Queensland Consolidated Acts Queensland Consolidated ActsIn every civil cause or matter commenced in the court law and equity shall be administered by such court and shall be administered according to the rules following—
Equitable relief claimed by plaintiff to be given in all cases
(1) If any plaintiff or petitioner claims to be entitled to any equitable estate or right or to relief upon any equitable ground against any deed instrument or contract or against any right title or claim whatsoever asserted by any defendant or respondent in such cause or matter or to any relief founded upon a legal right which heretofore could only have been given by a court of equity the said court and every judge thereof shall give to such plaintiff or petitioner such and the same relief as ought to have been given by the said court in its equitable jurisdiction in a suit or proceeding for the same or the like purpose properly instituted before the passing of the Judicature Act 1876.
Equitable relief to be given to defendants
(2) If any defendant claims to be entitled to any equitable estate or right or to relief upon any equitable ground against any deed instrument or contract or against any right title or claim asserted by any plaintiff or petitioner in such cause or matter or alleges any ground of equitable defence to any claim of the plaintiff or petitioner in such cause or matter the said court and every judge thereof shall give to every equitable estate right or ground of relief so claimed and to every equitable defence so alleged such and the same effect by way of defence against the claim of such plaintiff or petitioner as the said court in its equitable jurisdiction ought to have given if the same or the like matters had been relied on by way of defence in any suit or proceeding instituted in that court for the same or the like purpose before the passing of the Judicature Act 1876.
Or such equitable relief as defendant might obtain by cross bill
(3) The said court and every judge thereof shall also have power to grant to any defendant in respect of any equitable estate or right or other matter of equity and also in respect of any legal estate right or title claimed or asserted by the defendant all such relief against any plaintiff or petitioner as such defendant shall have properly claimed by the defendant's pleading and as such court or any judge thereof might grant in any suit instituted for that purpose by the same defendant against the same plaintiff or petitioner and also all such relief relating to or connected with the original subject of the cause or matter and in like manner claimed against any other person whether already a party to the same cause or matter or not who shall have duly served with notice in writing of such claim pursuant to any rule of court or any order of the court as might properly have been granted against any such person if the person had been made a defendant to a cause duly instituted by the same defendant for the like purpose.
Other parties may be made parties by notice
(4) And every person served with any such notice shall thenceforth be deemed a party to such cause or matter with the same rights in respect of the person's defence against such claim as if the person had been duly sued in the ordinary way by such defendant.
Court to recognise equitable estates rights and liabilities
(5) The said court and every judge thereof shall recognise and take notice of all equitable estates titles and rights and all equitable duties and liabilities appearing incidentally in the course of any cause or matter depending before it in the same manner in which the said court in its equitable jurisdiction would have recognised and taken notice of the same in any suit or proceeding duly instituted therein before the passing of the Judicature Act 1876.
No injunction to restrain proceedings
(6) No cause or proceeding at any time pending in the said court shall be restrained by injunction but every matter of equity on which an unconditional injunction against the prosecution of any such cause or proceeding might have been obtained if the Judicature Act 1876 had not passed may be relied on by way of defence thereto.
Stay of proceedings may be directed either generally or on terms
(7) The said court or any judge thereof may direct a stay of proceedings in any cause or matter pending before it if the court or judge shall think fit and any person whether a party or not to any such cause or matter who would have been entitled if the Judicature Act 1876 had not passed to apply to the said court to restrain the prosecution thereof or who may be entitled to enforce by attachment or otherwise any judgment decree rule or order contrary to which all or any part of the proceedings in such cause or matter may have been taken shall be at liberty to apply to the court or a judge by motion in a summary way for a stay of proceedings in such cause or matter either generally or so far as may be necessary for the purposes of justice and the court or judge shall thereupon make such order as shall be just.
All legal claims to be recognised
(8) Subject to subsections (1) to (7) for giving effect to equitable rights and other matters of equity in manner aforesaid and to the other express provisions of this part the said court and every judge thereof shall recognise and give effect to all legal claims and demands and all estates titles rights duties obligations and liabilities existing by the common law or by any custom or created by any statute in the same manner as the same would have been recognised and given effect to by the said court if the Judicature Act 1876 had not passed.
Complete justice to be done in 1 suit so far as possible
(9) The said court and every judge thereof in the exercise of the jurisdiction conferred by this part in every cause or matter pending before them respectively shall have power to grant and shall grant either absolutely or on such reasonable terms and conditions as to them shall seem just all such remedies whatsoever as any of the parties thereto may appear to be entitled to in respect of any and every legal or equitable claim properly brought forward by them respectively in such cause or matter so that as far as possible all matters so in controversy between the said parties respectively may be completely and finally determined and all multiplicity of legal proceedings concerning any of such matters avoided.