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UNIFORM CIVIL PROCEDURE RULES 1999 - NOTES

UNIFORM CIVIL PROCEDURE RULES 1999 - NOTES

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

Note to Subdivision 1 Notes—

1 This division was developed by the Council of Chief Justices’ Rules Harmonisation Committee and forms part of a scheme to implement Australia’s obligations under the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters. Under the convention, the Attorney-General’s Department of the Commonwealth is designated as the Central Authority (under article 2 of the Hague Convention) and certain courts and government departments are, for certain purposes, designated as ‘other’ or ‘additional’ authorities (under article 18 of the Hague Convention).
2 This division provides (in subdivision 2) for service in overseas Hague Convention countries of local judicial documents (documents relating to a proceeding in the Supreme Court, the District Court or a Magistrates Court) and (in subdivision 3) for default judgment in a proceeding in the court after service overseas of such a document. Subdivision 4, on the other hand, deals with service by the Supreme Court or arranged by the court in its role as an other or additional authority, of judicial documents emanating from overseas convention countries.
3 Information about the Hague Convention, including a copy of the Hague Convention, a list of all Hague Convention countries, details of declarations and reservations made under the Hague Convention by each of those countries and the names and addresses of the Central Authority and other or additional authorities of each of those countries, may be found on the website of the Hague Conference on Private International Law.

Note to Part 4 Note—

See the Civil Proceedings Act 2011, part 7 which provides for matters relating to compliance with subpoenas.

Note to Part 2 Note—

This part applies to costs payable or to be assessed under the Legal Profession Act 2007 only if section 319 (1) (b) of that Act applies to the costs—see rule 678 (2) (a).

Note to Part 3 Note—

This part does not apply to costs payable or to be assessed under the Legal Profession Act 2007 —see rule 678 (2) (b).

Note to Part 4 Note—

This part applies only to costs payable or to be assessed under the Legal Profession Act 2007 —see rule 678 (2) (c). Also, a reference in this part to a costs assessor does not include a reference to an assessing registrar—see rule 679, definition costs assessor.

Note to Part 5 Note—

A reference in this part to a costs assessor does not include a reference to an assessing registrar—see rule 679, definition costs assessor.