Queensland Consolidated Regulations

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UNIFORM CIVIL PROCEDURE RULES 1999 - SECT 35

35 General rule

(1) A person must start a proceeding before a court in 1 of the following districts--

(a) the district in which the defendant or respondent lives or carries on business;
(b) if there is more than 1 defendant or respondent--the district in which 1 or more of the defendants or respondents live or carry on business;
(c) if the parties to a proceeding to be started in a Magistrates Court or the District Court consent in writing and file the consent with the registrar--
(i) for a Magistrates Court--any Magistrates Courts district; or
(ii) for the District Court--any district of the District Court;
(d) if a defendant has agreed or undertaken in writing to pay a debt or another amount at a particular place--the district in which the place is located;
(e) the district in which all or part of the claim or cause of action arose;
(f) if the proceeding is a claim for the recovery of possession of land--the district in which the land is located.

(2) However, if the proceeding is to be started in the District Court and subrule (1) does not apply--

(a) a person may, without notice to a proposed party, apply to the District Court for directions about the district in which the proceeding should be started; and
(b) the person may start the proceeding in accordance with the court's directions.

(3) For these rules, a division of the Brisbane Magistrates Court is taken to be a district.



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