Queensland Consolidated Regulations

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UNIFORM CIVIL PROCEDURE RULES 1999 - SCHEDULE 4

-- DICTIONARY

account, for a financial institution, for chapter 19, see rule 793.

accounting party, for chapter 14, part 1, see rule 530(2).

address for service means--

(a) for a plaintiff, applicant or appellant--see rule 17(6); and
(b) for a respondent--the address given under rule 29; and
(c) for a defendant--see rule 17(6) as applied by rule 140.

administration charge means--

(a) the amount set from time to time by a practice direction issued by--
(i) for an enforcement warrant issued by the Supreme Court--the Chief Justice; or
(ii) for an enforcement warrant issued by the District Court--the Chief Judge; or
(iii) for an enforcement warrant issued by a Magistrates Court--the Chief Magistrate; or
(b) if a practice direction is not in force--$3.00.

ADR costs, for chapter 9, part 4, see rule 313.

applicant--

(a) for chapter 4, part 7, division 3, see rule 130A; or
(b) for chapter 15, part 7, see rule 623; or
(c) for chapter 21, see rule 948.

application--

1 Each of the following is an application--
(a) an application starting a proceeding;
(b) another application.
2 If the court orders a proceeding started by claim to continue as an application, the claim is also an application for these rules.

application because of default means an application under chapter 9, part 1.

approved document exchange means a document exchange approved under rule 102.

approved entity, for chapter 22, part 1, division 4, see rule 975B.

assessed costs, for chapter 17A, see rule 679.

assessing registrar, for chapter 17A, see rule 679.

attached to a document includes incorporated into the document.

Australia, for chapter 4, see rule 100.

Australian lawyer, for chapter 17A, see rule 679.

Brisbane registrar, for chapter 17A, see rule 679.

business day see the Acts Interpretation Act 1954, section 36.

caveator, for chapter 15, part 7, see rule 623.

central registry, of the Supreme Court, means the registry at Brisbane, Rockhampton, Townsville or Cairns.

certificate of assessment, for chapter 17A, see rule 679.

claim--

1 A claim is a document under chapter 2, part 3 starting a proceeding.
2 If the court orders a proceeding started by application to continue as a claim, the application is also a claim for these rules.

claimant, for chapter 21, see rule 948.

client, for chapter 17A, see rule 679.

Commonwealth Act, for chapter 20A, see rule 947A.

conciliation certificate, for chapter 13, part 9, division 2A, see rule 522B.

condition see the Supreme Court of Queensland Act 1991, schedule 2.

contested proceeding, for chapter 15, part 8, see rule 629.

costs assessment, for chapter 17A, see rule 679.

costs assessor, for chapter 17A, see rule 679.

costs of the proceeding, for chapter 17A, see rule 679.

costs statement, for chapter 17A, see rule 679.

decision without an oral hearing, for chapter 13, part 6, see rule 487.

defence includes an answer to counterclaim.

defendant includes--

(a) a person who is served with a counterclaim; or
(b) a person who is served with a notice claiming a contribution or indemnity; or
(c) a third, fourth or subsequent party; or
(d) for chapter 4, part 7, division 3, see rule 130A; or
(e) for chapter 14, part 2, see rule 544.

district--

(a) for the Supreme Court--see the Supreme Court Act 1995, part 19; or
(b) for the District Court--see the District Court of Queensland Act 1967; or
(c) for a Magistrates Court--see the Magistrates Courts Act 1921.

district registry, for the Supreme Court, means a registry constituted for a district under the Supreme Court Act 1995, part 19.

earnings, for chapter 19, see rule 793.

electronically file, for chapter 22, part 1, division 4 and rule 516, see rule 975B.

electronic judgment, for chapter 22, part 1, division 4, see rule 975B.

employer, for chapter 19, see rule 793.

employment claim, for chapter 13, part 9, division 2A, see rule 522B.

end of trial enforcement hearing, for chapter 19, part 2, see rule 805.

enforceable money order, for chapter 19, see rule 793.

enforcement creditor--

(a) for chapter 19, see rule 793; or
(b) for chapter 21, see rule 948.

enforcement debtor, for chapter 19, see rule 793.

enforcement officer see the Supreme Court of Queensland Act 1991, schedule 2.

enforcement warrant--

(a) for chapter 19, see rule 793; or
(b) for chapter 20, see rule 890; or
(c) for chapter 21, see rule 948.

enforcement warrant for regular redirection, for chapter 19, part 5, division 2, see rule 848.

estate, for chapter 15, see rule 596.

exempt property see the Supreme Court of Queensland Act 1991, schedule 2.

foreign grant, for chapter 15, part 5, see rule 615.

fourth person, for chapter 19, part 5, division 2, see rule 847(1)(b).

grant--

(a) for chapter 15 generally, see rule 596; and
(b) for chapter 15, part 7, see rule 623.

instalment order, for chapter 19, see rule 868(1).

interest, in a managed investment scheme, see the Corporations Act, section 9.

interpleader order, for chapter 21, see rule 948.

issued, for a document filed in the court, means the appropriate officer of the court has stamped the seal of the court on it.

itemised bill, for chapter 17A, see rule 679.

judgment--

(a) for chapter 16, see rule 659; and
(b) for chapter 20A, see rule 947A.

judgment creditor, for chapter 20A, see rule 947A.

judgment debtor, for chapter 20A, see rule 947A.

jurat see rule 432(3).

land, for chapter 8, part 4, see rule 275.

limitation period means a limitation period under the Limitation of Actions Act 1974.

minor claim see the Supreme Court of Queensland Act 1991, schedule 2.

minor debt claim see the Supreme Court of Queensland Act 1991, schedule 2.

money order see the Supreme Court of Queensland Act 1991, schedule 2.

non-money order see the Supreme Court of Queensland Act 1991, schedule 2.

notice to support a caveat, for chapter 15, part 7, see rule 623.

oath see the Acts Interpretation Act 1954, section 36.

offer, for chapter 9, part 5, see rule 352.

offer to settle, for chapter 9, part 5, see rule 352.

officer, of a corporation, includes a former officer of the corporation.

order, except for chapter 8, part 2, division 2, includes a judgment, direction, decision or determination of a court whether final or otherwise.

order debt, for chapter 19, see rule 793.

part 2 order, for chapter 8, part 2, see rule 255A.

partner, for chapter 19, see rule 793.

partnership see the Partnership Act 1891.

party, for chapter 17A, see rule 679.

person under a legal incapacity see the Supreme Court of Queensland Act 1991, schedule 2.

person with impaired capacity see the Supreme Court of Queensland Act 1991, schedule 2.

plaintiff includes a party who files--

(a) a counterclaim; or
(b) a third party notice or a notice joining a fourth or subsequent party; or
(c) a notice claiming a contribution or indemnity.

pleading means--

(a) for a plaintiff--a concise statement in a claim of the material facts on which the plaintiff relies; or
(b) for a defendant--the defence stated in a notice of intention to defend or a defence;

and includes a joinder of issue and an affidavit ordered to stand as a pleading.

property, for chapter 21, see rule 948.

public trustee, for chapter 15, see rule 596.

question, for chapter 13, part 5, see rule 482.

referred dispute, for chapter 9, part 4, see rule 313.

registrar--

(a) for chapter 4, part 7, division 3, see rule 130A; and
(b) for chapter 9, part 4, see rule 313; and
(c) for chapter 13, part 9, division 2A, see rule 522B; and
(d) for schedules 1 to 3, means--
(i) an assessing registrar within the meaning of rule 679; or
(ii) a costs assessor appointed under rule 743L; and
(e) otherwise, for a court, includes a deputy registrar of the court or person other than the registrar who discharges the duties and performs the functions conferred on the registrar under these rules.

regular debt, for chapter 19, part 5, division 2, see rule 848(3).

regular deposit, for chapter 19, part 5, division 2, see rule 847.

relevant application, for chapter 12, see rule 449.

relevant court, for chapter 17A, part 4, see rule 743.

respondent--

(a) for chapter 14, part 5, see rule 586; or
(b) for chapter 20, part 7, see rule 921.

review application, for chapter 14, part 4, see rule 564.

script, for chapter 15, part 8, see rule 629.

sealed copy means a copy stamped with the seal of the court.

seize, for real property, includes seize under rule 828(5).

senior judicial officer, for chapter 9, part 4, see rule 313.

service provider, for chapter 22, part 1, division 4 and rule 516, see rule 975B.

set aside means--

(a) for a document--the document can not be relied on in a proceeding; or
(b) for anything else--the thing stops having effect.

simplified procedures for Magistrates Courts, see rule 514.

spouse, for chapter 15, see rule 596.

stakeholder, for chapter 21, see rule 948.

subpoena for production means a subpoena for the person specified to produce a document or thing.

subpoena for production and to give evidence means a subpoena for the person specified to produce a document or thing and give evidence.

subpoena to give evidence means a subpoena for the person specified to give evidence.

swear see the Acts Interpretation Act 1954, section 36.

the Act, for chapter 13, part 9, division 2A, see rule 522B.

the Act, for chapter 14, part 4, see rule 564.

the court--

(a) for chapter 20A, part 2, see rule 947C; and
(b) otherwise, see rule 3(2).

third person--

(a) for chapter 19 generally, see rule 793; or
(b) for chapter 19, part 5, division 2, see rule 847(1)(a).

trustee, for chapter 17A, see rule 679.

will, for chapter 15, see rule 596.

writ of habeas corpus, for chapter 14, part 5, see rule 586.

young person see the Supreme Court of Queensland Act 1991, schedule 2.



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