UNIFORM CIVIL PROCEDURE RULES 1999

Queensland Consolidated Regulations

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UNIFORM CIVIL PROCEDURE RULES 1999

TABLE OF PROVISIONS

Long Title

Contents

CHAPTER 1--PRELIMINARY

1. Short title
2. Commencement
3. Application
4. Dictionary
5. Philosophy—overriding obligations of parties and court
6. Names of all parties to be used
7. Extending and shortening time

CHAPTER 2--STARTING PROCEEDINGS

Part 1--Starting proceedings

8. Starting proceedings
9. Claim compulsory
10. Application compulsory
11. Application permitted
12. Oral application permitted
13. Proceeding incorrectly started by claim
14. Proceeding incorrectly started by application
15. Registrar may refer issue of originating process to court
16. Setting aside originating process

Part 2--Rules about originating process

17. Contact details and address for service
18. Representative details required
19. Originating process must be signed
20. Copy of originating process for court

Part 3--Claims

21. Application of pt 3
22. Claim
23. Claim must include statement about filing notice of intention to defend claim
24. Duration and renewal of claim

Part 4--Applications

25. Application of pt 4
26. Content of application
27. Service of application
28. Service of affidavit in support of application
29. Notice of address for service
30. Consent adjournment

Part 5--Applications in a proceeding

31. Applications in a proceeding
32. Oral applications

Part 6--Where to start a proceeding

Division 1--Central registry of Supreme Court

33. Central registry of Supreme Court

Division 2--Magistrates Courts, District Court and district registry of Supreme Court

34. Application of div 2
35. General rule

Division 3--Magistrates Courts

36. Application of div 3
37. Extended area of Magistrates Courts districts
38. Power to decide questions related to where to start proceeding
39. Objection to court
40. Change of venue by court order
41. Change of venue by agreement
42. Registrar to send documents to transferee court

Division 4--District Court

43. Application of div 4
44. Objection to court
45. Change of venue by court order

Division 5--Supreme Court

46. Application of div 5
47. Proceedings in registries
48. Objection to court
49. Transfer of proceeding

Division 6--Applications heard at a different location

50. Applications heard at a different location

Part 7--Cross-vesting

51. Definitions for pt 7
52. Application of pt 7
53. Starting proceedings
54. Special federal matters
55. Service
56. Directions
57. Transfer of proceedings
58. Transfer on Attorney-General's application
59. Transfer to court if no proceeding pending

CHAPTER 3--PARTIES AND PROCEEDINGS

Part 1--Several causes of action and parties in a proceeding

Division 1--Several causes of action

60. Inclusion of several causes of action in a proceeding

Division 2--Several parties

61. Application of div 2
62. Necessary parties
63. Joint entitlement
64. Joint or several liability
65. Inclusion of multiple parties in a proceeding
66. Identical interest in relief unnecessary
67. Parties incorrectly included or not included

Division 3--Reconstitution of proceeding

68. Inconvenient inclusion of cause of action or party
69. Including, substituting or removing party
70. Procedure for inclusion of party
71. Defendant or respondent dead at start of proceeding
72. Party becomes bankrupt, person with impaired capacity or dies during proceeding
73. No substitution order after death of plaintiff or applicant
74. Amendment of proceedings after change of party

Division 4--Representative party

75. Representative party
76. Order for representation
77. Enforcement of order against representative party

Part 2--Multiple proceedings

78. Consolidation of proceedings
79. Sequence of hearings
80. Directions
81. Variation of order

Part 3--Partnerships and business names

Division 1--Partnerships

82. Meaning of partnership proceeding
83. Proceeding in partnership name
84. Disclosure of partners' names
85. Notice of intention to defend
86. Person improperly served as partner
87. Defence
88. Enforcement against individual partner

Division 2--Business names

89. Proceeding if registered business name
90. Proceeding in business name if unregistered
91. Notice of intention to defend
92. Amendment as to parties

Part 4--Persons under a legal incapacity

93. Litigation guardian of person under a legal incapacity
94. Who may be a litigation guardian
95. Appointment of litigation guardian
96. No notice of intention to defend by person under a legal incapacity
97. Disclosure
98. Settlements and compromises
99. Proceedings by and against prisoners

CHAPTER 4--SERVICE

Part 1--Preliminary

100. Definitions for ch 4
101. Service not allowed on certain days
102. Approved document exchanges
103. Service after 4.00p.m.

Part 2--Personal service generally

104. Application of pt 2
105. Personal service for originating process
106. How personal service is performed

Part 3--Service in particular cases

107. Personal service—corporations
108. Personal service—young people
109. Personal service—persons with impaired capacity
110. Personal service—prisoners
111. Personal service in Magistrates Courts proceedings

Part 4--Ordinary service

112. How ordinary service is performed
113. Service in relation to a business
114. Service in relation to a partnership

Part 5--Other service

115. Acceptance of service
116. Substituted service
117. Informal service
118. Service on agent
119. Service under contract
120. Affidavit of service
121. Identity of person served
122. Special requirements for service by fax

Part 6--Service outside Queensland

123. Service outside Queensland

Part 7--Service outside Australia

Division 1--Ordinary service outside Australia

124. When service outside Australia permitted
125. Service of counterclaim or third party notice
126. Setting aside service
127. Service of other process by leave
128. Order for service outside Australia
129. How service outside Australia to be performed

Division 2--Service in convention countries

130. Service in convention countries

Part 8--Service of foreign legal process in Queensland

131. Letter of request from foreign tribunal—procedure
132. Orders for substituted service
133. Noncompliance with rules

CHAPTER 5--NOTICE OF INTENTION TO DEFEND

134. Application of ch 5
135. No step without notice of intention to defend
136. Defendant may act by solicitor or in person
137. Time for notice of intention to defend
138. Late filing of notice of intention to defend
139. Requirements for notice of intention to defend
140. Contact details and address for service
141. Filing notice of intention to defend
142. Service of notice of intention to defend
143. Possession of land
144. Conditional notice of intention to defend

CHAPTER 6--PLEADINGS

Part 1--Introduction

145. Application of pt 1
146. Formal requirements
148. Judgment pleaded

Part 2--Rules of pleading

149. Statements in pleadings
150. Matters to be specifically pleaded
151. Presumed facts
152. Spoken words and documents
153. Condition precedent
154. Inconsistent allegations or claims in pleadings
155. Damages
156. General relief

Part 3--Particulars

157. Particulars in pleading
158. Particulars of damages
159. Interest
160. Way to give particulars
161. Application for order for particulars
162. Striking out particulars
163. Failure to give particulars

Part 4--Progress of pleading

164. Time for serving answer to counterclaim and reply
165. Answering pleadings
166. Denials and nonadmissions
167. Unreasonable denials and nonadmissions
168. Implied nonadmission
169. Close of pleadings
170. Confession of defence
171. Striking out pleadings

Part 5--Particular pleadings

Division 1--Various

172. Defence of tender
173. Set-off
174. Defamation pleadings

Division 2--Counterclaims

175. Application of div 2
176. Counterclaim after issue of claim
177. Counterclaim against plaintiff
178. Counterclaim against additional party
179. Pleading and serving counterclaim
180. Answer to counterclaim
181. Conduct of counterclaim
182. Exclusion of counterclaim
183. Counterclaim after judgment, stay etc. of original proceeding
184. Judgment for balance
185. Stay of claim

Division 3--Admissions

186. Application of div 3
187. Voluntary admission
188. Withdrawal of admission
189. Notice to admit facts or documents
190. Admissions

Part 6--Third party and similar proceedings

191. Explanation of pt 6
192. Reason for third party procedure
193. Content of third party notice
194. Filing third party notice
195. Serving third party notice
196. Effect of service on third party
197. Notice of intention to defend by third party
198. Third party defence
199. Pleadings
200. Counterclaim by third party
201. Default
202. Disclosure
203. Trial
204. Extent third party bound by judgment between plaintiff and defendant
205. Judgment between defendant and third party
206. Claim against another party
207. Subsequent parties
208. Contribution under Law Reform Act 1995

CHAPTER 7--DISCLOSURE

Part 1--Disclosure by parties

Division 1--Disclosure and inspection of documents

209. Application of pt 1
210. Nature of disclosure
211. Duty of disclosure
212. Documents to which disclosure does not apply
213. Privilege claim
214. Disclosure by delivery of list of documents and copies
215. Requirement to produce original documents
216. Disclosure by inspection of documents
217. Procedure for disclosure by producing documents
219. Costs
220. Deferral of disclosure
221. Disclosure of document relating only to damages
222. Inspection of documents referred to in pleadings or affidavits
223. Court orders relating to disclosure
224. Relief from duty to disclose
225. Consequences of nondisclosure
226. Certificate by solicitor
227. Production of documents at trial

Division 2--Interrogatories

228. Entitlement to deliver interrogatories
229. Delivery of interrogatories
230. Granting of leave to deliver interrogatories
231. Answering interrogatories
232. Statement in answer to interrogatories
233. Grounds for objection to answering interrogatories
234. Unnecessary interrogatories
235. Identity of individual by whom verifying affidavit to be made
236. Failure to answer interrogatory
237. Failure to comply with court order
238. Tendering answers

Division 3--General

239. Public interest considerations
240. Service on solicitors of disclosure orders
241. Costs

Part 2--Non-party disclosure

242. Notice requiring non-party disclosure

243. Form and service of notice
244. Others affected by notice
245. Objection to disclosure
246. Objection stays notice
247. Court's decision about objection
248. Production and copying of documents
249. Costs of production

CHAPTER 8--PRESERVATION OF RIGHTS AND PROPERTY

Part 1--Inspection, detention and preservation of property

250. Inspection, detention, custody and preservation of property
251. Perishable property

252. Order affecting non-party

253. Service of application
254. Order before proceeding starts
255. Jurisdiction of court not affected

Part 2--Injunctions and similar orders

Division 1--Preliminary

255A. Definition for pt 2
256. Application of pt 2
257. Relationship with other law
258. Procedure
259. Part 2 order without notice

Division 2--Freezing orders

260. Definitions for div 2
260A. Freezing order
260B. Ancillary order
260C. Respondent need not be party to proceeding
260D. Order against judgment debtor or prospective judgment debtor or third party
260E. Jurisdiction
260F. Service outside Australia of application for freezing order or ancillary order
260G. Costs

Division 3--Search orders

261. Definitions for div 3
261A. Search order
261B. Requirements for grant of search order
261C. Jurisdiction
261D. Terms of search order
261E. Independent solicitors
261F. Costs

Division 4--Miscellaneous

262. Part 2 order without trial
263. Expedited trial
264. Damages and undertaking as to damages
265. Other undertakings and security to perform undertaking

Part 3--Receivers

Division 1--Application

266. Application of pt 3

Division 2--Receivership generally

267. Consent to act as receiver
268. Security
269. Remuneration
270. Accounts
271. Default
272. Powers
273. Death of receiver

Division 3--Enforcement of judgment by appointment of receiver

274. Enforcement of judgment

Part 4--Sales by court order

275. Definition for pt 4
276. Application of pt 4
277. Order for sale
278. Conduct of sale
279. Certificate of result of sale

CHAPTER 9--ENDING PROCEEDINGS EARLY

Part 1--Default

Division 1--Default by plaintiff or applicant

280. Default by plaintiff or applicant

Division 2--Proceedings started by claim

281. Application of div 2
282. Service must be proved
283. Judgment by default—debt or liquidated demand
284. Judgment by default—unliquidated damages
285. Judgment by default—detention of goods
286. Judgment by default—recovery of possession of land
287. Judgment by default—mixed claims
288. Judgment by default—other claims
289. Judgment by default—costs only
290. Setting aside judgment by default and enforcement

Part 2--Summary judgment

Division 1--Application

291. Application of pt 2

Division 2--Applying for summary judgment

292. Summary judgment for plaintiff
293. Summary judgment for defendant
294. Claims not disposed of

Division 3--Evidence

295. Evidence
296. Service

Division 4--Other procedural matters

298. Directions
299. Costs
300. Stay of enforcement
301. Relief from forfeiture
302. Setting aside judgment

Part 3--Discontinuance and withdrawal

303. Discontinuance by party representing another person
304. Discontinuance by plaintiff or applicant
305. Discontinuance by defendant or respondent
306. Withdrawal of notice of intention to defend
307. Costs
308. Withdrawal of defence or subsequent pleading
309. Notice of discontinuance or withdrawal
310. Subsequent proceeding
311. Consolidated proceedings and counterclaims
312. Stay pending payment of costs

Part 4--Alternative dispute resolution processes

Division 1--Preliminary

313. Definitions for pt 4

Division 2--Establishment of ADR processes

314. Approval as mediator
315. Approval as case appraiser
316. ADR register
317. Information to be given to registrar by ADR convenors and venue providers
318. Form of consent order for ADR process
319. Registrar to give notice of proposed reference to ADR process
320. When referral may be made
321. Proceedings referred to ADR process are stayed
322. When does a party impede an ADR process

Division 3--Mediation

323. Referral of dispute to appointed mediator
324. When mediation must start and finish
325. Parties must assist mediator
326. Mediator's role
327. Liberty to apply
328. Mediator may seek independent advice
329. Record of mediation resolution
330. Abandonment of mediation
331. Mediator to file certificate after mediation
332. Unsuccessful mediations
333. Replacement of mediator

Division 4--Case appraisal

334. Referral of dispute to appointed case appraiser
335. Jurisdiction of case appraiser
336. Appearances
337. Case appraiser may seek information
338. Case appraisal proceeding may be recorded
339. Case appraiser's decision
340. Case appraiser's decision on costs in the dispute
341. Effect of case appraiser's decision
342. Case appraiser to file certificate and decision
343. Dissatisfied party may elect to continue
344. Court to have regard to case appraiser's decision when awarding costs
345. Replacement of case appraiser

Division 5--ADR costs

346. Payment of ADR costs
347. Party may pay another party's ADR costs
348. If ADR costs paid to registrar
349. When ADR convenor or venue provider may recover further costs
350. Court may extend period within which costs are to be paid or grant relief
351. Costs of failed ADR process are costs in the dispute

Part 5--Offer to settle

352. Definition for pt 5
353. If offer to settle available
354. Time for making offer
355. Withdrawal or end of offer
356. Effect of offer
357. Disclosure of offer
358. Acceptance of offer
359. Person under a legal incapacity
360. Costs if offer to settle by plaintiff
361. Costs if offer to settle by defendant
362. Interest after service of offer to settle
362A. Multiple beneficiaries
363. Multiple defendants
364. Offer to contribute
365. Failure to comply with offer

CHAPTER 10--COURT SUPERVISION

Part 1--Directions

366. Application for directions
367. Directions
368. Proceeding already being managed by the court
369. Decision in proceeding
370. Failure to attend

Part 2--Failure to comply with rules or order

371. Effect of failure to comply with rules
372. Application because of failure to comply with rules
373. Incorrect originating process
374. Failure to comply with order

Part 3--Amendment

Division 1--Amendment generally

375. Power to amend
376. Amendment after limitation period
377. Amendment of originating process
378. Amendment before request for trial date
379. Disallowance of amendment
380. Amendment after request for trial date
381. Failure to amend after order

Division 2--Procedural matters

382. Procedure for amending
383. Who is required to make amendment
384. Serving amendments

Division 3--Consequences of amendment

385. Pleading to amendment
386. Costs
387. When amendment takes effect

Division 4--Amending orders or certificates

388. Mistakes in orders or certificates

Part 4--Delay

389. Continuation of proceeding after delay

Part 5--Restricting particular applications

389A. Restricting applications that are frivolous, vexatious or abuse of court's process

CHAPTER 11--EVIDENCE

Part 1--General

390. Way evidence given
391. Court may call evidence
392. Evidence by telephone, video link or another form of communication
393. Plans, photographs, video or audio recordings and models
394. Dispensing with rules of evidence
395. Evidence in other proceedings
395A. Application to obtain evidence for civil proceedings in another jurisdiction

Part 2--Evidence given out of court

396. Order for examination
397. Documents for examiner
398. Appointment for examination
399. Conduct of examination
400. Examination of additional persons
401. Objections
402. Recording evidence
403. Authentication and filing
404. Report of examiner
405. Default of witness
406. Witness's expenses
407. Admissibility of deposition
408. Letter of request
409. Undertaking

Part 3--Evidence for future right or claim

410. Application
411. Proceeding to obtain evidence for future right or claim
412. Order to obtain evidence for future claim
413. Taking, use and admissibility of evidence obtained for future right or claim

Part 4--Subpoenas

414. Power to issue subpoena
415. Formal requirements
416. Setting aside subpoena
417. Order for cost of complying with subpoena
418. Cost of complying with subpoena if not a party
419. Conduct money

420. Production by non-party

421. Service
422. Noncompliance is contempt of court

Part 5--Expert evidence

Division 1--Preliminary

423. Purposes of pt 5
424. Application of pt 5
425. Definitions for pt 5

Division 2--Evidence given by an expert

426. Duty of expert
427. Expert evidence
428. Requirements for report
429. Disclosure of report
429A. Supplementary report
429B. Court may direct experts to meet
429C. Immunity
429D. Costs

Division 3--Experts appointed after proceeding started

429E. Application of div 3
429F. Definition for div 3
429G. Appointment of experts
429H. Expert appointed by parties
429I. Expert appointed by court on application
429J. Expert appointed by court on court initiative
429K. Considerations for court when appointing an expert
429L. Report by court appointed expert given to registrar etc.
429M. Orders and directions for court appointed experts
429N. Consequences of court appointment
429O. Court may direct access to information
429P. Expert may apply for directions

Division 4--Experts appointed before proceeding started

429Q. Definition for div 4
429R. Expert appointed by disputants
429S. Expert appointed by court on application

Part 7--Affidavits

430. Contents of affidavit
431. Form of affidavit
432. Swearing or affirming affidavit
433. Certificate of reading or signature for person making affidavit
434. Alterations
435. Exhibits
436. Irregularity
437. Filing
438. Service
439. Examination of person making affidavit
440. Scandal and oppression
441. Affidavit taken before party

Part 8--Exchange of correspondence instead of affidavit evidence

442. Definitions for pt 8
443. Application of pt 8
444. Applicant's letter to respondent
445. Respondent's reply
446. Additional correspondence
447. Application to court
448. Hearing of application

CHAPTER 12--JURISDICTION OF JUDICIAL REGISTRAR AND REGISTRAR

449. Definitions for ch 12
450. Application of ch 12
451. Judicial registrar's powers to hear and decide applications
452. Registrar's powers to hear and decide applications
453. Court may decide that matter can not be heard by judicial registrar or registrar
454. Relevant application must not be made to the court
455. Referring relevant application
456. Removing relevant applications
457. Involvement of court as constituted by a judge
458. General powers
459. Decision
460. Power to correct mistakes

CHAPTER 13--TRIALS AND OTHER HEARINGS

Part 1--Listing applications for hearing

461. Application of pt 1
462. List of applications
463. Estimate of hearing time
464. Adjournments

Part 2--Setting trial dates

465. Application of pt 2
466. Setting trial dates
467. Request for trial date
468. Trial expedited
469. Request for trial date
470. Leave required for steps after request for trial date

Part 3--Trial

Division 1--Mode of trial

471. Application of pt 3
472. Jury
473. Third party proceeding
474. Trial without jury
475. Changing mode of trial

Division 2--Proceedings at trial

476. Default of attendance
477. Adjournment

Division 3--View

478. View by court

Part 4--Decision without pleadings

479. Application of pt 4
480. No pleadings
481. Directions

Part 5--Separate decision on questions

482. Definition for pt 5
483. Order for decision and statement of case for opinion
484. Orders, directions on decision
485. Disposal of proceedings
486. Form and content of separate question

Part 6--Decision on papers without oral hearing

487. Definition for pt 6
488. Application of pt 6
489. Proposal for decision without oral hearing
490. Procedure for making application
491. Court may decide that decision without an oral hearing is inappropriate
492. Respondent's response
493. Applicant's reply
494. Respondent's right to require oral hearing
495. Applicant's right to abandon request for decision without an oral hearing
496. Concise written submissions
497. Further information
498. Order

Part 7--Assessors and special referees

499. Application of pt 7
500. Assessors
501. Special referee
502. Procedure before special referee
503. Submission of question to court
504. Report of special referee
505. Use of opinion, decision or findings
506. Remuneration of special referee and assessor

Part 8--Assessment of damages

507. Conditional order
508. Defendant's default or summary decision
509. Assessment
510. Directions
511. Certificate of damages
512. Damages to time of assessment

Part 9--Magistrates Courts

Division 1--Application

513. Application of pt 9

Division 2--Simplified procedures for minor claims

514. Simplified procedures for minor debt claims
515. Court's decision about minor debt claim
516. Costs in minor debt claims
517. Particular rules do not apply to minor debt claims
518. Address for service
519. Simplified procedures may apply in other cases
520. No counterclaim to minor debt claims
521. Notices in minor debt claims
522. Failure to appear in a minor debt claim

Division 2A--Employment claims
Subdivision 1--Introduction

522A. Application of div 2A
522B. Definitions for div 2A
Subdivision 2--Filing employment claims
522C. Filing employment claim
Subdivision 3--Conciliation of employment claims
522D. Suspension of conciliation process if application to court
522E. Conciliation certificate
522F. Record of conciliation agreement
522G. Abandonment of conciliation
Subdivision 4--Hearing of employment claims
522H. Notice of intention to defend employment claim
522I. Ending employment claim proceedings early
522J. Setting hearing date for employment claim
522K. Procedure for hearing of employment claim
522L. No cross claim in proceeding for employment claim
522M. Failure to appear in an employment claim
Subdivision 5--Miscellaneous
522N. Particular rules do not apply to employment claims

Division 3--Directions conferences

523. Court may require directions conferences
524. Holding directions conference
525. Failure to attend directions conference
526. General directions about directions conferences

CHAPTER 14--PARTICULAR PROCEEDINGS

Part 1--Account

527. Order for account
528. Directions
529. Service of judgment
530. Form and verification
531. Filing and service
532. Challenging account
533. Witness
534. Allowances
535. Delay
536. Before whom account taken
537. Powers exercisable on taking account
538. Class interests
539. Reference to court
540. Certificate as to account
541. Further consideration
542. Procedure for inquiries
543. Directions

Part 2--Personal injury and fatal accidents

544. Definition for pt 2
545. Application of pt 2
546. Waiving compliance
547. Plaintiff's statement of loss and damage
548. Plaintiff's statement must identify particular documents
549. Plaintiff's statement must be accurate
550. Defendant's statement of expert and economic evidence
551. Defendant's statement must identify particular documents
552. Defendant's statement must be accurate
553. Conference if personal injury damages claim
554. Insurers
555. Privilege
556. Pleadings
557. Costs
558. Assessment of damages

Part 3--Moneys in court

Division 1--General

559. Application of division 1
560. Payment or deposit of money in court
561. Disposal of money in court

Division 2--Defamation

562. Defendant's payment into court
563. Costs in particular case

Part 4--Judicial review

564. Definitions for pt 4
565. Application of pt 4
566. Form of application for statutory order of review
567. Form of application for review
568. Application for statutory order of review and for review
569. Relief based on application for review if application made for statutory order of review
570. Filing documents
571. Setting directions hearing
572. Service on other parties
573. Orders and directions at directions hearing
574. Hearing and determination of application at directions hearing if parties agree
575. Nonappearance of parties at directions hearing
576. Application for dismissal or stay at directions hearing
577. Application for dismissal to be made promptly
578. Application for costs order at directions hearing
579. Orders or directions about or for proceeding to be sought at directions hearing
580. Additional requirements for order of certiorari
581. No proceeding in relation to things done under mandamus order
582. Consolidation of proceedings for prerogative injunctions
583. Proceedings in relation to statements of reasons
584. Application by unincorporated body
585. Proceeding for declaration or injunction

Part 5--Habeas corpus

586. Definitions for pt 5
587. Application of pt 5
588. Originating process
589. Application to court
590. Parties 591. Form and procedure
592. Procedure on application
593. Return of writ of habeas corpus
594. Enforcement
595. Form of writ

CHAPTER 15--PROBATE AND ADMINISTRATION

Part 1--Introduction

596. Definitions for ch 15

Part 2--Grants

597. Application for grant
598. General notice of intention to apply for grant
599. Requirements for notice of intention to apply for grant
600. Registrar may make inquiries
601. When registrar may make grant

Part 3--Probate and letters of administration with the will

602. Contents of supporting affidavit
603. Priority for letters of administration with the will
604. Evidence of proper attestation of will
605. Interlineations, alterations and erasures
606. Documents mentioned in or attached to will
607. Wills made by blind or illiterate persons
608. Marginal note

Part 4--Letters of administration on intestacy

609. Contents of supporting affidavit on intestacy
610. Priority for letters of administration
611. Grant to attorney of absent person or person without prior right
612. Court not to make grant on intestacy within 30 days after death
613. Limited administration
614. Limited and special administration

Part 5--Resealing grants under British Probates Act 1898

615. Application of part
616. Who may apply for reseal of foreign grant
617. Notice of intention to apply for reseal
618. Production of grant and testamentary papers
619. Special, limited and temporary grants
620. Notice to original court

Part 6--Certain proceedings under the Public Trustee Act 1978

621. Order to administer
622. Revocation of order to administer

Part 7--Caveats

623. Definitions for pt 7
624. Caveats by person objecting
625. Caveat procedure
626. Setting aside caveat
627. Withdrawal of caveat
628. Effect of caveat filed on day of grant

Part 8--Contested proceedings

629. Definitions for pt 8
630. Application of pt 8
631. Statement of nature of interest
632. Affidavit of scripts
633. Notice to persons with beneficial interest
634. Notice of intention to intervene
635. Claim to name defendants
636. Grant to be filed

Part 9--Miscellaneous

637. Subpoenas
638. Administration pending proceedings
639. Grants to young persons
640. Proof in solemn form
641. Notice of revocation or alteration of resealed Queensland grant
642. Revocation of grants and limited grants
643. Relief against neglect or refusal by executor, administrator or trustee

Part 10--Executors', administrators' and trustees' accounts

644. Filing and passing account on application of beneficiary
645. Order requiring account
646. Applications for commission
647. Notice
648. Appearance of person interested
649. Examination of account
650. Hearing on examination of account
651. Power of court
652. Amended or further account
653. Renewal of objection in subsequent proceeding
654. Evidence in subsequent proceeding
655. General practice to apply
656. Combined executors' and trustees' account
657. Allowance of commission in proceeding

CHAPTER 16--ORDERS

658. General
659. Judgment
660. Order
661. Filing an order
662. Certified duplicate of filed order
663. Reasons for order
664. Delivery of reserved decision by a different judicial officer
665. Time for compliance
666. Consent orders
667. Setting aside
668. Matters arising after order
669. Appointment to settle

CHAPTER 17--SECURITY FOR COSTS

670. Security for costs
671. Prerequisite for security for costs
672. Discretionary factors for security for costs
673. Way security given
674. Stay or dismissal
675. Setting aside or varying order
676. Finalising security
677. Counterclaims and third party proceedings

CHAPTER 17A--COSTS

Part 1--Preliminary

678. Application of ch 17A
679. Definitions

Part 2--Costs of a proceeding

Division 1--Costs of a proceeding generally

680. Entitlement to recover costs
681. General rule about costs
682. General provision about costs
683. Costs in proceeding before Magistrates Court
684. Costs of question or part of proceeding
685. Costs if further proceedings become unnecessary
686. Assessment of costs without order
687. Assessed costs to be paid unless court orders otherwise
688. Costs when proceeding removed to another court
689. Costs in an account
690. Lawyer's delay or neglect
691. Australian lawyer's costs
692. Amendment
693. Application in a proceeding
694. Default judgment
695. Extending or shortening time
696. Costs of inquiry to find person
697. Costs of proceeding in wrong court
698. Reserved costs
699. Receiver's costs
700. Trustee

Division 2--Basis of assessment of costs of a party in a proceeding

701. Application of div 2
702. Standard basis of assessment
703. Indemnity basis of assessment
704. Trustee

Part 3--Assessment of costs other than under the Legal Profession Act 2007

Division 1--Before application

705. Costs statement
706. Objection to costs statement
707. Consent order
708. Default assessment if no objection to costs statement
709. Setting aside default assessment
709A. Failure to serve costs statement

Division 2--Application

710. Application for costs assessment
711. Service of application
712. Agreed costs assessor
713. Costs assessor if no agreement

Division 3--Assessment

714. Powers of an assessing registrar
715. Powers of a costs assessor
716. No participation by a party
717. Issue or question arising
718. Notice of adjournment
719. Conflict of interest
720. Procedure on assessment
721. Discretion of a costs assessor
722. Assessment must be limited
723. Disbursement or fee not paid
724. Professional charges and disbursements
725. Parties with same lawyer
726. Counsel's advice and settling documents
727. Evidence
728. Solicitor advocate
729. Premature brief
730. Retainer of counsel
731. Refresher fees

Division 4--Costs of assessment and offers to settle

732. Costs of assessment
733. Offer to settle costs
734. Acceptance of offer to settle costs
735. Reduction of more than 15%

Division 5--Certificate of costs assessor

736. Agreement as to costs
737. Certificate of assessment
738. Written reasons for decision

Division 6--After assessment

739. Application of div 6
740. Judgment for amount certified
741. Costs may be set off
742. Review by court

Part 4--Assessment of costs under the Legal Profession Act 2007

743. Definition for pt 4
743A. Application for costs assessment
743B. If recovery proceedings started
743C. Court may direct preparation of itemised bill
743D. Notice of application
743E. Agreed costs assessor
743F. Costs assessor if no agreement
743G. Directions hearing
743H. Application to court for directions after certificate of assessment filed
743I. Application of other rules

Part 5--Costs assessors

743J. Eligibility
743K. Application
743L. Appointment
743M. Ongoing disclosure of adverse matters and updated details
743N. List of costs assessors
743O. Charges for costs assessments
743P. Ending an appointment by request
743Q. Ending an appointment for sufficient reason
743R. Effect of ending of appointment or notice about possible ending of appointment
743S. Old basis for taxing costs equates to new basis for assessing costs

CHAPTER 18--APPELLATE PROCEEDINGS

Part 1--Appeals to the Court of Appeal

Division 1--Preliminary

744. Definition for pt 1
745. Application of pt 1

Division 2--Procedural

746. Starting appeal or making application for new trial
747. Content of notice of appeal
748. Time for appealing
749. Parties to appeal
750. Inclusion, removal or substitution of party
751. Amendment of notice of appeal
752. Service
753. Directions conference with registrar
754. Cross appeals
755. Notice of cross appeal
756. Effect of notice of cross appeal
757. Affirmation on other ground
758. Appeal book
759. Registry preparation of appeal book
760. Setting a date for appeal

Division 3--Powers

761. Stay of decision under appeal
762. Dismissal by consent
763. Appeals from refusal of applications made in the absence of parties
764. Consent orders on appeal
765. Nature of appeal and application for new trial
766. General powers
767. Exercise of certain powers by judge of appeal
768. Matter happening in other court
769. Insufficient material
770. New trial
771. Assessment of costs of appeals
772. Security for costs of appeal
773. Way security for costs of appeal to be given
774. Effect of failure to give security for costs of appeal
775. Effect of failure to prosecute appeal

Division 4--Miscellaneous

776. Appeals from outside Brisbane
777. Registrar may publish certain decision

Part 2--Applications and cases stated to Court of Appeal

Division 1--Applications to Court of Appeal

778. Application in appeal or case stated
779. Procedure
780. Documents for application

Division 2--Cases stated

781. Form and contents of case stated

Part 3--Other appeals

782. Application of pt 3
783. Procedure for appeals to District Court from Magistrates Court
784. Procedure for appeals to a court from other entities
785. Application of rules to appeals and cases stated under this part
786. Notice of appeal
787. Procedure for hearing appeal under r 786
788. Consent order
789. Registrar may give directions
790. Preparation for hearing
791. Rehearing after decision of judicial registrar or registrar
792. Leave to appeal

CHAPTER 19--ENFORCEMENT OF MONEY ORDERS

Part 1--Preliminary

793. Definitions for ch 19
794. Enforcement of money orders

795. Enforcement by or against a non-party

796. Conditional order
797. Amount recoverable from enforcement
798. Separate enforcement for costs
799. Enforcement period
800. Stay of enforcement
801. Where to enforce money order
802. Enforcing money order in different court

Part 2--Enforcement hearings

803. Purpose of enforcement hearing
804. When an enforcement hearing may take place
805. Application for end of trial enforcement hearing
806. Outcome of application for end of trial enforcement hearing
807. Enforcement hearing after order is made
808. Person to whom enforcement hearing summons may be directed and service
809. Requirements under enforcement hearing summons
810. Subpoena
811. Conduct money
812. Examination at enforcement hearing
813. Order for enforcement hearing outside district
814. Enforcement hearing warrant
815. Failure concerning financial position statement or enforcement hearing
816. Orders at enforcement hearing

Part 3--Enforcement warrants generally

817. Procedure
818. Deceased enforcement debtor
819. Application to set aside enforcement
820. Issue and enforcement of enforcement warrant
821. Renewal of enforcement warrant
822. Return of particular enforcement warrant
823. Priority of enforcement warrants
824. Enforcement throughout Queensland
825. Concurrent enforcement warrants—Magistrates Court
826. Enforcement beyond the district
827. Cross orders

Part 4--Enforcement warrants for seizure and sale of property

828. Seizure of property under enforcement warrant
829. Order of selling property
830. Payment by enforcement debtor before sale
831. Storage before sale
832. Nature of sale
833. Sale at best price obtainable
834. Advertising
835. Postponement of sale
836. Accountability for, and distribution of, money received
837. Reserve price provisions

Part 5--Enforcement warrants for redirection of debts

Division 1--General

839. Application of pt 5
840. Debts that may be redirected under enforcement warrant
841. Attendance of, or information about, the enforcement debtor
842. When debt redirected under enforcement warrant
843. Payment to enforcement debtor despite redirection
844. Third person disputes liability
845. Claim by other person
846. Discharge of the third person

Division 2--Regular redirections from financial institutions

847. Application of div 2
848. Procedure for issue of enforcement warrant for regular redirection
849. Content of enforcement warrant for regular redirection
850. Service of enforcement warrant for regular redirection
851. Financial institution to make payments
852. Enforcement debtor not to defeat enforcement warrant
853. No other enforcement while regular redirection
854. Setting aside, suspending or varying enforcement warrant for regular redirection

Part 6--Enforcement warrants for redirection of earnings

855. General
856. Procedure for issue of enforcement warrant redirecting earnings
857. Attendance of, or information about, the enforcement debtor
858. Content of enforcement warrant redirecting earnings
859. Service of enforcement warrant redirecting earnings
860. Employer to make payments
861. No enforcement while redirection of earnings
862. Setting aside, suspending or varying enforcement warrant redirecting earnings
863. Cessation of enforcement warrant redirecting earnings
864. Two or more warrants redirecting earnings in force
865. Person served is not enforcement debtor's employer
866. Person ceases to be enforcement debtor's employer
867. Directions

Part 7--Order for payment of order debt by instalments

868. Order may authorise payment by instalments
869. Prerequisites for instalment order
870. No enforcement warrant to issue while instalment order
871. Discharge or variation of instalment order
872. Cessation of instalment order

Part 8--Enforcement warrants for charging orders

874. Application of pt 8
875. Issue of warrant
876. Effect of warrant
877. Enforcement debtor dealing with charged property
878. Issuer dealing with charged property
879. Application to enforce charge
880. Partnership property

Part 9--Money in court and stop orders

881. Money in court
882. Stop orders on money and securities in court

Part 10--Enforcement warrants for appointment of a receiver

883. Application of pt 10
884. General provisions relating to receivers apply
885. Enforcement of a money order
886. Relevant considerations for appointment
887. Inquiry
888. Receiver's powers

Part 11--Enforcement officer

889. Return of enforcement warrant

CHAPTER 20--ENFORCEMENT OF NON-MONEY ORDERS

Part 1--Preliminary

890. Definitions for ch 20
891. Enforcement of non-money orders

892. Enforcement by or against a non-party

893. Amount recoverable from enforcement
894. Enforcement period
895. Stay of enforcement

Part 2--Enforcement of particular non-money orders

896. Order for possession of land
897. Order for delivery of or payment for goods
898. Order to perform or abstain from an act
899. Substituted performance
900. Undertakings
901. Attendance of individuals
902. Attendance of corporation
903. Effect on power to punish for contempt
904. Prerequisite to enforcement by contempt or seizing property
905. Conditional order

Part 3--Enforcement warrants generally

906. Procedure
907. Application to set aside enforcement
908. Issue and enforcement of enforcement warrant
909. Renewal of enforcement warrant
910. Return of enforcement warrant
911. Priority of enforcement warrants
912. Enforcement throughout Queensland

Part 4--Enforcement warrants for possession

913. Prerequisites to enforcement warrant for possession
914. Procedure
915. Enforcement warrant for possession

Part 5--Enforcement warrants for delivery of goods

916. Enforcement warrant for delivery

Part 6--Enforcement warrants for seizure and detention of property

917. Property that may be seized under enforcement warrant
918. Prerequisite for enforcement warrant authorising seizure and detention of property
919. Enforcement against officer of corporation
920. Return of seized property

Part 7--Contempt

Division 1--Preliminary

921. Definition for pt 7

Division 2--Contempt in face or hearing of court

922. Arrest
923. Custody
924. Hearing

Division 3--Application for punishment for contempt

925. Application of div 3
926. Procedure under div 3
927. Arrest
928. Application by registrar

Division 4--General

929. Warrant
930. Punishment
931. Imprisonment
932. Costs

Part 8--Warrant for defendant's arrest

933. Constitution of court
934. Application
935. Issue of warrant for defendant's arrest
936. Enforcement of warrant for defendant's arrest
937. Costs of enforcement
938. Service of warrant and claim
939. Record of enforcement
940. Procedure after arrest
941. Release of defendant
942. Court powers
943. Failure to comply with conditions
944. Review
945. Restriction on further applications
946. Costs
947. Return of enforcement warrant

CHAPTER 20A--RECIPROCAL ENFORCEMENT OF FOREIGN JUDGMENTS

Part 1--Preliminary

947A. Definitions for ch 20A
947B. Application of rules and practices of court

Part 2--Reciprocal enforcement of foreign judgments

947C. Definition for pt 2
947D. Application for registration of judgment
947E. Evidence in support of application
947F. Security for costs of application
947G. Order for registration
947H. Register of judgments
947I. Registration of judgments
947J. Notice of registration
947K. Details of service to be written on notice
947L. Application to set aside registration of judgment
947M. Enforcement of judgment

Part 3--Reciprocal enforcement of Australian judgments

947N. Certificate of judgment

CHAPTER 21--INTERPLEADER ORDERS

Part 1--Interpretation

948. Definitions for ch 21

Part 2--Stakeholder's interpleader

949. Stakeholder's interpleader

Part 3--Enforcement officer's interpleader

950. Enforcement officer's interpleader
951. Failure to give notice of claim
952. Notice to enforcement creditor
953. Admission of claim
954. Enforcement officer's interpleader application
955. Action against enforcement officer or enforcement creditor

Part 4--Interpleader orders

956. Default by claimant
957. Neutrality of applicant
958. Trial
959. Disposal of money in court

CHAPTER 22--DOCUMENTS, REGISTRY AND SOLICITORS

Part 1--Documents

Division 1--General provisions about documents to be filed

960. Application of div 1
961. Layout
962. Figures may be used
963. Alterations
964. Serial number
965. Copies
966. Giving copies to other parties

Division 2--Filing documents

967. How documents may be filed
968. Filing documents personally
969. Filing documents by post
970. Affidavit of debt by post
971. Filing fees
972. Court fees if state-related party
973. Scandalous material

Division 3--Other provisions about documents

974. Form of notices
975. Use of approved forms

Division 4--Electronic court documents

975A. Application of div 4
975B. Definitions for div 4
975C. Electronic filing
975D. Responsibility for document electronically filed
975E. Retention and status of document electronically filed
975F. Approved entity must be sent a copy of document electronically filed
975G. If both electronic and paper documents filed
975H. Request for electronic judgment under r 283
975I. Electronic judgment

Part 2--Registry

976. Office hours
977. Registrar to keep records
978. Registrar to keep and use seal
979. Issue of commissions
980. Copies of documents
981. Searches
982. Referral to judge or magistrate
983. Admiralty
984. Clerks
984A. Disposal of exhibits

Part 3--Solicitors

985. Solicitor's act
986. Change between acting personally and acting by solicitor
987. Change of solicitor
988. Removal of solicitor by court
989. Solicitor struck off or suspended
990. Application for leave to withdraw as solicitor
991. Leave to withdraw as solicitor
992. Effect of leave to withdraw as solicitor
993. Withdrawal of town agent
994. Crown solicitor etc.

CHAPTER 23--PROCEEDINGS UNDER CORPORATIONS ACT OR ASIC ACT

995. Rules for proceedings under Corporations Act or ASIC Act

CHAPTER 24--TRANSITIONAL PROVISIONS

996. Transitional—Uniform Civil Procedure Amendment Rule (No. 1) 2004
997. Transitional provision—Uniform Civil Procedure Amendment Rule (No. 1) 2005
SCHEDULE 1A -- RULES FOR PROCEEDINGS UNDER CORPORATIONS ACT OR ASIC ACT
SCHEDULE 1B -- POWERS OF THE COURT THAT MAY BE EXERCISED BY A REGISTRAR
SCHEDULE 1 -- SCALE OF COSTS--SUPREME COURT
SCHEDULE 2 -- SCALE OF COSTS--DISTRICT COURT
SCHEDULE 3 -- SCALE OF COSTS--MAGISTRATES COURTS
SCHEDULE 4 -- DICTIONARY
Endnotes

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