Show Cause Bail Application Cairns — Fixed Fee
$5,500 — Fixed Fee
Show cause bail application — Cairns Magistrates Court — $5,500 Covers: conference, review of prosecution opposition material, affidavit drafting, written submissions, full hearing appearance, and post-hearing debrief. All fees +10% GST.
What "Show Cause" Means
Most bail applications in Queensland are governed by section 9 of the Bail Act 1980 (Qld), which places the onus on the prosecution to show why bail should be refused. The default position is that bail should be granted. Show cause reverses that. Under section 16 of the Bail Act 1980 (Qld), a person charged with certain categories of offence must show cause — they must affirmatively demonstrate to…
What Triggers Show Cause
Section 16 of the Bail Act 1980 (Qld) sets out the categories of offending that engage the show cause requirement. They include: Use or threatened use of a firearm, offensive weapon, or explosive substance in the commission of an indictable offence — section 16(3)(c) Offences carrying mandatory life imprisonment or mandatory indefinite sentences — section 16(3)(b) A fresh indictable offence…
What the Hearing Involves
A show cause hearing is a contested proceeding, not a mention. The prosecution files material opposing bail — typically a summary of facts, criminal history, and submissions addressing the show cause criteria. The defence files material in response. That defence material determines the outcome. The quality of the affidavit and the written submissions are what a Magistrate acts on. Oral submissions…
What Civic Law Prepares
When Civic Law acts in a show cause application, the work includes: Conference — Sacha reviews the facts, the charges, the person's residential situation, employment, family circumstances, health, and ties to Cairns. Review of prosecution material — the summary of alleged facts, criminal history, and any written opposition filed. Affidavit drafting — a sworn affidavit setting out the factual basis…
Proposing Conditions Before the Court Imposes Its Own
A show cause application is not simply an argument for release — it is also telling the court what release should look like. Prosecution concerns about reoffending, witness interference, or failure to appear are often the practical basis for bail refusal. Those concerns do not disappear by going unaddressed. Civic Law proposes conditions proactively in the application material: a specific…
If the Magistrates Court Refuses Bail
If the Magistrates Court refuses a show cause application, the matter does not end there. The Supreme Court of Queensland has concurrent jurisdiction in bail and can hear a fresh application — it is not an appeal, it is an independent application before a Supreme Court judge who approaches the material without being bound by the Magistrates Court's decision. If refusal occurs, Civic Law will…
Frequently Asked Questions
What does "show cause" mean? Show cause means the person in custody must demonstrate to the court why continued detention is not justified. The normal presumption in favour of bail is displaced. The defendant carries the onus, not the prosecution. How is this different from a standard bail application? In a standard bail application, the prosecution must show why bail should be refused. In a show…