Queensland Consolidated Regulations

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UNIFORM CIVIL PROCEDURE RULES 1999 - SECT 44

44 Objection to court

(1) A defendant or respondent may object to the starting of a proceeding other than in the correct district under division 2--

(a) for a proceeding started by claim--only if the objection is included in the defendant's notice of intention to defend; or
(b) for another proceeding--by application for dismissal of the proceeding.

(2) If the defendant or respondent does not object, the court can not, on its own initiative, decide that the proceeding should have been started in another district or that the court has no jurisdiction.

(3) The objection is taken to be an application.

(4) The court may make any of the following orders on an application or objection under this rule--

(a) an order dismissing--
(i) the application or objection; or
(ii) the proceeding;
(b) an order transferring the proceeding to another court.


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