SUPREME COURT OF QUEENSLAND ACT 1991 Reprinted as in force on 1 July 2009 Reprint No. 7A > TABLE OF PROVISIONS Contents Part 1--Preliminary 1. Short title 2. Dictionary 2A. Words and expressions used in Supreme Court Act, pt 13 3. Interpretation—meaning of appeal 4. Interpretation—references to Full Court etc. 6. The Crown Part 2--The court Division 1--Jurisdiction and composition 9. Jurisdiction of court not impaired etc. 11. Composition of court 12. Appointment of Chief Justice 12A. Chief Justice continues in office while judge 13. Title of Chief Justice 13A. Administrative responsibility of Chief Justice 14. Acting judges 15. Jurisdiction not affected by vacancies Division 2--Divisions of the court 16. Divisions of court etc. Division 3--Provisions relating to judges generally 21. Seniority 22. Accepting and holding of other public offices 23. Retirement of judges 26. Temporary judicial office holders 27. Entitlements of temporary judicial office holders 27AA. Protection for administrative acts Part 3--The Court of Appeal Division 1--Composition, jurisdiction and powers 28. Composition 29. Jurisdiction and powers 30. Way in which court may be constituted 31. Constitution of court if 1 judge of appeal unable to continue 32. Arrangement of business of Court of Appeal 32A. Annual report Division 2--Judges of appeal 33. Appointment 34. Judge of appeal continues to be judge 35. Judge of appeal continues in office while judge 36. Appointment of President 37. President continues in office while judge of appeal 39. Additional judges of appeal 40. Presiding judge of appeal 41. Decision 42. Reserved judgements 43. Powers of judge of appeal 44. Remuneration of judges of appeal 45. Appropriation Part 4--The Trial Division Division 1--Jurisdiction and powers 55. Composition, jurisdiction and powers of Trial Division 56. Single judge to constitute the court Division 2--Senior Judge Administrator and other judges 57. Appointment of Senior Judge Administrator 58. Senior Judge Administrator continues to be judge 59. Senior Judge Administrator continues in office while judge 60. Arrangement of business of Trial Division 61. Annual report Part 5--Removal and remission 68. Removal and remission Part 6--Appeals to Court of Appeal 69. Appeal in proceedings in the court 70. Disqualification of judge of appeal Part 7--Provisions applying to Supreme Court, District Court and Magistrates Courts Division 1--Preliminary 71. Application of pt 7 72. Definition for pt 7 Division 2--Procedural Subdivision 1--Constitution of District Court by judicial registrar 73. Judicial registrar's power to hear and decide applications Subdivision 2--Removal of proceedings 74. Removal to Supreme Court 75. Removal to Magistrates Court 76. Costs Division 3--Conferences 77. Resolution agreement 78. Confidentiality Division 4--Orders 79. Court's power to make orders or give directions 80. Court able to impose appropriate conditions 81. Amendment for new cause of action or party 82. Order binds persons who are represented 83. Interpleader orders 84. Effect of default judgement 85. Dismissal of proceedings for want of prosecution Division 5--Enforcement Subdivision 1--Enforcement generally 86. Demand for compliance unnecessary 87. Interest recoverable on enforcement 88. Variation of order in partnership name 89. Enforcement against partnership 90. Variation of order in business name 91. Enforcement against property of a business Subdivision 2--Enforcement warrants 92. Period of enforcement warrant 93. Payment under enforcement warrant 93A. Enforcement warrant 93B. Securities held by enforcement officer 93C. Redirection of joint funds 93D. State debts 93E. Redirection of partnership debts 93F. Account with financial institution 93G. Enforcement against the third person Subdivision 3--Offences 93H. Employment protection if enforcement warrant for redirection of earnings Subdivision 4--Non-attendance 93I. Attendance of individuals 93J. Attendance of corporation 93K. Noncompliance is contempt of court 93L. Issue of warrant for defendant's arrest Division 5A--Costs assessors 93LA. Ordinary protection and immunity allowed 93LB. Preservation of confidentiality 93LC. Preservation of privilege Division 6--Miscellaneous 93M. Proceeding if grant of representation when originating process issues 93N. Proceeding if no grant of representation when originating process issues 93O. Delegation by registrar Part 8--ADR processes Division 1--Preliminary 94. Objects of part Division 2--Important terms 95. ADR process 96. Mediation 97. Case appraisal Division 3--Establishment of ADR processes 98. Approval of mediators 99. Approval of case appraisers 100. ADR register 101. Parties may agree to ADR process 102. Court may consider and order reference to ADR process 103. Parties must attend at ADR process if Supreme Court orders 104. Procedure at case appraisal 105. Subpoenas Division 4--Party unable to pay share of costs 106. Party unable to pay share of costs Division 5--What to do when ADR process is finished 107. Mediated resolution agreement 108. Mediator to file certificate 109. Case appraiser to file certificate and decision 110. Orders giving effect to mediation agreement 111. Orders giving effect to case appraiser's decision Division 6--Confidentiality, protection and immunity 112. ADR convenors to maintain secrecy 113. Ordinary protection and immunity allowed 114. Admissions made to ADR convenors Division 7--Miscellaneous 115. Revocation of approval as mediator or case appraiser 116. Appeal against refusal to approve and revocation of approval as mediator or case appraiser Part 8A--Use of video link facilities 116A. Purpose of part 116B. Definitions for part 116C. Use of video link facilities in proceedings 116D. Detainee taken to be before the court 116E. Way video link facilities must be operated 116F. Facilities for private communication 116G. Variation or revocation of order Part 8B--Provision from Legal Practitioners Act 1995 116H. Relocation 116I. Revival of order for payment of costs Part 9--Rules of court and practice directions for the Supreme Court, the District Court and the Magistrates Courts 117. Definition for pt 9 118. Rule-making power 118A. Rules committee may approve forms 118B. Court rules are exempt from RIS requirements and automatic expiry 118C. Rules Committee 118D. Practice directions 118E. Directions or orders about a proceeding Part 10--Miscellaneous 119. Order etc. on terms 119A. Supreme Court precincts 119B. Annual report 119C. Finances and staffing of court 119D. Judicial office subject to Constitution of Queensland 2001 120. Regulation-making power Part 11--Transitional provisions 121. Seniority of first judges of appeal 123. Part heard proceedings etc. 124. References to Senior Puisne Judge 125. Leave granted to appeal 126. Court may resolve difficulties 127. Transitional provisions for Courts Reform Amendment Act 1997 128. No distinction between court and chambers for Supreme Court, District Court and Magistrates Courts 129. Abolition of old enforcement processes 130. Outdated references 132. Judicial registrar may exercise certain judicial or quasi-judicial power of registrar 133. References to taxation of costs 134. Act to prevail over Supreme Court Act 1995 135. Application of Uniform Civil Procedure Rules 136. Transitional—abolition of Circuit Courts 137. Saving of former court rules—Civil Justice Reform Act 1998 138. Transitional provision for Constitution of Queensland 2001 SCHEDULE 1 SUBJECT MATTER FOR RULES Part 1--General 1. Jurisdiction generally Part 2--Civil proceedings 2. Starting civil proceedings 3. Parties and proceedings 4. Notices of intention to defend 5. Service of documents 6. Pleadings 7. Disclosure 8. Preservation of rights and property 9. Ending proceedings early 10. Court supervision 11. Evidence 12. Jurisdiction of judicial registrars and registrars 13. Trials and other hearings 14. Particular proceedings 15. Probate 16. Contempt of court 16A. Vexatious proceedings 17. Trusts 18. Costs 19. Appeals, applications and cases stated to Court of Appeal 20. Enforcement of money orders 21. Reciprocal enforcement of foreign judgements 22. Corporations 23. Miscellaneous matters Part 3--Criminal proceedings 24. Practice and procedure in criminal jurisdiction Part 4--Miscellaneous 25. Matter used in proceedings SCHEDULE 2 DICTIONARY Endnotes - LONG TITLE An Act relating to the Supreme Court of Queensland and, for certain matters including enforcement of orders and rules of court, relating to that court, the District Court and the Magistrates Courts 1 Short title This Act may be cited as the Supreme Court of Queensland Act 1991. 2 Dictionary The dictionary in schedule 2 defines particular words used in this Act. 2A Words and expressions used in Supreme Court Act, pt 13 Words and expressions used in the Supreme Court Act 1995, part 13 have the same respective meanings as in this Act. 3 Interpretation--meaning of appeal For the purposes of this Act, a proceeding in the court under an Act-- (a) is an appeal if described in that Act, or in any statutory rule made under that Act, as an appeal; and (b) subject to the rules, is not an appeal if not so described. 4 Interpretation--references to Full Court etc. In an Act (other than this Act) or the rules a reference to the Full Court or Court of Criminal Appeal is a reference to the Court of Appeal. 6 The Crown The Crown in all its capacities is bound by, and has the benefit of, this Act. 9 Jurisdiction of court not impaired etc. Except as provided in this Act, this Act does not take away, lessen or impair any jurisdiction or power that was, immediately before the commencement of this section, vested in or capable of being exercised by the court or 1 or more judges. 11 Composition of court The court consists of a Chief Justice, a President of the Court of Appeal, other judges of appeal, a Senior Judge Administrator, and such judges as are appointed by the Governor in Council. 12 Appointment of Chief Justice (1) The Governor in Council may, by commission, appoint a judge to be Chief Justice. (2) A judge may be appointed Chief Justice either at the time of the person's appointment as a judge or at any time afterwards. 12A Chief Justice continues in office while judge (1) The Chief Justice holds office as Chief Justice while the person holds office as a judge. (2) The Chief Justice may resign office as Chief Justice without resigning office as a judge. 13 Title of Chief Justice The Chief Justice is called the Chief Justice of Queensland. 13A Administrative responsibility of Chief Justice (1) Without limiting the responsibilities, functions or powers of the Chief Justice, the Chief Justice, subject to this Act, is responsible for the administration of the Supreme Court and its divisions and the orderly and expeditious exercise of the court's jurisdiction and power. (2) Subject to this Act, the Chief Justice has power to do all things necessary or convenient to be done to perform responsibilities under subsection (1). 14 Acting judges (1) If a judge is or will be on leave, or otherwise absent, or is or will be, for any reason, unable to perform the functions of the office, the Governor in Council, after consultation between the Minister and the Chief Justice, may, by commission, appoint a person who is qualified to be appointed as a judge to act as a judge for such period (not longer than 6 months) as is specified in the commission. (2) If the Chief Justice certifies that it is desirable that 1 or more persons be appointed to act as a judge to assist in ensuring the orderly and expeditious exercise of the jurisdiction and powers of the court in the Trial Division, the Governor in Council may, by commission, appoint 1 or more persons, who is or are qualified to be appointed as a judge to act as a judge for such period (not longer than 6 months) as is specified in the commission or commissions. (2A) The Governor in Council may, by commission, appoint either of the following persons to act as a judge for up to 1 year-- (a) a person who is, or has been, a judge of the Supreme Court of another State or Territory; (b) a person who is, or has been, a judge of the Federal Court of Australia. (3) While a person is acting as a judge-- (a) the person has all the powers and functions of a judge; and (b) this Act and other Acts apply to the person as if the person were a judge. (4) The Governor in Council may determine the remuneration to be paid and provided in relation to a person who acts as a judge (not being less than the remuneration paid and provided to a judge). (5) The fact that a person who holds a commission to act as a judge sits and otherwise acts as a judge is sufficient evidence of the person's authority to do so. (6) A person who has acted as a judge may attend sittings of the court for the purpose of giving judgement in, or otherwise completing, a proceeding that was heard by the person while the person was acting as a judge, despite the fact that the person is no longer a judge. 15 Jurisdiction not affected by vacancies The jurisdiction of the court, or of a division of the court, is not affected by a vacancy in any office in the court. 16 Divisions of court etc. (1) The court is divided into-- (a) the office of the Chief Justice; and (b) 2 divisions, namely, the Court of Appeal and the Trial Division. (2) The Chief Justice may sit as, and exercise the powers and perform the functions of, a judge in either division of the court. 21 Seniority (1) The Chief Justice is senior to all other judges of the court. (2) The President of the Court of Appeal is senior to all other judges of the court apart from the Chief Justice. (3) Subject to section 121 (Seniority of first judges of appeal), judges of appeal have seniority after the President of the Court of Appeal, and have seniority in relation to each other according to the dates of their commissions as judges of appeal. (4) Subject to section 121 (Seniority of first judges of appeal), if the commissions of 2 or more judges of appeal have the same date, the judges of appeal have seniority in relation to each other according to the seniority assigned by their commissions or, in the absence of such an assignment, according to the order of their being sworn in. (5) The Senior Judge Administrator has seniority after the judges of appeal. (6) The remaining judges have seniority in relation to each other according to the dates of their commissions. (7) If the commissions of 2 or more judges have the same date, the judges have seniority in relation to each other according to the seniority assigned by their commissions or, in the absence of such an assignment, according to the order of their being sworn in. (8) In subsections (6) and (7), a reference to a judge includes a judge who has ceased to be the Senior Judge Administrator. 22 Accepting and holding of other public offices (1) Subject to this section, a judge may accept and hold another public office. (2) A judge who accepts another public office-- (a) must immediately notify the Attorney-General in writing; and (b) must immediately resign the other public office if the Governor in Council determines, after consultation between the Attorney- General and the Chief Justice, that the holding of that office, or the conditions on which it is held, would be inconsistent with the proper discharge of the office of a judge. (3) A judge may receive remuneration in relation to the acceptance or holding of another public office only with the approval of the Governor in Council. (4) In this section-- public office includes-- (a) an office or appointment granted or made by the Government of the Commonwealth, another State or a Territory; and (b) an office or appointment in or in relation to a university or other educational institution, a hospital or a charitable institution. 23 Retirement of judges (1) A judge must retire on reaching 70 years of age. (2) Despite subsection (1), a judge who, before retiring, whether or not because of subsection (1), starts the hearing of a proceeding remains a judge for the purposes of finishing the proceeding. 26 Temporary judicial office holders (1) When-- (a) the office of Chief Justice, President of the Court of Appeal or Senior Judge Administrator is vacant; or (b) the Chief Justice, the President of the Court of Appeal or the Senior Judge Administrator is, for any reason, unable to discharge the person's office; the next most senior judge, who is willing, is to act in the office. (2) When the Chief Justice, the President of the Court of Appeal or the Senior Judge Administrator is on leave or otherwise absent or is, for any other reason, unable to perform all of the ordinary functions of the person's office, the next most senior judge, who is willing, is to perform the functions of the office that the person is unable to perform. (3) While a judge is acting in a more senior judicial office-- (a) the judge has all the powers and functions of the office; and (b) this Act and other Acts apply to the judge as if the judge were the holder of the office. (4) While a judge is performing functions of a more senior judicial office, then, to the extent necessary to enable the person to perform the functions-- (a) the judge has all the powers and functions of the office; and (b) this Act and other Acts apply to the judge as if the judge were the holder of the office. (5) The fact that a judge acts in, or performs functions of, a more senior judicial office is sufficient evidence of the judge's authority to do so. (6) Anything done by a judge in purporting to act in, or perform functions of, a more senior judicial office is not invalid merely because the occasion for the judge to act in, or perform functions of, the office had not arisen or had ceased. 27 Entitlements of temporary judicial office holders (1) Subject to subsection (2), a judge who acts in, or performs functions of, a more senior judicial office under section 26 or 39 is not entitled to receive additional remuneration for doing so. (2) The Governor in Council may determine that a judge who acts in, or performs functions of, a more senior judicial office under section 26 or 39 is to receive specified additional remuneration (not being more than the remuneration of the office concerned) for doing so. 27AA Protection for administrative acts A judge has, in the performance or exercise of an administrative function or power conferred on the judge under an Act, the same protection and immunity as a judge has in a judicial proceeding in the court. 28 Composition The Court of Appeal consists of-- (a) the President of the Court of Appeal; and (b) not less than 3, nor more than 5, other judges of appeal. 29 Jurisdiction and powers (1) Subject to this Act, the Court of Appeal has jurisdiction to hear and determine all matters that, immediately before the commencement of this section, the Full Court had jurisdiction to hear and determine. (2) The Court of Appeal has such additional jurisdiction as is conferred on it by or under this Act, another Act or a Commonwealth Act. (3) The Court of Appeal may, in proceedings before it, exercise every jurisdiction or power of the court, whether at law or in equity or under any Act, Commonwealth Act or Imperial Act. 30 Way in which court may be constituted (1) Subject to this Act, any 3 or more judges of appeal constitute, and may exercise all the jurisdiction and powers of, the Court of Appeal. (2) More than 1 Court of Appeal may sit at the same time. (3) When more than 1 Court of Appeal is sitting at the same time, each may exercise the jurisdiction and powers of the Court of Appeal. (4) A rule of court may provide that the jurisdiction and powers of the Court of Appeal may, in particular kinds of proceedings, be exercised by fewer than 3 judges of appeal. 31 Constitution of court if 1 judge of appeal unable to continue (1) If-- (a) after the Court of Appeal (including the court constituted under this section) has started the hearing, or further hearing, of a proceeding; and (b) 1 of the judges constituting the court dies, resigns as a judge, or is certified as incapable of sitting before the proceeding has been determined; the hearing and determination of the proceeding may be finished by the remaining judges if at least 2 judges remain. (1A) A judge is certified as incapable of sitting if the Chief Justice or the President of the Court of Appeal has issued a certificate stating that the judge is incapable of sitting. (2) The Court of Appeal constituted under this section may have regard to any evidence given or received, and arguments adduced, by or before the Court of Appeal as previously constituted. (3) Any question in the proceeding is to be decided in the same way, and the judgement of the Court of Appeal constituted under this section has the same force and effect, as if the court were not constituted under this section. 32 Arrangement of business of Court of Appeal (1) Subject to section 13A, the President of the Court of Appeal is responsible for the administration of the Court of Appeal and for ensuring the orderly and expeditious exercise of the jurisdiction and powers of the Court of Appeal. (2) Subject to this Act, the President has power to do all things necessary or convenient to be done for ensuring the orderly and expeditious exercise of the jurisdiction and powers of the Court of Appeal. 32A Annual report (1) As soon as practicable after the end of each financial year, but within 2 months after the end of the financial year, the President of the Court of Appeal must prepare and give to the Chief Justice a written report about the operation of the Court of Appeal during the year. (2) The report must be prepared in consultation with the other judges of appeal, other than the judges of appeal who are absent from duty or otherwise unavailable. 33 Appointment (1) The Governor in Council may, by commission, appoint a judge to be a judge of appeal. (2) A judge may be appointed to be a judge of appeal either at the time of the person's appointment as a judge or at any time afterwards. 34 Judge of appeal continues to be judge A judge of appeal continues to be a judge, and may, with the consent of the Chief Justice, sit as, and exercise any of the powers of, a judge in the Trial Division. 35 Judge of appeal continues in office while judge (1) A judge of appeal holds office as a judge of appeal while the person holds office as a judge. (2) A judge of appeal may resign office as a judge of appeal without resigning office as a judge. 36 Appointment of President (1) The Governor in Council may, by commission, appoint a judge of appeal to be the President of the Court of Appeal. (2) A judge of appeal may be appointed to the President of the Court of Appeal either at the time of the person's appointment as a judge of appeal or at any time afterwards. (3) To remove any doubt, it is declared that the Governor in Council may act under section 33 and this section to appoint a judge, or a person qualified to be appointed as a judge, to be the President of the Court of Appeal. 37 President continues in office while judge of appeal (1) The President of the Court of Appeal holds office as President while the person holds office as a judge of appeal. (2) The President may resign office as President without resigning office as a judge of appeal. 39 Additional judges of appeal (1) If a judge of appeal is on leave, or otherwise absent, or is, for any reason, unable to perform the functions of the office, the Governor in Council, after consultation between the Minister and the Chief Justice, may, by commission, appoint a judge to act as an additional judge of appeal for such period (not longer than 6 months) as is specified in the commission. (2) A judge who is willing to act as an additional judge of appeal for a particular period, or for the purposes of a particular proceeding, may so act if the Chief Justice directs it. (3) While a judge is acting as a judge of appeal-- (a) the judge has all the powers and functions of a judge of appeal; and (b) this Act and other Acts apply to the judge as if the judge were a judge of appeal. (4) The fact that a judge sits and otherwise acts as an additional judge of appeal is sufficient evidence of the judge's authority to do so. (5) Anything done by or in relation to a judge while the judge is purporting to act as judge of appeal is not invalid merely because the occasion for the judge to act had not arisen or had ceased. (6) A judge who has acted as an additional judge of appeal may attend sittings of the Court of Appeal for the purpose of giving judgement in, or otherwise completing, a proceeding that was heard by the Court of Appeal while the judge was acting, despite the fact that the judge is no longer a judge of appeal. 40 Presiding judge of appeal (1) At a sitting of the Court of Appeal at which the Chief Justice is present, the Chief Justice is to preside. (2) At a sitting of the Court of Appeal at which the Chief Justice is not present, the President of the Court of Appeal is to preside. (3) At a sitting of the Court of Appeal at which neither the Chief Justice nor the President of the Court of Appeal is present, the senior judge of appeal present is to preside. 41 Decision The decision of the Court of Appeal is to be in accordance with-- (a) if the judges present at the hearing are equally divided in opinion--the opinion of the judge who, at the start of the hearing, was the most senior judge; or (b) otherwise--the opinion of the majority of judges present at the hearing. 42 Reserved judgements (1) If a proceeding is set down for judgement, it is not necessary for all or any of the judges of appeal before whom it was heard to be present in court to state their opinions on the proceeding when the judgement is obtained. (2) The opinion of any of the judges of appeal may be reduced to writing and may be made public by any judge of appeal at a sitting of the Court of Appeal at which judgement in the proceeding is delivered. (3) A question in the proceeding is to be decided in the same way, and the judgement of the Court of Appeal has the same effect, as if each judge of appeal whose opinion is so made public had been present in court and declared his or her opinion in person. (4) For the purpose of delivering judgement under this section, the Court of Appeal may be constituted by a single judge of appeal who need not have been present at the hearing. 43 Powers of judge of appeal (1) A judge of appeal may exercise the powers of the Court of Appeal-- (a) to give a judgement by consent or make an order by consent; and (b) to dismiss an appeal or other proceeding for want of prosecution or for other cause specified in an Act or a rule of court about the practices and procedures of the Court of Appeal; and (c) to dismiss an appeal or other proceeding on the application of the appellant, applicant or plaintiff; and (d) to deal with matters incidental to the matters mentioned in paragraphs (a) to (c). (2) A judge of appeal may exercise the powers of the Court of Appeal-- (a) to make an order or give a direction concerning the institution of an appeal or other proceeding in the Court of Appeal; or (b) to make an order or give a direction in an appeal or other proceeding, other than an order or direction involving the determination or decision of the appeal or other proceeding. (3) Subsection (2) does not limit the powers that a judge of appeal may exercise under subsection (1). (4) The Court of Appeal may discharge or vary-- (a) a judgement given by a judge of appeal; or (b) an order made or direction given by a judge of appeal. (5) Subject to subsection (4), a judgement, order or direction given or made by a judge of appeal has effect as a judgement, order or direction of the Court of Appeal, whether or not the judgement, order or direction is within the powers of the judge of appeal under this section. 44 Remuneration of judges of appeal Subject to this Act, the salary, allowances and other remuneration of the President of the Court of Appeal and the other judges of appeal is to be determined, paid and provided in accordance with-- (a) the Constitution of Queensland 2001, section 62; and (b) the Supreme Court Act 1995, section 227; and (c) the Judges (Pensions and Long Leave) Act 1957; and (d) the Judicial Remuneration Act 2007. 45 Appropriation Amounts payable in accordance with section 44 are payable out of the consolidated fund, which is appropriated accordingly. 55 Composition, jurisdiction and powers of Trial Division (1) The Trial Division of the court consists of the judges of the court other than the Chief Justice, the President of the Court of Appeal and the other judges of appeal. (2) The jurisdiction and powers of the court that are not required to be exercised only by the Court of Appeal may be exercised by the court in the Trial Division. 56 Single judge to constitute the court (1) All proceedings in the Trial Division are to be heard and disposed of before a single judge. (2) For those proceedings, the judge constitutes, and is to exercise all the jurisdiction and powers of, the court. (3) The court, including the court as constituted by a master, may be constituted at any place. (4) This section does not affect the hearing and disposal of proceedings before a master, registrar or other officer of the court in accordance with an Act or the rules. (5) This section does not affect any right to trial by jury under an Act, the rules or a practice of the court. 57 Appointment of Senior Judge Administrator (1) The Governor in Council may, by commission, appoint a judge to be Senior Judge Administrator. (2) The appointment of a Senior Judge Administrator may be for a term (not less than 5 years) specified in the commission. (3) A judge may be appointed Senior Judge Administrator either at the time of the person's appointment as a judge or at any time afterwards. 58 Senior Judge Administrator continues to be judge The Senior Judge Administrator continues to be a judge, and may sit as, and exercise any of the powers of, a judge. 59 Senior Judge Administrator continues in office while judge (1) Subject to subsection (2), the Senior Judge Administrator holds office as Senior Judge Administrator while the person holds office as a judge. (2) A person who is the Senior Judge Administrator vacates the office-- (a) if the person is appointed as Chief Justice, President of the Court of Appeal or another judge of appeal; or (b) if the person was appointed as Senior Judge Administrator for a specified term--when the term ends. (3) The Senior Judge Administrator may resign office as Senior Judge Administrator without resigning office as a judge. 60 Arrangement of business of Trial Division (1) Subject to section 13A, the Senior Judge Administrator is responsible to the Chief Justice for the administration of the court in the Trial Division and for ensuring the orderly and expeditious exercise of the jurisdiction and powers of the court in the Trial Division. (2) Subject to this Act and other Acts, the Senior Judge Administrator has power to do all things necessary or convenient to be done for the administration of the court in the Trial Division and for ensuring the orderly and expeditious exercise of the jurisdiction and powers of the court in the Trial Division. 61 Annual report (1) As soon as practicable after the end of each financial year, but within 2 months after the end of the financial year, the Senior Judge Administrator must prepare and give to the Chief Justice a written report about the operation of the Trial Division during the year. (2) The report must be prepared in consultation with the other judges of the Trial Division, other than the judges who are absent from duty or otherwise unavailable. 68 Removal and remission (1) If a proceeding is started in another court, but is a proceeding that is required to be heard and determined only by the Court of Appeal-- (a) the proceeding is taken to have been duly started when it was started in the other court; and (b) the Court of Appeal may, on application by a party or of its own motion, order that the proceeding be removed into the Court of Appeal; and (c) on an order being made under paragraph (b), the proceeding must be continued and disposed of in the Court of Appeal; and (d) subject to any order under paragraph (b), the proceeding may be continued and disposed of in the other court. (2) If a proceeding is started in the Court of Appeal, but is a proceeding that the Court of Appeal considers could be more conveniently heard and determined in another court-- (a) the proceeding is taken to have been duly started when it was started in the Court of Appeal; and (b) the Court of Appeal may, on application by a party or of its own motion, order that the proceeding be remitted to the other court; and (c) on an order for remission being made under paragraph (b), the proceeding must be continued and disposed of in the other court; and (d) subject to any order under paragraph (b), the proceeding may be continued and disposed of in the Court of Appeal. (3) If a proceeding is pending before the Court of Appeal, the Court of Appeal may, on application by a party or of its own motion, order that the whole or a part of the proceeding be remitted to another court for the determination (by trial or otherwise) of the proceeding or any question of fact or law arising in the proceeding. (4) Subject to section 69, the Court of Appeal may accept any determination of the other court in whole or part. (5) If a proceeding (whether by way of appeal or otherwise), or a proceeding on a stated case (other than a case stated by another court), is started in the other court-- (a) the Court of Appeal, if satisfied that special circumstances exist that make it desirable to do so, may, on application by a party or of its own motion, order that the proceeding be removed into the Court of Appeal; and (b) on an order being made under paragraph (a), the proceeding must be continued and disposed of in the Court of Appeal. (6) A proceeding may be removed into the Court of Appeal under this section despite any decision or determination in the proceeding being expressed by an Act to be final or without appeal. (7) In this section-- another court means the Trial Division or a District Court. 69 Appeal in proceedings in the court (1) Subject to this and any other Act, an appeal lies to the Court of Appeal from-- (a) any judgement or order of the court in the Trial Division; and (b) without limiting paragraph (a)-- (i) a judgement or order of the court in the Trial Division made under this Act; and (ii) any opinion, decision, direction or determination of the court in the Trial Division on a stated case; and (iii) any determination of the court in the Trial Division or a District Court in a proceeding remitted under section 68. (2) Subject to any other Act, a rule of court may provide that leave to appeal is required in proceedings specified in the rule. 70 Disqualification of judge of appeal A judge must not sit in judgement on the hearing of an appeal from a judgement given, or an order made, by the judge. 71 Application of pt 7 (1) Unless this Act otherwise expressly provides, this part applies to the Supreme Court, District Court and Magistrates Courts. (2) This part applies to civil proceedings and proceedings in relation to contempt of court. 72 Definition for pt 7 In this part-- court means, if otherwise appropriate-- (a) in the context of the Supreme Court--the Supreme Court; or (b) in the context of the District Court--the District Court; or (c) in the context of the Magistrates Courts--a Magistrates Court. 73 Judicial registrar's power to hear and decide applications (1) A judicial registrar may hear and decide an application prescribed under the Uniform Civil Procedure Rules for this section. (2) For those applications, the judicial registrar constitutes, and may exercise all the jurisdiction and powers of, the District Court. (3) However, a judicial registrar may not exercise any power of the District Court to punish for contempt. Note-- judicial registrar means a judicial registrar of the District Court-- see schedule 2. 74 Removal to Supreme Court (1) The Supreme Court may order a proceeding pending in a Magistrates Court be transferred to the Supreme Court. (2) A transfer under subsection (1) may be subject to conditions. 75 Removal to Magistrates Court (1) The Supreme Court may transfer to a Magistrates Court a proceeding pending in the Supreme Court that is within the jurisdiction of a Magistrates Court. (2) If a proceeding is transferred to a Magistrates Court, that court may hear and decide the matter as if the proceeding had been started in a Magistrates Court. 76 Costs Unless the court orders otherwise, if a proceeding is transferred under this division, costs are in accordance with the scale of costs for the court in which the proceeding was pending when the costs were incurred. 77 Resolution agreement (1) If, at a relevant conference, the parties agree on a resolution of their dispute or part of it, the agreement must be written down and signed by or for each party and the court. (2) The agreement has the same effect as another compromise. (3) In this section-- relevant conference means-- (a) a directions conference; or (b) a conference required under the Uniform Civil Procedure Rules because there is a claim for damages for personal injury or death. 78 Confidentiality (1) Evidence of anything done or said, an admission made, or a document tendered, at a relevant conference about a dispute is admissible at the trial of the dispute or before another civil proceeding in the court or elsewhere only if-- (a) all the parties to the dispute agree; or (b) the evidence is a resolution agreement under section 77. (2) In subsection (1)-- civil proceeding does not include a civil proceeding founded on fraud alleged to be connected with, or to have happened during, the directions conference. relevant conference means-- (a) a directions conference; or (b) a conference required under the Uniform Civil Procedure Rules because there is a claim for damages for personal injury or death. 79 Court's power to make orders or give directions (1) This section applies to a court in making an order or giving a direction under this Act. (2) Unless otherwise stated in this Act, the court may make the order or give the direction on its own initiative or on an application made to it under this Act. 80 Court able to impose appropriate conditions If a court has power to make an order, give a direction or leave, or do another thing, the court may make the order, give the direction or leave, or do the other thing on the conditions the court considers appropriate. 81 Amendment for new cause of action or party (1) This section applies to an amendment of a claim, anything written on a claim, pleadings, an application or another document in a proceeding. (2) The court may order an amendment to be made, or grant leave to a party to make an amendment, even though-- (a) the amendment will include or substitute a cause of action or add a new party; or (b) the cause of action included or substituted arose after the proceeding was started; or (c) a relevant period of limitation, current when the proceeding was started, has ended. (3) Despite subsection (2), the rules of court may limit the circumstances in which amendments may be made. (4) This section applies despite the Limitation of Actions Act 1974. 82 Order binds persons who are represented (1) This section applies to an order made in a proceeding started and continued by or against 1 or more persons (the representative party) who have the same interest in the proceeding as representing all of the persons who have the same interest and could have been parties in the proceeding. (2) Unless the court orders otherwise, in addition to binding the parties to the proceeding, the order binds the persons who have the same interest as the representative party and could have been parties in the proceeding. (3) The order may be enforced against a person not named as a party only with the court's leave. 83 Interpleader orders (1) On an application for relief by way of interpleader, the court may do 1 or more of the following-- (a) if a proceeding is pending against the applicant--order a claimant be included as a defendant in the proceeding in addition to or in substitution for the applicant; (b) order a question between the claimants be stated and tried and direct which of the claimants is to be the plaintiff and which the defendant and give any necessary directions for the trial; (c) order the applicant to pay or transfer all or any of the property in dispute or the proceeds of sale into court or otherwise dispose of the property or proceeds of sale; (d) if a claimant claims to be entitled to any of the property by way of security for a debt--make orders for the sale of all or part of the property and for the application of the proceeds of sale; (e) decide summarily a question of law or fact arising on the application; (f) make an order it considers appropriate, including an order finally disposing of all issues arising in the proceeding. (2) If-- (a) an application for relief by way of interpleader is made; and (b) several proceedings are pending in the court for or about any or all of the property in dispute; and (c) the court makes an order in any 2 or more of the proceedings; the order is binding on all the parties to all the proceedings to which it applies. 84 Effect of default judgement A default judgement given by a registrar has the same effect as if it were a judgement given by the court. 85 Dismissal of proceedings for want of prosecution (1) This section applies to the District Court and Magistrates Courts. (2) If 2 years have passed since the last step was taken in a proceeding, the court may dismiss the proceeding. (3) For this section, an application on which no order was made is taken not to be a step. 86 Demand for compliance unnecessary (1) It is not necessary to demand compliance with an order before starting enforcement proceedings for the order. (2) If, under an Act, the rules or an order of the court, an order must be served on a person before the order may be enforced against the person, the order may be served without a demand for compliance. 87 Interest recoverable on enforcement The rate of interest payable on a money order debt is the rate set under the Supreme Court Act 1995, section 48, or, if the parties agree to a higher rate of interest, the higher rate. 88 Variation of order in partnership name Despite section 89, the court may vary an order against a partnership in the partnership name to make it an order against the persons who were partners when the cause of action arose. 89 Enforcement against partnership (1) An order against partners suing or sued in the name of the partnership may be enforced against any 1 or more of the following-- (a) partnership property; (b) a partner who filed a notice of intention to defend; (c) a person who has admitted being a partner; (d) a person who the court has decided is a partner; (e) a person who has been individually served as a partner with the originating process and who has not filed a notice of intention to defend. (2) This section has effect subject to the Partnership Act 1891, section 65. 90 Variation of order in business name Despite section 91, the court may vary an order, in relation to a business, made in the name or style under which 1 or more persons carry on the business (whether or not the name or style is registered under the Business Names Act 1962), to make it an order against a person carrying on the business. 91 Enforcement against property of a business (1) This section applies if-- (a) a proceeding is brought against a person in relation to a business carried on by the person under a name or style other than the person's own name (whether or not the name or style is registered under the Business Names Act 1962); and (b) the proceeding is started in the name or style under which the person carries on business; and (c) the proceeding is continued by the court's leave. (2) An order in the proceeding may be enforced against any property of the person carrying on the business. 92 Period of enforcement warrant An enforcement warrant ends 1 year after it issues unless the warrant states that it ends at an earlier time. 93 Payment under enforcement warrant A payment under an enforcement warrant discharges the person making the payment to the extent of the payment. 93A Enforcement warrant (1) To enforce an order (the original order) (but not an order for the payment of money into court), a person entitled to enforce the original order may obtain an enforcement warrant from the court. (2) An enforcement warrant may contain any order directed to enforcing the original order including an order authorising-- (a) an enforcement officer to seize and sell in satisfaction of a money order debt all real and personal property (other than exempt property) in which an enforcement debtor has a legal or beneficial interest; or (b) redirection to an enforcement creditor of certain debts, belonging to an enforcement debtor, from a third person; or (c) redirection to an enforcement creditor of particular earnings, of an enforcement debtor, from a third person; or (d) satisfaction of a money order debt by instalment payments by an enforcement debtor; or (e) an enforcement officer to enter and deliver possession of land; or (f) an enforcement officer to seize and deliver specified goods; or (g) an enforcement officer to seize and detain property. (3) An enforcement warrant may contain more than 1 order directed to enforcing the original order and may be issued to enforce an original order that is a money order and a non-money order. (4) However, only the Supreme Court may issue an enforcement warrant containing a charging order. (5) In this section-- charging order includes an order charging all or part of an enforcement debtor's legal or equitable interest in 1 or more of the following-- (a) annuities; (b) debentures; (c) stocks; (d) bonds; (e) shares; (f) marketable securities; (g) prescribed interests; (h) units of shares, marketable securities or prescribed interests. 93B Securities held by enforcement officer (1) This section applies if an enforcement officer seizes cheques, bills of exchange, promissory notes, specialties or other securities for money (the seized documents) under an enforcement warrant to enforce a money order. (2) The enforcement officer holds the seized documents as security for the amount to be recovered under the enforcement warrant for the benefit of the enforcement creditor. (3) The enforcement officer may receive an amount payable under a seized document from the person liable under it. (4) The Uniform Civil Procedure Rules may make provision about proceedings to recover amounts under a seized document, including who may start a proceeding. 93C Redirection of joint funds (1) This section applies if the debt belonging to the enforcement debtor is a fund of money owned by the enforcement debtor and others (a joint fund). (2) An enforcement warrant may authorise redirection to an enforcement creditor of a joint fund to the extent of the enforcement debtor's entitlement. (3) Unless, on application of a fund owner or enforcement creditor, the court decides the actual beneficial entitlement of each fund owner, it is presumed a joint fund is owned by the fund owners in equal shares. 93D State debts (1) If the debt belonging to an enforcement debtor is from a public sector unit and payable out of the consolidated fund or moneys controlled by the public sector unit (a State debt), an application for an enforcement warrant and the enforcement warrant must name the chief executive, by title, of the public sector unit as the third person in whose hands the State debt is redirected. (2) Subsection (1) applies despite the Crown Proceedings Act 1980, section 8. (3) In this section-- public sector unit means any of the following-- (a) a department or part of a department; (b) a public service office or part of a public service office; (c) an agency, authority, commission, corporation, instrumentality, office, or other entity, established under an Act or under State authorisation for a public or State purpose; (d) a part of an entity mentioned in paragraph (c). 93E Redirection of partnership debts A court may issue an enforcement warrant authorising redirection to an enforcement creditor of certain debts, belonging to an enforcement debtor, from a partnership carrying on business in Queensland even if a partner resides outside Queensland. 93F Account with financial institution (1) An amount standing to the credit of an enforcement debtor in an account in a financial institution is, for enforcing a money order, a debt payable to the enforcement debtor, even if any of the following conditions applicable to the account have not been satisfied-- (a) a condition requiring a demand or notice to be made before an amount is withdrawn; (b) a condition requiring a personal application to be made before an amount is withdrawn; (c) a condition requiring the production of a deposit book or a receipt for an amount deposited in the account before an amount is withdrawn; (d) a similar condition. (2) Subsection (1) applies, with any changes necessary, to an amount that is placed to the credit of an enforcement debtor in an account in a financial institution between the date of the enforcement warrant ordering the redirection and any hearing deciding the validity of the warrant. 93G Enforcement against the third person (1) If a third person-- (a) does not comply with an enforcement warrant authorising redirection of a debt from the third person; and (b) does not file a notice of objection; and (c) fails to dispute his or her liability to pay the debt; the enforcement creditor has the same entitlement to enforce the debt as the enforcement debtor had. (2) To remove any doubt, it is declared that if the debt is a State debt under section 93D, the Crown Proceedings Act 1980, section 11 applies. 93H Employment protection if enforcement warrant for redirection of earnings An employer must not dismiss an employee, or otherwise prejudice an employee in his or her employment, because an enforcement warrant authorising redirection of the employee's earnings has been made. Maximum penalty--100 penalty units. 93I Attendance of individuals (1) This section applies if an individual fails to comply with a subpoena or order requiring attendance to give evidence or produce a document or thing before the court or before an officer, examiner, referee or other person having authority to take evidence. (2) The court may make an order for the issue of a warrant for-- (a) the arrest of the individual; and (b) the production of the individual as required by the subpoena or order for the purpose of the proceeding; and (c) the detention in custody of the individual until released by the court. (3) The court may order an individual who did not attend as required by the subpoena or order to pay the costs and expenses resulting because the individual did not comply with the subpoena or order. 93J Attendance of corporation (1) This section applies if a corporation or officer of the corporation fails to comply with a subpoena or order requiring attendance to give evidence or produce a document or thing before the court or before an officer, examiner, referee or other person having authority to take evidence. (2) The court may make an order for the issue of a warrant for-- (a) the arrest of the officer of the corporation to whom the subpoena was directed; and (b) the production of the officer as required by the subpoena or order for the purpose of the proceeding; and (c) the detention in custody of the officer until released by the court. (3) However, if the subpoena was directed to the 'proper officer' of the corporation, the court may make an order for the issue of a warrant for the arrest of a particular officer only if it is proved that the officer had received the subpoena, or otherwise had actual knowledge of it. (4) The court may order a corporation that did not attend as required by the subpoena or order to pay the costs and expenses resulting because the corporation did not comply with the subpoena or order. 93K Noncompliance is contempt of court (1) Failure to comply with a subpoena without lawful excuse is contempt of court and the person who failed to comply may be dealt with for contempt of court. (2) Nothing in section 93I or 93J affects the court's power to punish for contempt. 93L Issue of warrant for defendant's arrest (1) Jurisdiction under this section may be exercised only by the Supreme Court. (2) Subsection (3) applies if the court is satisfied that-- (a) a defendant to a claim has absconded or is about to abscond; and (b) the absence of the defendant would materially prejudice the plaintiff in prosecuting the proceeding or enforcing any judgement that may be given. (3) The court may issue a warrant in the approved form for the arrest of a defendant. (4) The court may issue the warrant at any time, for example, before the defendant has been served with a claim or before judgement. (5) The warrant must state-- (a) the name of the defendant; and (b) the date, within 2 months after the warrant's issue, the warrant ends. (6) The court may fix an amount as security to be stated in the warrant. (7) On payment of the security, the defendant is entitled not to be arrested or, if arrested, to be released. (8) In fixing the amount, the court may have regard to any matter it considers relevant, including the following matters-- (a) the amount (if any) of the plaintiff's claim; (b) the costs of issuing the warrant; (c) an estimate of the costs of executing the warrant. 93LA Ordinary protection and immunity allowed (1) In performing the functions of costs assessor, the person appointed as a costs assessor has the same protection and immunity as a judge performing the functions of a judge. (2) A party appearing in a costs assessment has the same protection and immunity the party would have if the costs assessment were a proceeding being heard before the Supreme Court. (3) A witness attending in a costs assessment has the same protection and immunity as a witness attending before the Supreme Court. (4) A document produced at, or used for, a costs assessment has the same protection during the costs assessment it would have if produced before the Supreme Court. (5) In this section-- party includes a party's lawyer or agent. 93LB Preservation of confidentiality (1) If a person gains confidential information because of being, or an opportunity given by being, a costs assessor-- (a) the person must not make a record of the information other than-- (i) for the purpose of carrying out the costs assessment; or (ii) to discharge another function under a law; and (b) the person must not disclose the information other than-- (i) under an order of a court or tribunal; or (ii) if authorised by the person to whom the confidential information relates. (2) In this section-- confidential information includes information about a person's affairs, but does not include-- (a) information already publicly disclosed unless further disclosure of the information is prohibited by law; or (b) statistical information that could not reasonably be expected to result in the identification of the person to whom the information relates. 93LC Preservation of privilege Privilege continues despite disclosure to a costs assessor. 93M Proceeding if grant of representation when originating process issues If-- (a) an originating process names as a defendant or respondent a person who is dead when the originating process issues; and (b) the cause of action survives the person's death; and (c) a grant of representation had been made when the originating process issues; then, unless the court orders otherwise, the proceeding is taken to be against the person's personal representative in the personal representative's capacity as personal representative of the person's estate. 93N Proceeding if no grant of representation when originating process issues (1) If-- (a) an originating process names as a defendant or respondent a person who is dead when the originating process issues; and (b) the cause of action survives the person's death; and (c) a grant of representation has not been made when the originating process issues; the proceeding is taken to have been brought against the person's estate. (2) However, if a grant of representation is made after the originating process issues, then, unless the court orders otherwise, the proceeding is afterwards taken to be against the person's personal representative in the personal representative's capacity as personal representative of the person's estate. (3) Even if a grant of representation has not been made when an order is made in the proceeding, the order binds the estate to the same extent as if a grant had been made and a personal representative of the deceased had been a party to the proceeding. 93O Delegation by registrar (1) A registrar of the court may delegate the registrar's powers to an appropriately qualified person who is a public service employee in a registry of the court. (2) In this section-- appropriately qualified, for a person to whom a power may be delegated, includes having the qualifications, experience or standing appropriate to exercise the power. Example of standing-- a person's classification level in the public service 94 Objects of part The objects of this part are-- (a) to provide an opportunity for litigants to participate in ADR processes in order to achieve negotiated settlements and satisfactory resolutions of disputes; and (b) to introduce ADR processes into the court system to improve access to justice for litigants and to reduce cost and delay; and (c) to provide a legislative framework allowing ADR processes to be conducted as quickly, and with as little formality and technicality, as possible; and (d) to safeguard ADR processes-- (i) by ensuring they remain confidential; and (ii) by extending the same protection to participants in an ADR process they would have if the dispute were before the Supreme Court. 95 ADR process (1) An ADR process is a process of mediation or case appraisal under which the parties are helped to achieve an early, inexpensive settlement or resolution of their dispute. (2) In division 6, an ADR process includes all the steps involved in an ADR process, including, for example-- (a) pre-mediation and post-mediation sessions; and (b) a case appraisal session; and (c) joint sessions; and (d) private sessions; and (e) another step prescribed under the rules. 96 Mediation Mediation is a process under the rules under which the parties use a mediator to help them resolve their dispute by negotiated agreement without adjudication. 97 Case appraisal (1) Case appraisal is a process under the rules under which a case appraiser provisionally decides a dispute. (2) A case appraiser's decision is not binding on the parties until-- (a) the time prescribed under the rules for filing an election to go to trial has passed; and (b) the Supreme Court, by order, gives effect to the decision. 98 Approval of mediators The Senior Judge Administrator, subject to the direction of the Chief Justice, may approve, or refuse to approve, a person as a mediator. 99 Approval of case appraisers The Senior Judge Administrator, subject to the direction of the Chief Justice, may approve, or refuse to approve, a person as a case appraiser. 100 ADR register (1) The registrar must keep a register of information about ADR processes. (2) The register may be kept in the form (whether or not in a documentary form) the registrar considers appropriate. (3) Without limiting subsection (2), the registrar may change the form in which a register or a part of a register is kept. (4) The register must contain-- (a) the name and address of each mediator and each case appraiser (other than a judge); and (b) other information prescribed under the rules; and (c) other information decided by the Senior Judge Administrator and agreed to by the Chief Justice. (5) However, subsection (4) does not require the registrar to enter in the register the name and address of, and the other information about, a mediator under the Dispute Resolution Centres Act 1990. 101 Parties may agree to ADR process (1) The parties to a dispute may agree to refer their dispute to an ADR process. (2) If the parties agree to the referral, they must file a consent order in the form prescribed under the rules with the registrar. (3) A consent order filed under this section is taken to be a referring order. 102 Court may consider and order reference to ADR process (1) The Supreme Court may require the parties or their representatives to attend before it to enable the court to decide whether the parties' dispute should be referred to an ADR process. (2) This section also applies if-- (a) a party applies to the Supreme Court for an order referring a dispute to an ADR process; or (b) the parties are otherwise before the Supreme Court. (3) The court may, by order (referring order), refer the dispute for mediation or case appraisal. (4) Without limiting the court's discretion, the court may take the following matters into account when deciding whether to refer a dispute to case appraisal-- (a) whether the costs of litigating the dispute to the end are likely to be disproportionate to the benefit gained; (b) the likelihood of an appraisal producing a compromise or an abandonment of a claim or defence; (c) other circumstances justify an appraisal. (5) If the court decides to refer the dispute to a mediator under the Dispute Resolution Centres Act 1990, it is sufficient if the order appoints the director of a specified dispute resolution centre as mediator. 103 Parties must attend at ADR process if Supreme Court orders (1) If a referring order is made, the parties-- (a) must attend before the ADR convenor appointed to conduct the ADR process; and (b) must not impede the ADR convenor in conducting and finishing the ADR process within the time allowed under the referring order. (2) If a party impedes the ADR process, the Supreme Court may impose sanctions against the party, including, for example-- (a) by ordering that any claim for relief by the defaulting party is stayed until further order; and (b) by taking the party's action into account when awarding costs in the proceeding or in another related proceeding between the parties. 104 Procedure at case appraisal (1) At a case appraisal, the case appraiser-- (a) must decide the procedure to be used at the case appraisal; and (b) may adopt any procedure that will, in the case appraiser's opinion, enable a sound opinion of the likely outcome of the dispute to be reached; and (c) must finish the case appraisal as quickly as possible. (2) However, the case appraiser may, in special circumstances-- (a) receive evidence; and (b) examine witnesses, and administer oaths to witnesses, who have been lawfully called before the case appraiser. (3) The Supreme Court may, at any time, give directions about procedure to be used at the case appraisal. (4) This section is subject to section 105. 105 Subpoenas (1) A person may be subpoenaed to appear at a case appraisal only by order of the Supreme Court. (2) A person may not be subpoenaed to appear at a mediation. (3) A person subpoenaed to appear at a case appraisal must not be compelled to answer a question, or produce a document, the person could not be compelled to answer or produce before the Supreme Court. 106 Party unable to pay share of costs (1) If, at any time, the Supreme Court is of the opinion a party to an ADR process is unable, because of the party's financial circumstances, to pay the party's percentage of the ADR costs, the court may make an order appropriate in the circumstances. (2) Without limiting subsection (1), the order may provide-- (a) the reference to the ADR process be cancelled; or (b) the referring order be revoked and another referring order made. 107 Mediated resolution agreement (1) If, at a mediation, the parties agree on a resolution of their dispute or part of it, the agreement must be written down and signed by or for each party and by the mediator. (2) The agreement has the same effect as any other compromise. 108 Mediator to file certificate As soon as practicable after a mediation has finished, the mediator must file with the registrar a certificate about the mediation in the form prescribed under the rules. 109 Case appraiser to file certificate and decision As soon as practicable after a case appraisal has finished, the case appraiser must file with the registrar-- (a) a certificate about the case appraisal in the form prescribed under the rules; and (b) the case appraiser's decision (if any). 110 Orders giving effect to mediation agreement (1) A party may apply to the Supreme Court for an order giving effect to an agreement reached after mediation. (2) However, a party may apply for the order only after the mediator's certificate is filed with the registrar. (3) The court may make any order it considers appropriate in the circumstances. 111 Orders giving effect to case appraiser's decision (1) A party may apply to the Supreme Court for an order giving effect to a case appraiser's decision after the time prescribed under the rules for electing to go to trial has passed. (2) However, a party may apply for the order before the time mentioned in subsection (1) if all parties agree. (3) The court may make any order it considers appropriate in the circumstances. 112 ADR convenors to maintain secrecy (1) An ADR convenor must not, without reasonable excuse, disclose information coming to the convenor's knowledge during an ADR process. Maximum penalty--50 penalty units. (2) It is a reasonable excuse to disclose information if the disclosure is made-- (a) with the agreement of all the parties to the ADR process; or (b) for this part; or (c) for statistical purposes without revealing, or being likely to reveal, the identity of a person about whom the information relates; or (d) for an inquiry or proceeding about an offence happening during the ADR process; or (e) for a proceeding founded on fraud alleged to be connected with, or to have happened during, the ADR process; or (f) under a requirement imposed under an Act. 113 Ordinary protection and immunity allowed (1) In performing the functions of mediator or case appraiser, an ADR convenor has the same protection and immunity as a judge performing the functions of a judge. (2) A party appearing in an ADR dispute has the same protection and immunity the party would have if the dispute were being heard before the Supreme Court. (3) A witness attending in an ADR dispute has the same protection and immunity as a witness attending before the Supreme Court. (4) A document produced at, or used for, an ADR dispute has the same protection during the ADR dispute it would have if produced before the Supreme Court. (5) In subsection (2)-- party includes a party's lawyer or agent. 114 Admissions made to ADR convenors (1) Evidence of anything done or said, or an admission made, at an ADR process about the dispute is admissible at the trial of the dispute or in another civil proceeding before the Supreme Court or elsewhere only if all parties to the dispute agree. (2) In subsection (1)-- civil proceeding does not include a civil proceeding founded on fraud alleged to be connected with, or to have happened during, the ADR process. 115 Revocation of approval as mediator or case appraiser (1) The Senior Judge Administrator, subject to the direction of the Chief Justice, may revoke the approval of a person as a mediator or case appraiser. (2) The Senior Judge Administrator must give the person a statement of reasons for the revocation. 116 Appeal against refusal to approve and revocation of approval as mediator or case appraiser An appeal lies to the Court of Appeal, by leave of that court, against-- (a) a refusal to approve a person as a mediator or case appraiser; or (b) the revocation of approval of a person as a mediator or case appraiser. 116A Purpose of part The purpose of this part is to provide for the use of video link facilities for certain proceedings before the Supreme Court. 116B Definitions for part In this part-- detainee means-- (a) for section 116C(1)--someone who is in custody at a correctional institution; and (b) otherwise, someone who is-- (i) in custody at a correctional institution; and (ii) a party to a proceeding. proceeding, for a provision of this part, other than section 116C(1), means a proceeding to which section 116C(1) applies. 116C Use of video link facilities in proceedings (1) This section applies to a proceeding if-- (a) a detainee is entitled or required to be present before the Supreme Court for the proceeding; and (b) the proceeding is-- (i) about an offence with which the detainee is charged, including a proceeding for the detainee's bail or remand; or (ii) an appeal under the District Court of Queensland Act 1967, section 118 or the Criminal Code, chapter 67 in relation to an offence of which the detainee has been convicted (appeal proceeding); and (c) video link facilities are available linking the correctional institution where the detainee is in custody and the court. (2) A proceeding for the detainee's bail or remand or an appeal proceeding must be conducted using the video link facilities, unless the court, in the interests of justice, otherwise orders. (3) In a proceeding, other than a proceeding for the detainee's bail or remand or an appeal proceeding, the court may order the proceeding be conducted using video link facilities only if all parties consent. (4) The video link facilities may only be used to link the proceeding before the court at the place the court is sitting with the detainee, or the detainee and the detainee's representative, at the correctional institution. 116D Detainee taken to be before the court (1) A person present at the part of the correctional institution used for the conduct of a proceeding, when the proceeding is being conducted, is taken to be in the presence of the Supreme Court for all purposes. (2) The part of the correctional institution used for the proceeding is taken to be part of the court for the conduct of the proceeding. (3) Any entitlement of, or requirement for, the detainee under any law or court order to be present before the court in the proceeding is taken to be satisfied by the detainee's use of video link facilities for the proceeding. 116E Way video link facilities must be operated (1) Video link facilities, when used for a proceeding, are to be operated in a way that ensures two-way audio and visual communication between the detainee and the Supreme Court. (2) If video link facilities fail during a proceeding, the court may adjourn the proceeding or make another appropriate order, as if the detainee were still in the presence of the court. 116F Facilities for private communication (1) The Supreme Court and the correctional institution must make facilities available for private communication between the detainee and the detainee's representative in a proceeding if the representative is at the place where the court is sitting. (2) A communication between the detainee and the detainee's representative is as confidential and as inadmissible in any proceeding as it would be if it took place while the detainee and the detainee's representative were in each other's presence. (3) Subsection (2) does not limit any other protection applying to the communication. 116G Variation or revocation of order The Supreme Court may, at any time, vary or revoke an order made under section 116C. 116H Relocation (1) To remove any doubt, it is declared that the provision relocated to this part is not repealed or re-enacted by its relocation, but merely moved from the Legal Practitioners Act 1995. (2) Without limiting subsection (1) and to further remove any doubt, it is also declared that the relocation to this Act of the relocated provision does not affect the meaning or effect the relocated provision had because of the time when it was enacted. 116I Revival of order for payment of costs Whenever any judgement or order has been made for payment of costs in any action, and such action afterwards becomes abated, it shall be lawful for any person interested under such judgement or order to revive such action, and thereupon to prosecute and enforce such judgement or order, and so on from time to time as often as any such abatement happens. 117 Definition for pt 9 In this part-- court means, if otherwise appropriate-- (a) in the context of the Supreme Court--the Supreme Court; or (b) in the context of the District Court--the District Court; or (c) in the context of the Magistrates Courts--a Magistrates Court. 118 Rule-making power (1) The Governor in Council may make rules of court under this Act for-- (a) the practices and procedures of the Supreme Court, the District Court or the Magistrates Courts or their registries or another matter mentioned in schedule 1; or (b) the admission of persons to the legal profession under the Legal Profession Act 2007, including fees relating to admission; or (ba) the assessment of costs for the Legal Profession Act 2007, part 3.4, division 7; or (c) appeals from the Mental Health Court; or (d) any law giving jurisdiction to the Supreme Court, the District Court or the Magistrates Courts, including a law of the Commonwealth. (2) A rule may only be made with the consent of the rules committee. (2A) Rules made under subsection (1)(b) may make provision of a saving or transitional nature for which it is necessary to make provision to allow or facilitate the doing of anything to achieve the transition from the operation of-- (a) the rules applying immediately before the commencement of the Legal Profession Act 2004, section 27 to the operation of that Act after the commencement; and (b) other matters about admission dealt with under the Legal Practitioners Act 1995 before the commencement of the Legal Profession Act 2004, section 27 to the operation of Legal Profession Act 2004 after the commencement. (2B) The rules of court may make provision of a saving or transitional nature for which it is necessary to make provision to allow or facilitate the doing of anything to achieve the transition from the operation of the Vexatious Litigants Act 1981 to the operation of the Vexatious Proceedings Act 2005. (2C) However-- (a) a rule may only be made under subsection (2B) within 2 years after the commencement of that subsection; and (b) a rule made under subsection (2B) expires 2 years after it is made. (2D) Subsections (2B), (2C) and this subsection expire 4 years after the commencement of subsection (2B). (3) Rules of court (other than rules for a matter mentioned in subsection (1) (b) or (1)(c) or a matter relevant to criminal jurisdiction or criminal proceedings, other than proceedings in relation to contempt of court) are to be called the Uniform Civil Procedure Rules. 118A Rules committee may approve forms The rules committee may approve forms for use under this Act. 118B Court rules are exempt from RIS requirements and automatic expiry (1) The Statutory Instruments Act 1992, parts 5 and 7 do not apply to rules of court. (2) However-- (a) the following rules of court expire on 1 July 1998-- (i) Repealing Rules 1900; (ii) Rules Relating to the Admission of Conveyancers; and (b) the following rules of court expire on 30 June 1999-- (i) Rules of the Supreme Court; (ii) Criminal Practice Rules 1900; (iii) Supreme Court (Admiralty) Rules 1988; (iv) Rules under and in pursuance of the Reciprocal Enforcement of Judgments Act 1959; (v) District Court Rules 1968; (vi) Magistrates Courts Rules 1960. (3) Also, to remove any doubt, it is declared that the Uniform Civil Procedure Rules may repeal any of the rules of court mentioned in subsection (2)(b). (4) In this section-- rules of court see Statutory Instruments Act 1992, section 12. 118C Rules Committee (1) The Chief Justice is to establish a Rules Committee consisting of the following members-- (a) the Chief Justice, or a Supreme Court judge nominated by the Chief Justice; (b) the President or a judge of appeal nominated by the President; (c) 2 Supreme Court judges nominated by the Chief Justice; (d) the Chief Judge or a District Court judge nominated by the Chief Judge; (e) a District Court judge nominated by the Chief Judge; (f) the Chief Stipendiary Magistrate or a magistrate nominated by the Chief Stipendiary Magistrate; (g) a magistrate nominated by the Chief Stipendiary Magistrate. (2) The rules committee-- (a) must advise the Minister about the repeal, reform or relocation of the provisions of the Supreme Court Act 1995; and (b) may advise the Minister about any law giving jurisdiction to the Supreme Court, the District Court or the Magistrates Courts; and (c) has the other functions and powers given to it under this Act or another Act. (3) The rules committee may conduct its business and proceedings at meetings in the way it decides. (4) However, the chairperson of the rules committee has a deliberative vote and, in the event of an equality of votes, a casting vote. 118D Practice directions (1) To remove any doubt, it is declared that a practice direction is not subordinate legislation. (2) The appropriate person of a court may make practice directions for the court about-- (a) case management; or (b) for the Supreme Court or District Court--applications exempted from the rules of court dealing with decisions made by the court on written material and submissions without the parties attending. (3) Subsection (2) does not limit any inherent or other power of a court or judge to make practice directions. (4) In this section-- appropriate person, of a court, means-- (a) for the Supreme Court--the Chief Justice; or (b) for the District Court--the Chief Judge; or (c) for the Magistrates Courts--the Chief Stipendiary Magistrate. 118E Directions or orders about a proceeding (1) To the extent that the conduct of a proceeding is not provided for by rules of court or practice directions, the court may make the orders and give the directions it considers appropriate for the conduct of the proceeding. (2) In making an order or giving a direction, the court may have regard to practices and procedures of the court, including rules of the court, in force before the commencement of the Uniform Civil Procedure Rules. (3) This section does not limit any inherent or other power of a court or judge to control proceedings. 119 Order etc. on terms The court may make an order, give a direction or leave or do anything else that it is authorised to do on such terms and conditions (if any) as the court considers appropriate. 119A Supreme Court precincts Subject to this Act, the Chief Justice has power to do all things necessary or convenient to be done for the control and management of the Supreme Court precincts, including power to obtain, grant, prohibit or limit access to and from the precincts or part of the precincts. 119B Annual report (1) As soon as practicable after the end of each financial year, but within 4 months after the end of the financial year, the Chief Justice must prepare and give to the Minister a written report about the operation of the Supreme Court during the year. (2) The Minister must table a copy of the report in the Legislative Assembly within 14 sitting days after receiving the report. 119C Finances and staffing of court (1) The court is part of the department for the purposes of the Financial Accountability Act 2009. (2) The staff of the court (other than the judges' associates) are to be appointed under the Public Service Act 1996. Editor's note-- Public Service Act 1996--now see Public Service Act 2008, section 249 (1). 119D Judicial office subject to Constitution of Queensland 2001 A provision of this Act that provides for a judge or judge of appeal to hold another judicial office while the person holds office as a judge or judge of appeal is subject to the Constitution of Queensland 2001, section 61. 120 Regulation-making power (1) The Governor in Council may make regulations under this Act. (2) Without limiting subsection (1), the Governor in Council may make regulations under this Act for the following matters-- (a) to prescribe fees and costs for the Supreme Court, District Court or Magistrates Courts (the courts); (b) to provide how fees, costs and fines are to be received and dealt with in the courts; (c) to provide for electronic representations or equivalents of seals, stamps and signatures for the courts; (d) a matter that the Supreme Court Act 1995 states may be prescribed. 121 Seniority of first judges of appeal (1) If all or some of the judges of appeal (other than the President of the Court of Appeal) appointed before 31 December 1991 consent to the application of this section to them before being sworn in, the Governor in Council may assign them equal seniority in relation to each other. (2) For the purposes of the application of this Act in relation to a particular matter that is to be determined by seniority, the seniority of those judges of appeal in relation to each other is to be determined by agreement between them or, failing agreement, by the President of the Court of Appeal. 123 Part heard proceedings etc. (1) Subject to this Act, and unless the Court of Appeal otherwise orders, this Act does not apply to, and the repeals and amendments made by this Act do not affect, a proceeding heard, in whole or part, in the Full Court before the commencement of this section. (2) Without limiting subsection (1), if a proceeding has been heard, in whole or part, in the Full Court before the commencement of this section, then, subject to this Act, and unless the Court of Appeal otherwise orders, this Act does not apply to, and the repeals and amendments made by this Act to do not affect-- (a) the completion after the commencement of this section of any step in the proceeding taken before the commencement of this section; or (b) the taking and completion after the commencement of this section of any step in the proceeding. (3) The Court of Appeal may make orders under this section on application by a party or of its own motion. (4) In this section-- judgement includes any rule, decree or order. step includes-- (a) the entry or other perfecting of a judgement; and (b) anything done or to be done in consequence of an appeal to the High Court; whether before or after the final judgement. 124 References to Senior Puisne Judge In an Act or document, a reference to the Senior Puisne Judge may, if the context permits, be taken to be a reference to the Senior Judge Administrator. 125 Leave granted to appeal (1) Leave granted before the commencement of this section to appeal to the Full Court has effect, after that commencement, as if it were leave granted to appeal to the Court of Appeal. (2) Without limiting subsection (1), leave granted under the District Court of Queensland Act 1967, section 118(2) before the commencement of this section has effect, after that commencement, as if it were leave granted under that section as amended by this Act. (3) This section does not apply to a proceeding to which section 123 applies. 126 Court may resolve difficulties (1) If a difficulty arises in-- (a) the application of this Act to a particular matter; or (b) the application, to a particular matter, of another Act because of the operation of this Act; the Court of Appeal or the court in the Trial Division may, on application by a party or of its own motion, make such order as it considers proper to resolve the difficulty. (2) An order made under subsection (1) has effect despite anything contained in this Act or another Act in force immediately before the commencement of this section. 127 Transitional provisions for Courts Reform Amendment Act 1997 (1) A rule in force immediately before the commencement of this section that was made under section 32, as in force immediately before the commencement, is taken to be made under section 117. (2) Despite the Legislative Standards Act 1992, section 9A, the Parliamentary Counsel and any member of the Office of the Queensland Parliamentary Counsel is to disclose to an officer of the department or the Law Reform Commission instructions from the Litigation Reform Commission for the drafting of court rules not completed at the time of the commission's abolition to enable the preparation of the rules of court to continue. 128 No distinction between court and chambers for Supreme Court, District Court and Magistrates Courts (1) This section applies to the Supreme Court, District Court and Magistrates Courts. (2) The distinction between court and chambers is abolished. (3) The business of the court, wherever it is conducted, is taken to be conducted in court. (4) However, the extent to which the business of the court is open to the public may be limited by any of the following if the public interest or the interests of justice require it-- (a) an order of the court; (b) the Uniform Civil Procedure Rules; (c) a practice direction. (5) Subsection (4) is subject to any Act. 129 Abolition of old enforcement processes (1) All writs in aid of enforcement are abolished. (2) For a law in force immediately before the commencement of this section that expressly or impliedly refers to a writ in aid of enforcement, the reference is taken to be a reference to the equivalent enforcement warrant under the Uniform Civil Procedure Rules if the context permits. (3) For a law in force immediately before commencement that expressly or impliedly refers to a third person order nisi, third person order absolute or instalment order or an order subsequent to those orders, the reference is taken to be a reference to the equivalent enforcement warrant within the meaning of the Uniform Civil Procedure Rules if the context permits. (4) This section does not affect the validity of a writ in aid of enforcement issued before commencement. (5) In this section-- writ in aid of enforcement includes a writ of capias ad respondendum, writ of capias ad satisfaciendum, writ of elegit, writ or warrant of execution, writ of fieri facias, writ of ne exeat colonia or a writ subsequent to those writs as a procedure of enforcement. 130 Outdated references (1) In an Act or document, in the context of the Supreme Court and if otherwise appropriate, a reference to a thing mentioned in column 1 of the following table is taken to be a reference to the corresponding thing in column 2 of the table-- Table Column 1 Column 2 (2) In an Act or document, in the context of the District Court or a Magistrates Court and if otherwise appropriate, a reference to a thing mentioned in column 1 of the following table is taken to be a reference to the corresponding thing in column 2 of the table-- Table Column 1 Column 2 132 Judicial registrar may exercise certain judicial or quasi-judicial power of registrar If-- (a) a provision of an Act provides for the exercise of a judicial or quasi-judicial power by a registrar of the District Court; and (b) the Uniform Civil Procedure Rules provide that the power may be exercised by a judicial registrar; the power may be exercised by the registrar or the judicial registrar. 133 References to taxation of costs In an Act or document, in the context of a court and if otherwise appropriate-- (a) a reference to taxation of costs by the Supreme Court taxing officer or an officer of another court may be taken to be a reference to assessment of costs by a registrar of the court approved, under the Uniform Civil Procedure Rules, to assess costs; and (b) a reference to a particular basis of taxation, for example, taxation on a party and party basis, may be taken to be a reference to the basis of taxation specified under the Uniform Civil Procedure Rules as the equivalent basis of taxation. 134 Act to prevail over Supreme Court Act 1995 (1) If a provision of the Supreme Court Act 1995 is inconsistent with this Act, this Act prevails to the extent of the inconsistency. (2) In this section-- inconsistency includes-- (a) direct inconsistency; and (b) covering the field inconsistency. this Act includes the Uniform Civil Procedure Rules made under this Act. 135 Application of Uniform Civil Procedure Rules (1) On the commencement of the Uniform Civil Procedure Rules, those rules apply to the next step or application in a proceeding pending in the Supreme Court, District Court or a Magistrates Court that can reasonably be taken in compliance with those rules. (2) If a difficulty arises in the application of subsection (1) to a particular proceeding in a court, the court may, on application by a party or on its own initiative, make an order it considers appropriate to resolve the difficulty. 136 Transitional--abolition of Circuit Courts (1) On the commencement of this section-- (a) an order made by a Circuit Court continues to have effect as an order of the Supreme Court; and (b) anything done or existing in relation to a previous Circuit Court continues, and is taken to be done or existing in relation to the Supreme Court; and (c) a process pending in a previous Circuit Court is to be continued in the Supreme Court. (2) In an Act, other than the Supreme Court Act 1995, or another document, if the context permits, a reference to Circuit Courts or a Circuit Court is taken to be a reference to the Supreme Court. (3) However, this section does not apply if its application would limit the jurisdiction or power of the Supreme Court in any way. 137 Saving of former court rules--Civil Justice Reform Act 1998 A rule in force immediately before the commencement of this section that was made under section 117, as in force immediately before the commencement-- (a) is taken to be made under section 118, as inserted by the Civil Justice Reform Act 1998; and (b) is not part of the Uniform Civil Procedure Rules. 138 Transitional provision for Constitution of Queensland 2001 The person who, immediately before the commencement of section 12, was the Chief Justice continues as the Chief Justice. - SCHEDULE 1 SUBJECT MATTER FOR RULES 1 Jurisdiction generally Jurisdiction of the courts, including civil, criminal and any appellate jurisdiction. 2 Starting civil proceedings Starting civil proceedings in the courts, including, for example, the following-- (a) originating process; (b) where to start proceedings; (c) for the Supreme Court--cross-vesting of jurisdiction. 3 Parties and proceedings Parties and proceedings, including, for example, the following-- (a) several causes of action and parties in a civil proceeding, including reconstitution of proceedings and representative parties; (b) multiple civil proceedings; (c) interpleader orders; (d) civil proceedings by or against a business or person under a legal incapacity; (e) third party procedure. 4 Notices of intention to defend Notices of intention to defend in civil proceedings. 5 Service of documents Service of documents for civil proceedings, including, for example, the following-- (a) the various types of service, including personal service and ordinary service; (b) service outside Australia and service of foreign legal process in Queensland. 6 Pleadings Pleadings, including, for example, the following-- (a) matters in pleadings and particulars; (b) progress of pleadings; (c) particular pleadings, including statements of claim and counterclaims. 7 Disclosure In civil proceedings-- (a) disclosure by parties, including disclosure and inspection of documents and interrogatories; or (b) non-party disclosure; or (c) admissions; or (d) disclosure of experts' reports and other material to which legal professional privilege may attach, including by direction or order of the court. 8 Preservation of rights and property Preservation of rights and property in civil proceedings, including, for example, the following-- (a) inspection, detention and preservation of property; (b) for the Supreme Court and the District Court-- (i) injunctions, including Mareva injunctions and Anton Piller orders; or (ii) receivers; or (iii) sales by court order. 9 Ending proceedings early (1) Ending civil proceedings early, including, for example, the following-- (a) ending proceedings because of default; (b) summary decisions; (c) discontinuance and withdrawal; (d) alternative dispute resolution processes, including, for example, the following-- (i) experience and qualifications for approval as a mediator or case appraiser; (ii) persons who must pay ADR costs and the way, and time within which, ADR costs are to be paid; (iii) jurisdiction of a case appraiser at a case appraisal; (iv) ability of a mediator or case appraiser to seek independent advice or information; (v) time within which an ADR process should be finished (which may be a time specified by the court); (vi) conduct of an ADR process; (vii) confidentiality of a mediated agreement or case appraiser's decision; (viii) applying procedures and other matters similar to those applying to arbitrations under the Commercial Arbitration Act 1990; (ix) imposing penalties against a party who fails to cooperate in an ADR process; (e) conciliation processes, including, for example, the following-- (i) experience and qualifications for approval, under the Magistrates Courts Act 1921, section 42T, as a conciliator; (ii) the way a conciliator is to be appointed under the Magistrates Courts Act 1921, section 42F; (iii) time within which conciliation processes should be finished; (iv) requirements about recording an agreement under the Magistrates Courts Act 1921, section 42M; (v) requirements for parties to help conciliators; (vi) ability of a conciliator to seek independent advice or information; (vii) appointment of a replacement conciliator; (viii) abandonment of a conciliation process; (ix) information to be contained in the register to be kept under the Magistrates Courts Act 1921, section 42X; (x) form of a conciliation certificate; (f) offers to settle and payments by defendants; (g) the referral of cases to arbitration. (2) In this section-- conciliation certificate means a certificate mentioned in the Magistrates Courts Act 1921, section 42L. conciliation process see the Magistrates Courts Act 1921, section 42D. conciliator see the Magistrates Courts Act 1921, section 2. 10 Court supervision Court supervision of civil proceedings, including, for example, the following-- (a) directions about the conduct of proceedings; (b) consequences of failing to comply with rules, directions or court orders; (c) amendments, both with and without leave; (d) continuation of proceedings after delay. 11 Evidence (1) The taking of evidence generally, including, for example, the following-- (a) the way evidence may be given; (b) dispensing with the rules of evidence; (c) taking evidence out of court; (d) taking evidence for future claims; (e) subpoenas; (g) affidavits and the exchange of correspondence instead of affidavit evidence; (h) the obtaining of evidence by the court, including, for example, the calling of witnesses. (2) Expert evidence generally, including, for example, the following-- (a) conferring immunity from action on experts in relation to reports tendered in evidence; (b) matters relating to court experts; (c) the appointment by the court of an expert to prepare a report about a dispute before proceedings are started for tendering as evidence in proceedings started later in relation to the dispute; (d) defining the duty of an expert witness in relation to the court and the parties; (e) prescribing the basis of and conditions for the admissibility of expert evidence. 12 Jurisdiction of judicial registrars and registrars Jurisdiction of judicial registrars and registrars. Note-- judicial registrar means a judicial registrar of the District Court-- see schedule 2. 13 Trials and other hearings Trials and other hearings of civil proceedings, including, for example, the following-- (a) practice lists; (b) listing applications for hearing and setting trial dates; (c) the conduct of trials; (d) decisions without pleadings or without hearings; (e) separate decisions on questions; (f) assessors and special referees; (g) assessment of damages; (h) simplified procedures for minor debt claims and other claims. 14 Particular proceedings Particular civil proceedings, including, for example, the following-- (a) the taking of accounts; (b) proceedings for damages for personal injury or death; (c) the payment of amounts into court; (d) for the Supreme Court-- (i) judicial review proceedings; or (ii) proceedings for the issue of a writ of habeas corpus. 15 Probate For the Supreme Court, probate, including, for example, the following-- (a) applications for grants of probate or letters of administration and the documents required; (b) resealing grants; (c) proceedings under the Public Trustee Act 1978; (d) caveats objecting to grants, orders to administer or resealing of grants; (e) contested proceedings. 16 Contempt of court Contempt of court, including, for the District Court, contempt of the District Court as constituted by a judicial registrar, and proceedings for failure to comply with an order, other than an order for the payment of an amount. Note-- judicial registrar means a judicial registrar of the District Court-- see schedule 2. 16A Vexatious proceedings Restriction of vexatious proceedings within the meaning of the Vexatious Proceedings Act 2005. 17 Trusts For the Supreme Court, trusts. 18 Costs Costs in civil proceedings, including, for example, the following-- (a) security for costs; (b) entitlement to recover costs of a proceeding; (c) costs of a party in a proceeding; (d) assessment of costs, including-- (i) the approval of registrars, and the appointment and removal of other persons, to assess costs under the Uniform Civil Procedure Rules 1999; or (ii) powers of costs assessors to assess costs; or (iii) procedures; or (iv) review of assessments. 19 Appeals, applications and cases stated to Court of Appeal Appeals, applications and cases stated to the Court of Appeal. 20 Enforcement of money orders Enforcement of orders, including, for example, the following-- (a) enforcement hearings; (b) enforcement warrants, including-- (i) enforcement warrants for entry on to and delivery of possession of land; or (ii) enforcement warrants for seizure and sale of property; or (iii) enforcement warrants for seizure and delivery of specified goods; or (iv) enforcement warrants for seizure and detention of property; or (v) enforcement warrants for redirection of debts or earnings; or (vi) enforcement warrants for payment of the money order debt by instalments; or (vii) for the Supreme Court--enforcement warrants for charging orders and stop orders; (c) powers of enforcement officers. 21 Reciprocal enforcement of foreign judgements The reciprocal enforcement of foreign judgements, including under a Commonwealth law. 22 Corporations Any law, including a Commonwealth law, under which the Supreme Court exercises jurisdiction in relation to corporations or similar entities. 23 Miscellaneous matters The following matters-- (a) documents filed in the registries; (b) filing, receipt, service, issue or transmission electronically of approved forms and other documents and material for use in, or in connection with, proceedings, including, electronic representations or equivalents of seals, stamps and signatures and their validity; (c) the functions of the registries generally; (d) the rules applicable to lawyers acting for parties in proceedings in the court; (e) transitional arrangements. 24 Practice and procedure in criminal jurisdiction Practice and procedure in the courts' criminal jurisdiction (including any appellate jurisdiction) generally, including, for example, the following-- (a) forms for proceedings; (b) applications; (c) lawyers' and court's duties; (d) pre-trial matters, including, for example, subpoenas and pre- trial directions and rulings; (e) regulating trial proceedings; (g) evidence; (h) the custody and inspection of exhibits; (i) the recording of proceedings and access to the records; (j) appeals, including, appeals to the Court of Appeal and the District Court; (k) listing trials, sentences, applications and appeals for hearing, and setting hearing dates; (l) filing, receipt, service, issue or transmission electronically of forms and other documents and material for use in, or in connection with, proceedings, including, electronic representations or equivalents of seals, stamps and signatures and their validity. 25 Matter used in proceedings The disposal or destruction of matter held by the court that was used in a proceeding and is unclaimed. - SCHEDULE 2 DICTIONARY ADR convenor means a mediator or case appraiser. ADR costs means-- (a) for a mediation-- (i) the mediator's fee; and (ii) the venue provider's fee for providing the venue; and (iii) other costs prescribed under the rules; and (b) for a case appraisal-- (i) the case appraiser's fee; and (ii) the venue provider's fee for providing the venue; and (iii) other costs prescribed under the rules. ADR dispute means a dispute referred to an ADR process. ADR process see section 95. approval, of a person as a mediator or case appraiser, means-- (a) in the case of a mediator--approval under section 98; or (b) in the case of a case appraiser--approval under section 99. approved form means a form approved by the rules committee under section 118A. authorised auditor means-- (a) the auditor-general; or (b) a person authorised, in writing, by the auditor-general. case appraisal see section 97. case appraiser means-- (a) a case appraiser approved under section 99; or (b) a judge. Chief Justice means the Chief Justice of Queensland. condition includes term. costs assessment means an assessment of costs under an Act, the Uniform Civil Procedure Rules 1999 or an order of the court. costs assessor means-- (a) a registrar approved to assess costs under the Uniform Civil Procedure Rules 1999; or (b) a person appointed to assess costs under the Uniform Civil Procedure Rules 1999. court-- (a) for part 7, see section 72; and (b) for part 9, see section 117; and (c) otherwise, means the Supreme Court of Queensland. dispute means-- (a) a dispute in a proceeding; or (b) something else about which the parties are in dispute that may be dealt with in a mediation at the same time as an ADR dispute. division means a division of the court. enforcement hearing means a hearing to obtain information to facilitate the enforcement of a money order. enforcement officer, for a court, means a sheriff, deputy sheriff or bailiff of the court. enforcement warrant means a warrant to enforce an order (but not an order for the payment of an amount into court). exempt property means property that is not divisible among the creditors of a bankrupt under the relevant bankruptcy law as in force from time to time. Full Court means the Full Court of the Supreme Court, and includes the Supreme Court sitting as the Court of Criminal Appeal and the court as a court consisting of 2 or more judges. judge means a judge of the court. judge of appeal includes the President of the Court of Appeal. judicial registrar means a judicial registrar of the District Court. lawyer means an Australian lawyer who, under the Legal Profession Act 2007, may engage in legal practice in this State. mediation see section 96. mediator means a mediator approved under section 98 or a mediator within the meaning of the Dispute Resolution Centres Act 1990. minor claim means a claim for an amount, including interest, of not more than $7500, whether as a balance or after an admitted set off, reduction by any amount paid by or credited to the defendant, abandonment of any excess, or otherwise. minor debt claim means a minor claim in which the plaintiff-- (a) claims to recover against a defendant a debt or liquidated demand in money, with or without interest; and (b) elects in the claim to have it heard and decided in a Magistrates Court under the simplified procedures in the Uniform Civil Procedure Rules. money order means an order of the court, or part of an order of the court, for the payment of an amount, including an amount for damages, whether or not the amount is or includes an amount for interest or costs. money order debt means the amount payable under a money order. non-money order means an order of the court, or part of an order of the court, for a form of relief other than the payment of an amount. partnership see the Partnership Act 1891, section 5. party means a party to a dispute. person under a legal incapacity means-- (a) a person with impaired capacity; or (b) a young person. person with impaired capacity means a person who is not capable of making the decisions required of a litigant for conducting proceedings or who is deemed by an Act to be incapable of conducting proceedings. practice list means a list to which originating or other applications are assigned for hearing or another purpose, including, for example, case management. President means the President of the Court of Appeal. proceeding means a proceeding in a court (whether or not between parties), and includes-- (a) an incidental proceeding in the course of, or in connection with, a proceeding; and (b) an appeal or stated case. referring order means an order made under section 102 referring a dispute to an ADR process. registrar-- (a) includes-- (i) for the Supreme Court--a deputy registrar of the Supreme Court; or (ii) for the District Court--a deputy registrar of the District Court; or (iii) for a Magistrates Court--a deputy registrar of a Magistrates Court; and (b) does not include a judicial registrar. remuneration includes salary, pension, leave of absence (whether annual leave, long leave or leave on account of illness or otherwise) and any other allowance, benefit or entitlement in respect of judicial service, whether paid or provided to a judge or his or her spouse, surviving spouse, child or estate or otherwise. rules means rules of court of the court, and includes rules of court of the Court of Appeal and the Trial Division. rules committee see section 118C. stated case means-- (a) a case stated under an Act or the rules by the court in the Trial Division or a judge; or (b) a case stated under an Act by another court or a judge of another court, or a justice or other person, for the opinion, decision, direction or determination of the court. Supreme Court precincts means any land or building, or the part of any land or building, used for the purposes of the court. this Act includes the rules. trial judge, for a trial, means the judge before whom the trial takes place. young person means an individual who is under 18 years. - NOTES Page Date to which amendments incorporated 86 Key 87 Table of reprints 87 Tables in earlier reprints 88 List of legislation 88 List of annotations 92 List of forms notified or published in the gazette 106 Table of renumbered provisions 118 This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 1 July 2009. Future amendments of the Supreme Court of Queensland Act 1991 may be made in accordance with this reprint under the Reprints Act 1992, section 49. Key Explanation Key Explanation AIA = Acts Interpretation Act 1954 (prev) = previously amd = amended proc = proclamation amdt = amendment prov = provision ch = chapter pt = part def = definition pubd = published div = division R[X] = Reprint No. [X] exp = expires/expired RA = Reprints Act 1992 gaz = gazette reloc = relocated hdg = heading renum = renumbered ins = inserted rep = repealed lap = lapsed (retro) = retrospectively notfd = notified rv = revised edition num = numbered s = section o in c = order in council sch = schedule om = omitted sdiv = subdivision orig = original SIA = Statutory Instruments Act 1992 p = page SIR = Statutory Instruments Regulation 2002 para = paragraph SL = subordinate legislation prec = preceding sub = substituted pres = present unnum = unnumbered Reprint No. Amendments to Effective Reprint date 1 1992 Act No. 40 14 August 1992 1 October 1992 2 1994 Act No. 24 30 May 1994 31 May 1994 3 1995 Act No. 24 29 May 1995 29 May 1995 4 1996 Act No. 4 7 June 1996 7 June 1996 4A 1996 Act No. 37 1 December 1996 10 March 1997 4B 1997 Act No. 38 3 November 1997 19 November 1997 4C 1997 Act No. 82 5 December 1997 9 December 1997 4D 1998 Act No. 20 1 July 1998 23 July 1998 4E 1998 Act No. 46 27 November 1998 4 December 1998 4F 1999 Act No. 29 1 July 1999 23 July 1999 4G 1999 Act No. 66 1 July 1999 17 December 1999 5 1999 Act No. 66 1 March 2000 3 March 2000 5A 2000 Act No. 16 1 March 2000 8 November 2000 5B 2000 Act No. 58 17 November 2000 1 December 2000 5C 2001 Act No. 80 28 February 2002 1 March 2002 5D 2001 Act No. 80 6 June 2002 20 June 2002 Reprint No. Amendments included Effective Notes 5E 2002 Act No. 34 16 August 2002 5F 2002 Act No. 74 1 April 2003 5G 2003 Act No. 77 8 December 2003 5H 2004 Act No. 11 1 July 2004 5I 2004 Act No. 29 22 November 2004 5J 2005 Act No. 70 8 December 2005 5K 2005 Act No. 70 6 February 2006 R5K withdrawn, see R6 6 -- 6 February 2006 6A 2007 Act No. 24 1 July 2007 6B 2007 Act No. 39 21 September 2007 6C 2007 Act No. 37 2007 Act 1 January 2008 No. 55 6D rv 2007 Act No. 55 14 March 2008 R6D rv withdrawn, see R7 7 -- 14 March 2008 7A 2009 Act No. 9 1 July 2009 Name of table Reprint No. Changed citations and remade laws 4 Corrected minor errors 1, 4 Renumbered provisions 3 (The following information about forms is taken from the gazette and is included for information purposes only. Because failure by a department to notify or publish a form in the gazette does not invalidate the form, you should check with the relevant government department for the latest information about forms (see Statutory Instruments Act, section 58(8)).) The following forms are used under the provisions of the Criminal Code, the Criminal Practice Rules 1999, the Bail Act 1980 and the District Court of Queensland Act 1967 Previous Renumbered as 3 2 4 3 5 4 6 5 7 6 8 7 9 8 10 9 11 10 12 11 12A 12 49 48 50 49 51 50 54 51 55 52 56 53 57 54 58 55 59 56 60 57 61 58 62 59 63 60 64 61 65 62 66 63 67 64 68 65 69 66 70 67 71 68 72 69 73 70 74 71 75 72 76 73 77 74 78 75 79 76 80 77 81 78 82 79 83 80 84 81 85 82 86 83 87 84 89 85 90 86 91 87 92 88 94 89 97 90 98 91 99 92 100 93 pt 7A pt 8 100A 94 100B 95 100C 96 100D 97 100E 98 100F 99 100G 100 100H 101 100I 102 100J 103 100K 104 100L 105 100M 106 100N 107 100O 108 100P 109 100Q 110 100R 111 100S 112 100T 113 100U 114 100V 115 100W 116 pt 7B pt 9 100X 117 100Y 118 pt 7C pt 10 108 119 109 120 pt 8 pt 11 101 121 102 122 103 123 104 124 105 125 107 126 110 127 >