial role with regard to minor matters.

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  1. Johnt

    SA Handover locations

    Hi, myself and my children’s Mum had previously done handover of our kids at a local shop, it worked well for 1 year. She’s now saying that it stresses the kids and that I need to go to her house to collect them. Given the nature of her behaviour and our relationship I have stated I don’t...
  2. B

    VIC Law

    Hi. I got told to attend Bendigo Magistrate court 2 days ago at 11.30. On arrival at 11.05 the clerk told me to have my phone ready as it would be heard at 12.00. I told him I had evidence that on the day i was pulled over i had only accumulated 10 demerit points and was pleading not guilty. He...
  3. A

    VIC Magistrate court has revoked an IVO without me presenting further and better particulars

    Hello members I have an interim IVO in place, a mentions hearing was conducted recently with a contested hearing due in March 2021. The court advised to provide further and better particulars before this date (from memory 2 weeks before, don't have the paperwork in front of me now). The ex has...
  4. M

    QLD Withdrawing Private Application for a DVO?

    Hello, I made a DVO application against my ex-partner. The order is currently only temporary and the court date has been adjourned to a later date. However, I wish to withdraw my application as circumstances have changed and wish to not carry out the DVO against him. I have been told I have...
  5. kimbapuppy

    VIC Magistrate court audio recording for use in Family Court

    My ex made false allegations in her application for a full IVO against me that also suspended the Final Parenting Orders made a month prior to the issuance of the IVO so that she gains full custody of the children so that she does not have to pay any child support. I have obtained the audio...
  6. D

    QLD Less Adversarial at Trial - Am I Making a Mistake?

    Firstly, thanks to those contributing to this forum. You've been an enormous help as I've read through other people questions and answers. I have a trial date coming up in the format of a less adversarial trial. The advice here has helped me come to my decisions on how to approach the Final...
  7. M

    QLD Magistrate wouldn't change court date

    Hi All, If you seek an adjournment in the magistrates court then the magistrate gives you a date, and you say that you cannot attend due to it being in same day as Federal Court Matter, his response was, "well if you fail to show up I will have an arrest warrant issued for you"... I ended up...
  8. Adam Mertz (Mertsee)

    SA Lying a About De Facto Relationship - Help?

    Basically can a family member lose their house through another's false allegations that they were in a gay relationship with my family member and living in the house with my family member for over six months until my family member locked them out of the house? After changing the locks, none of...
  9. PhanniIndian

    SA Video Link to Mediation in Another State - What to Do?

    Hello, I got a pastor of the Seven Day Adventist church. She put IVO on me with false allegations that I phoning her. I show phone records proving this but now she got interim orders on me because the magistrate ignored my evidence (magistrate has been reported to JCC) and I have to go now to...
  10. P

    NSW Is a magistrate able to refuse a hearing?

    I have an upcoming conciliation conference for property settlement of which the other party has prolonged and avoided at every opportunity. I am not expecting him and I to reach any agreement and I suspect he will refuse to accept what the magistrate suggests and take his chances at a trial. Is...