Cairns Regional Bailiff Office

30/11/2022

Bailiffs charge the allowable fees outlined on this website, while external agents are not limited to these fees.

If a magistrates court grants costs, it will allow only these set fees to be paid—even if the agent used charged more than the court's fee.

Use the search function to find the allowable fees and the amounts you can claim. You can also find these in schedule 2, part 2 of the Uniform Civil Procedure (Fees) Regulation 2019 (Opens in new window).

The regulation also explains what other fees can be charged, such as additional travelling fees required to serve or execute the documents.

Use our online service to find the allowable fees for the service or ex*****on of civil documents in the Magistrates Court.

15/09/2022

Warrant of seizure and sale

A warrant of seizure and sale authorises an enforcement officer to enter private property and seize and sell the debtor’s real and personal property by public auction. The auction proceeds are applied to the judgment debt and associated expenses, less any existing mortgage or charge.

The warrant is issued by the court or the registrar at the courthouse where the judgment was given, ordered or filed.

The creditor can apply for a warrant without notice to another party.

30/08/2022

What is a dividing fence dispute?

A dividing fence dispute may arise if owners of adjoining properties disagree about fence construction or maintenance.

Dealing with dividing fences

Owners of adjoining properties may be equally responsible for the construction and repair of the dividing fence.

When wishing to build an adjoining fence you should give your neighbour a notice to contribute for fencing work either in person or by post.

specifying the common boundary to be fenced
specifying the kind of fence you propose building
outlining a proposal for the fence including an estimate of the cost, the neighbour’s contribution and the method of construction. As a matter of courtesy two written quotes should be supplied. This letter is called a notice to fence.
How can I resolve the dispute?
If your neighbour refuses to contribute, challenges the cost or disagrees with the type of fence or repairs, you must not go ahead and build or repair the fence. If you both cannot reach an agreement after one month of giving your neighbour a notice to fence, either of you may:

invite the other party to attend mediation which is a way of settling a dispute without legal action – the Department of Justice and Attorney-General provides a free mediation service through its Dispute Resolution Branch, or
apply to the Magistrates Court to resolve your dispute, or
apply to QCAT to resolve the dispute. QCAT hears dividing fence disputes which are valued up to and including $25,000 (excluding interest). If your dispute is about a dividing fence that is part of a pool barrier, the amount in dispute is unlimited.
Please note you cannot apply to QCAT or the Magistrates Court to resolve your dividing fence dispute unless you delivered (served) a notice to fence to your neighbour.

If you have started to construct or repair your fence without your neighbour’s agreement or authorisation through a QCAT order, you may wish to seek legal advice about your options.

Access more information on dividing fences and a step-by-step guide to dealing with neighbourhood disputes.

Fees for dividing fence disputes

Application fee
$28.60–$367.00 depending on amount claimed
For the full list of fees visit the Dividing fence disputes fee listing.

*Disclaimer – The above information was taken from the Court website as accurate in August 2022. If any changes are made by the court from that date they may not be reflected in this post.

17/08/2022

Unfortunately, it is not uncommon for some process servers on the street to impersonate an officer of the Court. There are also out-of-date websites that mislead the public away from accurate relevant information. Any appointed officer of the Magistrates Court, Supreme and District Court, when requested, must be able to provide Court issued photo identification. You can also contact the local Registry to confirm who holds the current appointment.

For more information please visit: https://www.courts.qld.gov.au/contacts/courthouses

https://cairnsbailiff.com.au/about/

09/08/2022

How to search for a court file?

Below are options for searching for files and documents used in the various Queensland Courts. See the instructions for details of what you can access in each court.

https://www.courts.qld.gov.au/services/search-for-a-court-file

21/07/2022

BAILIFF AUCTION

14/07/2022

Justices of the Peace
Justices of the Peace (JPs) are volunteers who undertake special responsibilities, such as signing documents that require a qualified witness and hearing certain types of court matters.

Their services include witnessing and certifying routine legal documents including wills, affidavits, statutory declarations and passport applications.

By performing these services, they allow lawyers and the courts to concentrate on complex legal matters.

JPs in the community signing sites across Queensland, including those in courthouses, have been suspended until further notice.

https://www.courts.qld.gov.au/services/justices-of-the-peace

https://www.qld.gov.au/law/legal-mediation-and-justice-of-the-peace/about-justice-of-the-peace/search-for-your-nearest-jp-or-cdec