• Specific Year
    Any

UNIFORM CIVIL PROCEDURE RULES 1999

- Made under the Supreme Court of Queensland Act 1991 - As at 16 February 2024 - Reg 111 of 1999

Table of Provisions

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

  • 33 Central registry

Division 2 - Starting proceeding other than in central registry

  • 34 Application of div 2
  • 35 General rule

Division 3 - Area of Magistrates Courts districts

  • 36 Application of div 3
  • 37 Extended area of Magistrates Courts districts

Division 4 - Objection to, and change of, venue

  • 38 Objection to venue
  • 39 Change of venue by court order
  • 40 Change of venue by agreement
  • 41 Consequences of transfer
  • 42. (Repealed) 43. (Repealed) 44. (Repealed) 45. (Repealed) 46. (Repealed) 47. (Repealed) 48. (Repealed) 49. (Repealed)

Division 5 - 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

  • 74A Application of division
  • 75 Representative party
  • 76 Order for representation
  • 77 Enforcement of order against representative party

Division 5 - Representative proceedings in Supreme Court

  • 77A Application of division
  • 77B Starting representative proceeding
  • 77C Requirements for giving consent to be group member
  • 77D Requirements for giving notice to opt out of representative proceeding
  • 77E Representative party must give list of opt-out group members
  • 77F Requirements for particular applications in representative proceedings

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, OR EMANATING FROM OUTSIDE, AUSTRALIA

Division 1 - Ordinary service outside Australia

Subdivision 1 - Supreme Court proceedings
  • 124 Application of subdivision
  • 125 When service allowed without leave
  • 126 When service allowed with leave
  • 127 Court’s discretion whether to assume jurisdiction
  • 128 Notice to person served outside Australia
  • 129 Time for notice of intention to defend
  • 129A Service of application and affidavit
  • 129B Leave to proceed if no notice filed by person
  • 129C Service of other documents outside Australia
  • 129D Mode of service
  • Subdivision 2 - District Court and Magistrates Court proceedings
  • 129E Application of subdivision
  • 129F When service allowed without leave
  • 129G When service allowed with leave
  • 129H Application of rr 127–129D

Division 2 - Service in convention countries

Division 3 - Service under the Hague Convention

Subdivision 1 - Preliminary Notes—
  • 130A Definitions for div 3
  • 130B Provisions of this division to prevail
  • Subdivision 2 - Service abroad of local judicial documents
  • 130C Application of sdiv 2
  • 130D Application for request for service abroad
  • 130E How application to be dealt with
  • 130F Procedure on receipt of certificate of service
  • 130G Payment of costs
  • 130H Evidence of service
  • Subdivision 3 - Default judgment following service abroad of initiating process
  • 130I Application of sdiv 3
  • 130J Restriction on power to enter default judgment if certificate of service filed
  • 130K Restriction on power to enter default judgment if certificate of service not filed
  • 130L Setting aside judgment in default of appearance
  • Subdivision 4 - Local service of foreign judicial documents
  • 130M Application of sdiv 4
  • 130N Certain documents to be referred back to the Attorney-General’s Department of the Commonwealth
  • 130O Service
  • 130P Affidavit as to service

Division 4 - Service of foreign legal process in Queensland other than under the Hague Convention

  • 130Q Application of div 4
  • 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
  • 147. (Repealed)
  • 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 non-admissions
  • 167 Unreasonable denials and non-admissions
  • 168 Implied non-admission
  • 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 - PRELIMINARY DISCLOSURE

208A. (Repealed)
  • 208B Definitions for part
  • 208C Orders to ascertain identity or whereabouts of prospective defendant
  • 208D Orders for preliminary disclosure
  • 208E Security for costs
  • 208F Privilege
  • 208G Costs and other expenses

PART 2 - DISCLOSURE GENERALLY

Division 1 - Preliminary

  • 209 Application of part

Division 2 - Disclosure by parties

Subdivision 1 - Disclosure and inspection of documents
  • 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
  • 218. (Repealed)
  • 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
  • Subdivision 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
  • Subdivision 3 - General
  • 239 Public interest considerations
  • 240 Service on solicitors of disclosure orders
  • 241 Costs

Division 3 - 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

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. (Repealed)
  • 260G Costs

Division 3 - Search orders

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

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
  • 297. (Repealed)

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
  • 308A Discontinuance by parties when proceeding settled
  • 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
  • 314. (Repealed) 315. (Repealed) 316. (Repealed) 317. (Repealed) 318. (Repealed)

Division 2 - Establishment of ADR processes

  • 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 Requirements for certificate about 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 Requirements for case appraiser’s 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 Definitions for pt 5
  • 353 If offer 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 by plaintiff
  • 361 Costs if offer by defendant—order obtained by plaintiff
  • 361A Costs if offer by defendant—dismissal of plaintiff’s proceeding
  • 362 Interest after service of offer
  • 362A Multiple beneficiaries
  • 363 Multiple defendants
  • 364 Offer to contribute
  • 365 Failure to comply with offer

CHAPTER 9A - COMMERCIAL ARBITRATION

PART 1 - PRELIMINARY

  • 365A Words and expressions
  • 365B Documents not in English

PART 2 - INTERNATIONAL COMMERCIAL ARBITRATION

  • 365C Application for stay and referral to arbitration—foreign arbitration agreements
  • 365D Application to enforce foreign award
  • 365E Application for referral to arbitration—Model Law, art 8
  • 365F Subpoenas
  • 365G Application relating to evidence for arbitration
  • 365H Application relating to disclosure of confidential information
  • 365I Application for relief under miscellaneous provisions of Model Law
  • 365J Application to set aside award—Model Law, art 34
  • 365K Enforcement of award—Model Law, art 35
  • 365L Enforcement of Investment Convention award

PART 3 - DOMESTIC COMMERCIAL ARBITRATION

  • 365M Application for referral to arbitration
  • 365N Subpoenas
  • 365O Application relating to evidence for arbitration
  • 365P Application relating to disclosure of confidential information
  • 365Q Application for relief under miscellaneous provisions of Commercial Arbitration Act 2013
  • 365R Preliminary point of law
  • 365S Application to set aside award
  • 365T Appeal
  • 365U Application to enforce award

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. (Repealed)
  • 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. (Repealed)
  • 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 person required to attend
  • 406 Expenses etc. of person required to attend
  • 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

Note—
  • 413A Definitions for part
  • 414 Power to issue subpoena
  • 415 Formal requirements
  • 415A Change of date or time for attendance or production
  • 415B Giving notice of way person is to attend to give evidence
  • 416 Setting aside subpoena
  • 417 Costs and expenses of complying with subpoena
  • 418 Cost of complying with subpoena if not a party
  • 419 Conduct money
  • 420 Production by non-party
  • 420A Copy of document may be produced
  • 421 Service
  • 422 Court may give directions
  • 422A Inspecting particular documents and things produced
  • 422B Objecting to inspection of particular documents and things produced
  • 422C Removal from registry of particular documents and things produced
  • 422D Production of documents and things in custody of court or another court

PART 5 - EXPERT EVIDENCE

Division 1 - Preliminary

Division 2 - Directions

  • 426 Application for directions
  • 427 Directions generally
  • 428 Directions about experts’ conferences and joint reports

Division 3 - Experts’ conferences and joint reports

  • 429 Application of division
  • 429A Experts’ conference and joint report
  • 429B Permitted communications between experts and parties
  • 429C Restriction on admissibility of particular matters

Division 4 - Giving of evidence by experts and related matters

  • 429D Application of division
  • 429E Duty of parties
  • 429F Duty of expert
  • 429G Expert evidence
  • 429H Requirements for report
  • 429I Disclosure of report
  • 429J Immunity
  • 429K Supplementary report following change of opinion

Division 5 - Appointment of experts by parties jointly and by court

Subdivision 1 - Experts appointed by parties jointly
  • 429L Appointment of expert
  • 429M Requirements for appointment
  • 429N Provision of statement of facts
  • 429O Disclosure of report
  • 429P Restriction on other expert evidence
  • 429Q Cross-examination of expert
  • Subdivision 2 - Experts appointed by court
  • 429R Appointment of expert
  • 429S Requirements in relation to report
  • 429T Disclosure of report
  • 429U Orders and directions for court-appointed experts
  • Subdivision 3 - Application for directions by experts appointed under subdivision 1 or 2
  • 429V Expert may apply for directions

PART 7 - AFFIDAVITS

  • 429W Definitions for part
  • 429X References to witnesses, signatories and substitute signatories
  • 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 signatory for 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

PART 9 - ACCESS TO EXHIBITS

  • 448A References to exhibits
  • 448B Access to exhibits by parties
  • 448C Access to exhibits by non-parties

CHAPTER 12 - JURISDICTION OF REGISTRAR

  • 449 Definition for ch 12
  • 450 Application of ch 12
  • 451. (Repealed)
  • 452 Registrar’s powers to hear and decide applications
  • 453 Court may decide that matter can not be heard by 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 AND RELATED MATTERS

465. (Repealed)
  • 466 Setting trial dates
  • 467 Request for trial date
  • 468 Trial expedited
  • 469 Dispensing with signature on request for trial date
  • 470 Leave required for steps after trial date requested or set

PART 3 - TRIAL

Division 1 - Mode of trial

  • 471 Application of pt 3
  • 472 Jury
  • 473 Third party proceeding
  • 474. (Repealed)
  • 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 REFEREES

  • 499 Application of pt 7
  • 500 Assessors
  • 501 Court may refer question to referee
  • 502 Setting aside or varying order
  • 503 Conduct of inquiry before referee
  • 504 Obligations of parties
  • 505 Directions
  • 505A Referee may submit question to court
  • 505B Referee’s report
  • 505C Actions by court
  • 505D Use of referee’s report
  • 506 Remuneration of 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

  • 514 Application of simplified procedures
  • 515 Simplified procedures
  • 516 Hearing and deciding claim
  • 517. (Repealed) 518. (Repealed) 519. (Repealed) 520. (Repealed) 521. (Repealed) 522. (Repealed)

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 - Settlement conferences

  • 523 Court may require settlement conference
  • 524 Holding settlement conference
  • 525 Failure to attend settlement conference
  • 526 General directions about settlement 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

559. (Repealed)
  • 560 Payment or deposit of money in court
  • 561 Disposal of money in court
  • 562. (Repealed) 563. (Repealed)

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 Non-appearance 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

PART 6 - TRANS-TASMAN PROCEEDINGS

Division 1 - Preliminary

Division 2 - Starting proceedings and applications in proceedings

  • 595D Starting proceeding for order under Trans-Tasman Proceedings Act
  • 595E Applications in proceeding under Trans-Tasman Proceedings Act

Division 3 - Subpoenas

  • 595F Application for leave to serve subpoena in New Zealand
  • 595G Application to set aside subpoena
  • 595H Application for issue of certificate of noncompliance with subpoena

Division 4 - Registration and enforcement of NZ judgments

  • 595I Notice of registration of NZ judgment
  • 595J Application for extension of time to give notice of registration of NZ judgment
  • 595K Enforcement of registered NZ judgment
  • 595L Application to set aside registration of NZ judgment
  • 595M Applications relating to a stay of enforcement of registered NZ judgment

Division 5 - Remote appearances

  • 595N Application for order for use of audio link or audiovisual link

CHAPTER 15 - PROBATE AND ADMINISTRATION, AND TRUST ESTATES

PART 1 - INTRODUCTION

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 - ASSESSMENT OF ESTATE ACCOUNTS

Division 1 - Preliminary

Division 2 - Applying for orders for filing, assessing and passing estate accounts etc.

  • 645 Application by beneficiary for filing, assessing and passing estate account
  • 646 Requirements for making application for filing, assessing and passing estate account
  • 647 Application by trustee for assessing and passing estate account
  • 648 Requirements of estate account
  • 649 Filing estate account and notice of objection
  • 650 Referral of issue to costs assessor

Division 3 - Assessment of estate accounts

  • 651 Procedure on assessment
  • 652 Powers of account assessor
  • 653 No participation by party
  • 654 Issue or question arising
  • 655 Notice of adjournment
  • 656 Conflict of interest
  • 657 Certificate of account assessment
  • 657A Written reasons for decision

Division 4 - Passing estate accounts

  • 657B Passing estate account

Division 5 - Commission

  • 657C Application for commission
  • 657D Court may require filing of estate account
  • 657E Decision on application for commission
  • 657F Other orders and agreements

PART 11 - ACCOUNT ASSESSORS

  • 657G Eligibility
  • 657H Application
  • 657I Appointment
  • 657J Ongoing disclosure of adverse matters and updated details
  • 657K List of account assessors
  • 657L Charges for account assessments
  • 657M Ending an appointment by request
  • 657N Ending an appointment for sufficient reason
  • 657O Effect of ending of appointment or notice about possible ending of appointment

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

PART 2 - COSTS OF A PROCEEDING

Note—

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
  • 700A Estates of deceased persons and trusts

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

Note—

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
  • 713A Service of order appointing costs assessor

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
  • 737A Information about outcome of costs 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

Note—
  • 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

Note—
  • 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

PART 6 - TRANSITIONAL RULES ABOUT COSTS

  • 743S Old basis for taxing costs equates to new basis for assessing costs
  • 743T (Expired)
  • 743U (Expired)
  • 743V (Expired)
  • 743W (Expired)

CHAPTER 18 - APPELLATE PROCEEDINGS

PART 1 - APPEALS TO THE COURT OF APPEAL

Division 1 - Preliminary

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 Statement of financial position
  • 808 Enforcement hearing after money order is made
  • 809 Person to whom enforcement hearing summons may be directed and service
  • 810 Location for enforcement hearing
  • 811 Conduct money
  • 812 Subpoena
  • 813 Enforcement hearing
  • 814 Orders at enforcement hearing
  • 815 Failure or refusal in relation to statement of financial position or enforcement hearing
  • 816 Enforcement hearing warrant

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
  • 838. (Repealed)

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
  • 873. (Repealed)

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 Definition 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. (Repealed)
  • 898 Order to perform or abstain from an act
  • 899 Substituted performance
  • 900 Undertakings
  • 901. (Repealed) 902. (Repealed) 903. (Repealed)
  • 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 seizure and delivery of goods

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

Division 2 - Contempt in face or hearing of court

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

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

PART 9 - ENFORCEMENT OFFICER

  • 947 Return of enforcement warrant

CHAPTER 20A - RECIPROCAL ENFORCEMENT OF FOREIGN JUDGMENTS

PART 1 - PRELIMINARY

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

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 1AA - Preliminary

Division 1 - General provisions about documents to be filed

  • 960 Application of div 1
  • 961 Layout
  • 962 Figures may be used
  • 963 Alterations to documents other than affidavits and statutory declarations
  • 963A Alterations to statutory declarations
  • 964 Serial number
  • 965 Copies
  • 966 Giving copies to other parties

Division 2 - Filing documents

  • 967 How documents may be filed
  • 967A Filing of affidavits and statutory declarations made using counterparts
  • 968 Filing documents personally
  • 969 Filing documents by post
  • 969A Electronically filing documents
  • 970 Affidavit of debt by post
  • 971. (Repealed)
  • 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 - Particular provisions for electronically filed documents

  • 975A Application of particular provisions to electronically filed documents
  • 975B Retention and status of document electronically filed
  • 975C Electronic filing of affidavits and statutory declarations
  • 975D Particular affidavits and statutory declarations taken to be filed
  • 975E Approvals of principal registrar

Division 5 - Retention of particular documents under Oaths Act 1867

Division 6 - Inspection and copying of filed documents

  • 975G Definition for division
  • 975H Inspection and copying of documents filed in proceedings
  • 975I Application for order permitting inspection of particular documents filed in proceedings
  • 975J. (Repealed) 975K. (Repealed) 975L. (Repealed) 975M. (Repealed)

PART 2 - REGISTRY

  • 976 Office hours
  • 977 Registrar to keep records
  • 978 Issue of documents
  • 978A Issuing documents electronically
  • 979 Issue of commissions
  • 980. (Repealed) 981. (Repealed)
  • 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, CROSS-BORDER INSOLVENCY ACT 2008 (CWLTH) OR ASIC ACT

CHAPTER 24 - TRANSITIONAL PROVISIONS

PART 1 - PROVISION FOR UNIFORM CIVIL PROCEDURE AMENDMENT RULE (NO. 1) 2004

  • 996 Transitional provision

PART 2 - PROVISION FOR UNIFORM CIVIL PROCEDURE AMENDMENT RULE (NO. 1) 2005

  • 997 Transitional provision

PART 3 - PROVISION FOR QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL (JURISDICTION PROVISIONS) AMENDMENT REGULATION (NO. 1) 2009

  • 998 Proceeding for claim started

PART 4 - PROVISION FOR CIVIL AND CRIMINAL JURISDICTION REFORM AND MODERNISATION AMENDMENT ACT 2010

  • 999 Transitional provision

PART 5 - PROVISION FOR UNIFORM CIVIL PROCEDURE (FEES) AND OTHER LEGISLATION AMENDMENT REGULATION (NO. 1) 2011

  • 1000 Transitional provision

PART 6 - PROVISION FOR UNIFORM CIVIL PROCEDURE AMENDMENT RULE (NO. 1) 2011

  • 1001 Transitional provision

PART 7 - TRANSITIONAL PROVISION FOR UNIFORM CIVIL PROCEDURE RULES AND OTHER LEGISLATION AMENDMENT AND REPEAL REGULATION (NO. 1) 2018

  • 1002 Existing service providers

PART 8 - TRANSITIONAL PROVISION FOR UNIFORM CIVIL PROCEDURE (OFFERS TO SETTLE) AMENDMENT RULE 2023

1003. Costs in relation to offers to settle

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