District Courts Amendment Rule (No. 1) 1996 (Qld)

Queensland Subordinate Legislation 1996 No. 64 District Courts Act 1967 DISTRICT COURTS AMENDMENT RULE (No. 1) 1996 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 Rules amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Replacement of rr 6 and 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5 Insertion of new pt 39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 PART 39—ALTERNATIVE DISPUTE RESOLUTION PROCESSES Division 1—Definitions 384 Definitions for part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Division 2—Establishment of ADR processes 385 Approval as mediator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 386 Approval as case appraiser . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 387 ADR register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 388 Information to be given to registrar by ADR convenors and venue providers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 389 Form of consent order for ADR process . . . . . . . . . . . . . . . . . . . . . . . 7 390 Registrar to give notice of proposed reference to ADR process . . . 7 391 Proceedings referred to ADR process are stayed . . . . . . . . . . . . . . . 8 392 When does a party impede an ADR process . . . . . . . . . . . . . . . . . . . 8 Division 3—Mediation 393 Referral of dispute to appointed mediator . . . . . . . . . . . . . . . . . . . . . 8

2 District Courts Amendment (No. 1) No. 64, 1996 394 When mediation must start and finish . . . . . . . . . . . . . . . . . . . . . . . . 9 395 Parties must assist mediator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 396 Mediator’s role . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 397 Liberty to apply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 398 Mediator may seek independent advice . . . . . . . . . . . . . . . . . . . . . . 10 399 Record of mediation resolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 400 Abandonment of mediation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 401 Mediator to file certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 402 Unsuccessful mediations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 403 Replacement of mediator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Division 4—Case appraisal 404 Referral of dispute to appointed case appraiser . . . . . . . . . . . . . . . . 12 405 Jurisdiction of case appraiser . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 406 Appearances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 407 Case appraiser may seek information . . . . . . . . . . . . . . . . . . . . . . . . 13 408 Case appraisal proceeding may be recorded . . . . . . . . . . . . . . . . . . . 13 409 Case appraiser’s decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 410 Case appraiser’s decision on costs in the dispute . . . . . . . . . . . . . . . 14 411 Case appraiser’s decision final unless election made . . . . . . . . . . . 14 412 Case appraiser to file certificate and decision . . . . . . . . . . . . . . . . . 14 413 Dissatisfied party may elect to go to trial . . . . . . . . . . . . . . . . . . . . . 15 414 Court to have regard to case appraiser’s decision when awarding costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 415 Replacement of case appraiser . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Division 5—ADR costs 416 Payment of ADR costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 417 Party may pay another party’s ADR costs . . . . . . . . . . . . . . . . . . . . . 16 418 Registrar to facilitate payment of ADR costs . . . . . . . . . . . . . . . . . . 16 419 When ADR convenor or venue provider may recover further costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 420 Court may extend period within which costs are to be paid or grant relief . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

3 District Courts Amendment (No. 1) No. 64, 1996 421 Costs of failed ADR process are costs in the dispute . . . . . . . . . . . . 17 6 Amendment of schedule of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 29 MINOR AMENDMENTS

s1 4 s5 District Courts Amendment (No. 1) No. 64, 1996 ˙ Short title 1. This rule may be cited as the District Courts Amendment Rule (No. 1) 1996 . ˙ Commencement 2. This rule commences on the day the Courts Legislation AmendmentAct 1995 , part 3 commences. ˙ Rules amended 3. This rule amends the District Courts Rules 1968 . ˙ Replacement of rr 6 and 7 4. Rules 6 and 7— omit, insert— ‘ Forms ‘ 6.(1) The forms in schedule 1 or, if appropriate, in schedule 1 to the Rules of the Supreme Court must be used for all actions, matters or proceedings. ‘ (2) A reference in these rules to a form by number is a reference to the form of the corresponding number in schedule 1.’. ˙ Insertion of new pt 39 5. After part 38— insert—

s5 5 s5 District Courts Amendment (No. 1) No. 64, 1996 ‘ PART 39—ALTERNATIVE DISPUTE RESOLUTION PROCESSES ‘ Division 1—Definitions ˙ ‘ Definitions for part ‘ 384. In this part— “ADR costs” 1 include— (a) for a mediation 2 —the extra costs mentioned in rule 398; 3 and (b) for a case appraisal 4 —the extra costs incurred because of rule 407. 5 “referred dispute” means a dispute 6 referred to a case appraiser 7 under rule 404. “District Court” includes a judge. ‘ Division 2—Establishment of ADR processes ˙ ‘ Approval as mediator ‘ 385.(1) A person seeking approval as a mediator 8 must— (a) make application in form 110; and (b) pay the fee prescribed under the District Courts Regulation 1993 , 1 Also see the definition “ADR costs” in the Act, s 4. 2 For the meaning of “mediation”, see the Act, s 91C. 3 Rule 398 (Mediator may seek independent advice) 4 For the meaning of “case appraisal”, see the Act, s 91D. 5 Rule 407 (Case appraiser may seek information) 6 For the meaning of “dispute”, see the Act, s 4. 7 A “case appraiser” is someone approved under the Act, s 91F, or a judge. 8 Also see the Act, s 91E.

s5 6 s5 District Courts Amendment (No. 1) No. 64, 1996 schedule 3; and (c) satisfy the chief judge the person is a suitable person to be approved as a mediator. ‘ (2) However, the fee is not payable if the person has been approved as a mediator of the Supreme Court. ‘ (3) The chief judge must inform the registrar of the Supreme Court of an approval of a person as a mediator for a District Court. ‘ (4) If the chief judge decides not to approve a person as mediator, the chief judge must give the person a statement of reasons for the decision. ˙ ‘ Approval as case appraiser ‘ 386.(1) A person seeking approval as a case appraiser 9 must— (a) be a barrister or solicitor of 5 years standing; and (b) make application in form 111; and (c) pay the fee prescribed under the District Courts Regulation 1993 , schedule 3; and (d) satisfy the chief judge the person is a suitable person to be approved as a case appraiser. ‘ (2) However, the fee is not payable if the person has been approved as a case appraiser of the Supreme Court. ‘ (3) The chief judge must inform the registrar of the Supreme Court of an approval of a person as a case appraiser for a District Court. ‘ (4) If the chief judge decides not to approve a person as case appraiser, the chief judge must give the person a statement of reasons for the decision. ˙ ‘ ADR register ‘ 387. The ADR register must contain details of the fees notified to the registrar of the Supreme Court under rule 388. 9 Also see the Act, s 91F.

s5 7 s5 District Courts Amendment (No. 1) No. 64, 1996 ˙ ‘ Information to be given to registrar by ADR convenors and venue providers ‘ 388.(1) A person intending to provide a venue for ADR processes 10 must give notice to the registrar of the Supreme Court in form 112 of the person’s name and address and the address of the venue. ‘ (2) A person intending to act as a mediator, case appraiser or venue provider for ADR processes must give notice to the registrar of the Supreme Court of the fee the person intends to charge for providing the services or venue. ‘ (3) If a person intends to change the fee notified to the registrar of the Supreme Court, the person must give notice of the change to the registrar of the Supreme Court in form 113 at least 4 weeks before the change is effective. ‘ (4) Notice of the fee may be given by notifying the way the fee may be worked out, including, for example, an hourly or daily rate of charge or another way approved by the registrar of the Supreme Court. ˙ ‘ Form of consent order for ADR process ‘ 389. For the District Courts Act 1967 , section 91H, 11 the consent order must be made, as far as practicable, in form 114. ˙ ‘ Registrar to give notice of proposed reference to ADR process ‘ 390.(1) A District Court may direct the registrar of the referring court 12 to give written notice to the parties (the “referral notice” ) that the parties’ dispute is to be referred, by order, to an ADR process to be conducted by a specified mediator or case appraiser. ‘ (2) A party may object to the reference by filing an objection notice in the registry. ‘ (3) The objection notice must— 10 For the meaning of “ADR process”, see the Act, s 91B. 11 Section 91H (Parties may agree to ADR process) 12 For the meaning of “referring court”, see the Act, s 4.

s5 8 s5 District Courts Amendment (No. 1) No. 64, 1996 (a) state the reasons why the party objects to the referral; and (b) be filed within 7 days after the objecting party receives the referral notice. ‘ (4) If an objection notice is filed, the court may require the parties or their representatives to attend before it (the “hearing” ). ‘ (5) The court may make an order at the hearing it considers appropriate in the circumstances. ˙ ‘ Proceedings referred to ADR process are stayed ‘ 391. If a dispute is referred to an ADR process, the dispute and all claims made in the dispute are stayed until— (a) the report of the ADR convenor 13 certifying the finish of the ADR process is filed with the registrar of the referring court; or (b) a District Court otherwise orders. ˙ ‘ When does a party impede an ADR process ‘ 392. A party impedes an ADR process if the party— (a) fails to attend at the process; or (b) fails to participate in the process; or (c) fails to pay an amount the party is required to pay under a referring order 14 within the time stated in the order. ‘ Division 3—Mediation ˙ ‘ Referral of dispute to appointed mediator ‘ 393.(1) A referring order for a mediation 15 must— 13 For the meaning of “ADR convenor”, see the Act, s 4. 14 For the meaning of “referring order”, see the Act, ss 4 and 91I. 15 For the meaning of “mediation”, see the Act, s 91C.

s5 9 s5 District Courts Amendment (No. 1) No. 64, 1996 (a) appoint as mediator— (i) a specified mediator; or (ii) a mediator to be selected by the parties; or (iii) if all parties agree, a person who is not a mediator; and (b) include enough information about pleadings, statements of issues or other documents to inform the mediator of the dispute and the present stage of the proceeding between the parties; and (c) fix a period beyond which the mediation may extend only with the authorisation of the parties or estimate how long the mediation should take to finish. ‘ (2) The order must also— (a) fix the ADR costs or estimate the costs to the extent possible; and (b) state the percentage of ADR costs each party must pay; and (c) state a time (not more than 7 days) within which the ADR costs, including any fee negotiated under subrule (3), must be paid to the registrar of the referring court. ‘ (3) Instead of fixing or estimating the appointed mediator’s fee, the order may direct the parties to negotiate a fee with the appointed mediator. ‘ (4) A person appointed as mediator under subrule (1)(a)(iii) is taken to be a mediator for the mediation and issues incidental to the mediation. ‘ (5) An order must, as far as practicable, be made in form 115. ˙ ‘ When mediation must start and finish ‘ 394. A mediator must start a mediation as soon as possible after the mediator’s appointment and try to finish the mediation within 28 days after the appointment. ˙ ‘ Parties must assist mediator ‘ 395. The parties must act reasonably and genuinely in the mediation and help the mediator to start and finish the mediation within the time estimated or fixed in the referring order.

s 5 10 s 5 District Courts Amendment (No. 1) No. 64, 1996 ˙ ‘ Mediator’s role ‘ 396.(1) The mediator may gather information about the nature and facts of the dispute in any way the mediator decides. ‘ (2) The mediator may decide whether a party may be represented at the mediation and, if so, by whom. ‘ (3) During the mediation, the mediator may see the parties, with or without their representatives, together or separately. ˙ ‘ Liberty to apply ‘ 397. The mediator, a party or the registrar of the referring court may apply to a District Court at any time for directions on any issue about the mediation. ˙ ‘ Mediator may seek independent advice ‘ 398.(1) The mediator may seek legal or other advice about the dispute from independent third parties. ‘ (2) However, if the advice involves extra cost, the mediator must first obtain— (a) the parties’ agreement to pay the extra cost; or (b) a District Court’s leave. ‘ (3) If the court gives leave under subrule (2)(b), the court must also— (a) order the parties to pay the extra cost; and (b) state the time within which the payment must be made to the registrar of the referring court. ‘ (4) The mediator must disclose the substance of the advice to the parties. ˙ ‘ Record of mediation resolution ‘ 399.(1) Unless the parties otherwise agree, the mediator must ensure that an agreement mentioned in the District Courts Act 1967 , section 91N 16 16 Section 91N (Mediated resolution agreement)

s 5 11 s 5 District Courts Amendment (No. 1) No. 64, 1996 is— (a) placed in a sealed container, for example, an envelope; and (b) marked with the court file number; and (c) endorsed ‘Not to be opened without an order of a District Court or a judge’; and (d) filed in the court. ‘ (2) The container may be opened only if a District Court orders it to be opened. ‘ (3) No fee is payable for filing the container. ˙ ‘ Abandonment of mediation ‘ 400.(1) The mediator may abandon the mediation if the mediator considers further efforts at mediation will not lead to the resolution of the dispute or an issue in the dispute. ‘ (2) Before abandoning the mediation, the mediator must— (a) inform the parties of the mediator’s intention; and (b) give them an opportunity to reconsider their positions. ˙ ‘ Mediator to file certificate ‘ 401.(1) For the District Courts Act 1967 , section 91O, 17 the mediator must file a certificate in form 116. ‘ (2) The certificate must not contain comment about the extent to which a party participated or refused to participate in the mediation. ‘ (3) However, the certificate may indicate that a party did not attend the mediation. ‘ (4) No fee is payable for filing the certificate. 17 Section 91O (Mediator to file certificate)

s 5 12 s 5 District Courts Amendment (No. 1) No. 64, 1996 ˙ ‘ Unsuccessful mediations ‘ 402. If a mediation is unsuccessful, the dispute may go to trial in the ordinary way without any inference being drawn against any party because of the failure to settle at the mediation. ˙ ‘ Replacement of mediator ‘ 403.(1) A District Court may, by further order, revoke the appointment of a mediator and appoint someone else as mediator if the court is satisfied it is desirable to do so. ‘ (2) When appointing a substitute mediator, the court may decide the amount (if any) to be paid to the retiring mediator for work done. ‘ Division 4—Case appraisal ˙ ‘ Referral of dispute to appointed case appraiser ‘ 404.(1) A referring order for a case appraisal 18 must— (a) appoint as case appraiser— (i) a specified case appraiser; or (ii) a case appraiser to be selected by the parties; and (b) include enough information about pleadings, statements of issues or other documents to inform the case appraiser of the dispute and the present stage of the proceeding between the parties; and (c) fix a period beyond which the case appraisal may extend only with the authorisation of the parties or estimate how long the case appraisal should take to finish. ‘ (2) The order must also— (a) fix the ADR costs or estimate the costs to the extent possible; and (b) state the percentage of ADR costs each party must pay; and (c) state a time (not more than 7 days) within which the ADR costs, 18 For the meaning of “case appraisal”, see the Act, s 91D.

s 5 13 s 5 District Courts Amendment (No. 1) No. 64, 1996 including any fee negotiated under subrule (3), must be paid to the registrar of the referring court. ‘ (3) Instead of fixing or estimating the appointed case appraiser’s fee, the order may direct the parties to negotiate a fee with the appointed case appraiser. ‘ (4) An order must, as far as practicable, be made in form 115. ˙ ‘ Jurisdiction of case appraiser ‘ 405.(1) The case appraiser for a referred dispute has the power of a District Court to decide the issues in dispute in the referred dispute. ‘ (2) However, the case appraiser— (a) may only give a decision that could have been given in the dispute if it had been decided by the court; and (b) cannot punish for contempt. ‘ (3) Subrule (1) is subject to rule 413. 19 ˙ ‘ Appearances ‘ 406. A party appearing before a case appraiser has the same rights to appear by lawyer or otherwise the party would have if the appearance were before a District Court. ˙ ‘ Case appraiser may seek information ‘ 407. A case appraiser may ask anyone for information and may obtain, and act on, information obtained from anyone on any aspect of the dispute. ˙ ‘ Case appraisal proceeding may be recorded ‘ 408.(1) A case appraiser may have the case appraisal proceeding recorded if the case appraiser considers it appropriate, in the special circumstances of the case. 19 Rule 413 provides that a party dissatisfied with a case appraiser’s decision may elect to go to trial.

s 5 14 s 5 District Courts Amendment (No. 1) No. 64, 1996 ‘ (2) If the proceeding is to be recorded, the case appraiser must decide the extent to which, and the way in which, the recording may be done. ˙ ‘ Case appraiser’s decision ‘ 409.(1) A case appraiser’s decision must be in writing, but the case appraiser need not give reasons for the decision. ‘ (2) However, a case appraiser may, at any stage of a case appraisal proceeding, decline to proceed further with the proceeding. Example of subsection (2)— The dispute proves to be unsuitable for case appraisal. ‘ (3) A copy of the decision must be given to each party. ˙ ‘ Case appraiser’s decision on costs in the dispute ‘ 410.(1) In a referred dispute, a case appraiser has the same power to award costs in the dispute a District Court would have had if it had heard and decided the dispute. ‘ (2) A case appraiser’s decision under rule 409(1) must include a decision on costs in the dispute. ˙ ‘ Case appraiser’s decision final unless election made ‘ 411. A case appraiser’s decision is final, unless an election to go to trial is made under rule 413. ˙ ‘ Case appraiser to file certificate and decision ‘ 412.(1) For the DistrictCourtsAct1967 , section 91P, 20 the case appraiser must file a certificate in form 117. ‘ (2) If the case appraiser makes a decision about the dispute or any issue in the dispute, the case appraiser must— (a) place the written decision in a sealed container, for example, an 20 Section 91P (Case appraiser to file certificate and decision)

s 5 15 s 5 District Courts Amendment (No. 1) No. 64, 1996 envelope; and (b) mark the container with the court file number; and (c) endorse the container ‘Not to be opened without an order of a District Court or a judge’; and (d) file the container in the court. ‘ (3) The container may be opened only if a District Court orders it to be opened. ‘ (4) No fee is payable for filing the certificate and decision. ˙ ‘ Dissatisfied party may elect to go to trial ‘ 413.(1) A party who is dissatisfied with a case appraiser’s decision may elect to have the dispute go to trial in the ordinary way by filing an election in form 118 with the registrar of the referring court. 21 ‘ (2) The election must be filed within 28 days after the case appraiser’s certificate is filed in the registry. ‘ (3) If an election is filed— (a) the case appraiser’s decision ceases to have effect other than as provided by rule 414; and (b) the dispute must be decided in a District Court as if it had never been referred to the case appraiser. ˙ ‘ Court to have regard to case appraiser’s decision when awarding costs ‘ 414.(1) In this rule— “challenger” means a party who filed an election under rule 413. ‘ (2) If a District Court’s decision in the dispute is not more favourable overall to a challenger than the case appraiser’s decision in the dispute was to the challenger, the costs of the action and the case appraisal must be awarded against the challenger. 21 For the meaning of “referring court”, see the Act, s 4.

s 5 16 s 5 District Courts Amendment (No. 1) No. 64, 1996 ‘ (3) However, the court may make another order about costs if the court considers there are special circumstances. ‘ (4) If all parties are challengers, the case appraiser’s decision has no effect on the awarding of costs. ˙ ‘ Replacement of case appraiser ‘ 415.(1) A District Court may, by further order, revoke the appointment of a case appraiser and appoint someone else as case appraiser if the court is satisfied it is desirable to do so. ‘ (2) When appointing a substitute case appraiser, the court may decide the amount (if any) to be paid to the retiring case appraiser for work done. ‘ Division 5—ADR costs ˙ ‘ Payment of ADR costs ‘ 416. Each party to an ADR process 22 is severally liable for the party’s percentage of the ADR costs in the first instance. ˙ ‘ Party may pay another party’s ADR costs ‘ 417.(1) If a party to an ADR process does not pay the party’s percentage of ADR costs, another party may pay the amount. ‘ (2) If another party pays the amount, the amount is the other party’s costs in any event. ˙ ‘ Registrar to facilitate payment of ADR costs ‘ 418. After the registrar of the referring court has been paid all payments under the referring order and the ADR process has finished, the registrar must pay the ADR convenor and the venue provider their fees from the funds held for the purpose. 22 For the meaning of “ADR process”, see the Act, s 91B.

s 5 17 s 5 District Courts Amendment (No. 1) No. 64, 1996 ˙ ‘ When ADR convenor or venue provider may recover further costs ‘ 419.(1) An ADR convenor or venue provider may recover an amount more than the amount paid to the convenor or provider by the registrar of the referring court— (a) if the referring order estimates the ADR costs by fixing a fee rate and period for which the rate is to be paid—only if the parties authorise the ADR process to continue beyond the period fixed in the referring order; or (b) in any other case—only if the parties agree in writing to the payment of a greater amount than the amount paid by the registrar. ‘ (2) The parties are severally liable for an amount recoverable under subrule (1). ‘ (3) The amount may be recovered as a debt payable to the convenor or provider. ˙ ‘ Court may extend period within which costs are to be paid or grant relief ‘ 420.(1) A party may apply to a District Court for an order— (a) extending the time for payment to the registrar of the referring court of ADR costs; or (b) relieving the party from the effects of noncompliance with any requirement about costs. ‘ (2) The court may make any order it considers appropriate. ˙ ‘ Costs of failed ADR process are costs in the dispute ‘ 421. Unless otherwise ordered by a District Court, each party’s costs of and incidental to an ADR process that did not result in the full settlement of the dispute between the parties are the party’s costs in the dispute.’.

s 6 18 District Courts Amendment (No. 1) ˙ Amendment of schedule of forms 6.(1) Schedule of forms, heading— omit, insert— ‘ SCHEDULE 1 s6 No. 64, 1996 ‘ FORMS (2) Schedule of forms, after form 109— insert— ‘ Form 110 section 6’. (r 385) ‘ APPLICATION FOR APPROVAL AS MEDIATOR I, ( insert full name and address and contact phone number ), apply to be approved as a mediator for disputes arising in a District Court. I believe I am a suitable person to be approved as a mediator. My qualifications and experience are— ( State qualifications and experience that make you suitable to be approved as a mediator. If approved as a mediator of the Supreme Court, please include a statement to that effect. ) My fee for mediating disputes is ( insert fee and show whether hourly or daily and any minimum fee ) ( Date and sign the application )

s 6 19 s 6 District Courts Amendment (No. 1) No. 64, 1996 ‘ Form 111 (r 386) ‘ APPLICATION FOR APPROVAL AS CASE APPRAISER I, ( insert full name and address and contact phone number ), apply to be approved as a case appraiser for disputes arising in a District Court. I believe I am a suitable person to be approved as a case appraiser. I am a ( barrister/solicitor ) of ( insert number ) years standing. My qualifications and experience are— ( State qualifications and experience that make you suitable to be approved as a case appraiser. If approved as a case appraiser of the Supreme Court, please include a statement to that effect. ) My fee for appraising disputes is ( insert fee and show whether hourly or daily and any minimum fee ) ( Date and sign the application )

s 6 20 s 6 District Courts Amendment (No. 1) No. 64, 1996 ‘ Form 112 (r 388(1)) ‘ VENUE PROVIDER’S NOTICE I, ( insert full name and address and contact phone number ), give notice to the registrar of the Supreme Court that I am the ( owner/lessee ) of a venue at ( insert address ) that is suitable for use for mediations and case appraisals of disputes arising in a District Court. The venue ( insert description of venue and available facilities eg telephones, fax machines, parking ) My fee for making the venue available is ( insert fee and show whether hourly or daily and any minimum fee ) ( Date and sign the notice )

s 6 21 s 6 District Courts Amendment (No. 1) No. 64, 1996 ‘ Form 113 (r 388(3)) ‘ NOTICE OF FEE CHANGE I, ( insert full name and address and contact phone number ), am an approved mediator/an approved case appraiser/a venue provider for disputes arising in a District Court. I give notice that on and from ( insert date which must be at least 4 weeks after this form is filed with the registrar of the Supreme Court ) my fee for ( acting as a mediator/case appraiser/making the venue at (insert address) available ) will be ( insert fee and show whether hourly or daily and any minimum fee ) ( Date and sign the notice )

s 6 22 s 6 District Courts Amendment (No. 1) No. 64, 1996 ‘ Form 114 (r 389) ‘ CONSENT ORDER (Title etc. as in form 1) 1. ( Insert names of parties ) agree to participate in, and act reasonably and genuinely in, a ( mediation/case appraisal ) to be conducted at ( insert time of commencement and address of venue ). 2. The ( mediator/case appraiser ) is ( insert name or state that the mediator/case appraiser is to be selected by the parties ). 3. Copies of the following documents are attached to this order to help the ( mediator/case appraiser ) to understand the dispute, the issues and the present stage of the proceeding— ( attach enough information about pleadings, statements of issues or other documents to inform the mediator/case appraiser of the dispute and the present stage of the proceeding ) 4. The period of ( mediation/case appraisal ) is agreed at a maximum of ( insert number of hours or days ) and may extend beyond the period only with the authorisation of the parties. —OR— 4. The estimated maximum period of the ( mediation/case appraisal ) is ( insert period ). 5. The costs of the ( mediation/case appraisal ) are agreed at ( insert lump sum ). —OR— 5. The costs of the ( mediation/case appraisal ) are agreed at $ ( per hour or day ) up to a maximum of ( insert number of hours or days ). —OR— 5. The parties agree to negotiate a fee with ( insert name of mediator/case appraiser ).

s 6 23 s 6 District Courts Amendment (No. 1) No. 64, 1996 6. The parties agree to pay the following percentages of the costs— ( name of party ) ( insert % ) ( name of party ) ( insert % ) 7. The parties must pay ( their respective percentages of the costs/the fee negotiated by the parties with the mediator/case appraiser ) to the registrar by ( insert date not later than 7 days after the date of the order ). 8. The parties agree that no hearing date may be given to this matter until the ( mediator or appraiser’s ) certificate is filed in the registry or until further order.

s 6 24 s 6 District Courts Amendment (No. 1) No. 64, 1996 ‘ Form 115 (rr 393(5) and 404(4)) ‘ REFERRING ORDER (Title etc. as in form 1) 1. ( Insert names of parties ) are directed to participate in, and act reasonably and genuinely in, a ( mediation/case appraisal ) to be conducted at ( insert time of commencement and address of venue ). 2. The ( mediator/case appraiser ) is ( insert name or state that the mediator/case appraiser is to be selected by the parties ). 3. Copies of the following documents are attached to this order to help the ( mediator/case appraiser )— ( attach enough information about pleadings, statements of issues or other documents to inform the mediator/case appraiser of the dispute and the present stage of the proceeding ) 4. The period of ( mediation/case appraisal ) is fixed at a maximum of ( insert number of hours or days ) and may extend beyond the period only with the authorisation of the parties. —OR— 4. The estimated maximum period of the ( mediation/case appraisal ) is ( insert period ). 5. The costs of the ( mediation/case appraisal ) are fixed at ( insert lump sum ). —OR— 5. The costs of the ( mediation/case appraisal ) are fixed at $ ( per hour or day ) up to a maximum of ( insert number of hours or days ). —OR— 5. The parties are to negotiate a fee with ( insert name of mediator/case appraiser ).

s 6 25 s 6 District Courts Amendment (No. 1) No. 64, 1996 6. The parties are to pay the following percentages of the costs— ( name of party ) ( insert % ) ( name of party ) ( insert % ) 7. The parties must pay ( their respective percentages of the costs/the fee negotiated by the parties with the mediator/case appraiser ) to the registrar by ( insert date not later than 7 days after the date of the order ). 8. No hearing date may be given to this matter until the ( mediator or appraiser’s ) certificate is filed in the registry or until further order.

s 6 26 s 6 District Courts Amendment (No. 1) No. 64, 1996 ‘ Form 116 (r 401) ‘ MEDIATOR’S CERTIFICATE (Title etc. as in Form 1) I, ( insert name of mediator ), certify that— 1. ( Insert name of parties ) have participated in a mediation before me and the procedure has finished. The parties have/have not resolved ( their dispute/part of their dispute ). —OR— 1. ( Insert name of parties ) have participated in a mediation before me and I cannot usefully take the resolution of their dispute any further. 23 —OR— 1. ( Insert name of party or parties ) did not attend the mediation as ordered. 2. ( Insert if appropriate ) The terms of their agreement are enclosed in the attached sealed ( insert type of container ) marked ‘Mediation agreement. Not to be opened without an order of a District Court or a judge. Court File No. . . .’. —OR— 2. ( Include any other relevant matter for report ). ( Date and sign the certificate ) 23 No comment should be made about the extent to which a party participated or refused to participate in the mediation.

s 6 27 s 6 District Courts Amendment (No. 1) No. 64, 1996 ‘ Form 117 (r 412) ‘ CASE APPRAISER’S CERTIFICATE (Title etc. as in form 1) I, ( insert name of case appraiser ), certify that— 1. ( Insert name of parties ) have participated in the reference to me of their dispute and the procedure has finished. —OR— 1. ( Insert name of party or parties ) did not participate in the procedure. —OR— 1. The procedure could not be finished because ( state reasons ). 2. ( Insert if appropriate ) I have provisionally decided the proceeding and my decision is enclosed in the attached sealed ( insert type of container ) marked ‘Appraiser’s Decision. Not to be opened without an order of a District Court or a judge. Court File No. . . .’. —OR— 2. ( Include any other relevant matter for report ). ( Date and sign the certificate )

s 6 28 s 6 District Courts Amendment (No. 1) No. 64, 1996 ‘ Form 118 (r 413) ‘ NOTICE OF ELECTION TO GO TO TRIAL (Title etc. as in form 1) I, ( insert full name ), am a party to a dispute and attended at a case appraisal on ( insert date ) conducted by ( insert name of case appraiser ). I am dissatisfied with the case appraiser’s decision and elect to go to trial. ( Date and sign the notice )’.

29 District Courts Amendment (No. 1) ¡ SCHEDULE MINOR AMENDMENTS 1. Rule 1, as heading— insert— ‘ Short title ’. 2. Rule 10, as heading— insert— ‘ Action deemed to commence in correct district ’. 3. Rule 11, as heading— insert— ‘ Rules and practice to apply ’. 4. Rule 49A, as heading— insert— ‘ Counsel’s name to be added ’. 5. Rule 51, as heading— insert— ‘ Address to be place for service ’. No. 64, 1996 section 3

30 District Courts Amendment (No. 1) No. 64, 1996 6. Rule 52, as heading— insert— ‘ Plaints to expire after 12 months ’. 7. Rule 53, as heading— insert— ‘ Renewal of plaint where service not effected ’. 8. Rule 54, as heading— insert— ‘ Requirements for renewal of plaint ’. 9. Rule 60, as heading— insert— ‘ Personal service not required ’. 10. Rule 61, as heading— insert— ‘ Court may make directions when defendant fails to appear ’. 11. Rule 62, as heading— insert— ‘ Affidavit in support ’. 12. Rule 77, as heading— insert— ‘ Court may order irregular service sufficient ’.

31 District Courts Amendment (No. 1) 13. Rule 82, as heading— insert— ‘ Plaint to be exhibited ’. 14. Rule 83, as heading— insert— ‘ Plaint to be filed ’. 15. Rule 84, as heading— insert— ‘ Other means of service ’. 16. Rule 89, as heading— insert— ‘ Solicitor to provide address for service ’. 17. Rule 90, as heading— insert— ‘ Notice not required in certain circumstances ’. 18. Rule 93, as heading— insert— ‘ Prescribed form of appearance and defence ’. 19. Rule 94, as heading— insert— ‘ Equitable claim to be pleaded by way of set-off ’. No. 64, 1996

32 District Courts Amendment (No. 1) 20. Rule 95, as heading— insert— ‘ Equitable defences ’. 21. Rule 96, as heading— insert— ‘ Counterclaim ’. 22. Rule 97, as heading— insert— ‘ Copy to be served on plaintiff ’. 23. Rule 99A, as heading— insert— ‘ Counsel’s name to be included ’. 24. Rule 141, as heading— insert— ‘ Judgment by agreement ’. 25. Rule 142, as heading— insert— ‘ Confession of costs ’. 26. Rule 143, as heading— insert— ‘ Time for filing confession ’. No. 64, 1996

33 District Courts Amendment (No. 1) No. 64, 1996 27. Rule 145, as heading— insert— ‘ Particulars, or further and better particulars, may be ordered ’. 28. Rule 147, as heading— insert— ‘ Judgment where several defendants ’. 29. Rule 148, as heading— insert— ‘ Affidavit of debt ’. 30. Rule 149, as heading— insert— ‘ Entry for trial; certificate of readiness ’. 31. Rule 150, as heading— insert— ‘ Judge may direct action to be tried speedily ’. 32. Rule 151, as heading— insert— ‘ Appointment of hearing dates ’. 33. Rule 152, as heading— insert— ‘ Removal from call-over list ’.

34 District Courts Amendment (No. 1) 34. Rule 153, as heading— insert— ‘ Summary judgment ’. 35. Rule 155, as heading— insert— ‘ Place where summons returnable ’. 36. Rule 156, as heading— insert— ‘ Transmission of copy of plaint, summons ’. 37. Rule 157, as heading— insert— ‘ Power of registrar to adjourn ’. 38. Rule 158, as heading— insert— ‘ Minute of order ’. 39. Rule 159, as heading— insert— ‘ Transmission of minute of order, summons ’. 40. Rule 160, as heading— insert— ‘ Defendant may show cause by affidavit ’. No. 64, 1996

35 District Courts Amendment (No. 1) No. 64, 1996 41. Rule 161, as heading— insert— ‘ Time for filing affidavits ’. 42. Rule 162, as heading— insert— ‘ Defence to part of claim ’. 43. Rule 163, as heading— insert— ‘ Judgment may be entered against one of codefendants ’. 44. Rule 164, as heading— insert— ‘ Defendant may call on plaintiff to show cause ’. 45. Rule 165, as heading— insert— ‘ Leave to defend ’. 46. Rule 166, as heading— insert— ‘ Liberty to sign judgment ’. 47. Rule 167, as heading— insert— ‘ Venue of trial ’.

36 District Courts Amendment (No. 1) 48. Rule 168, as heading— insert— ‘ Order for recovery of possession of land ’. 49. Rule 205, as heading— insert— ‘ Subpoena ’. 50. Rule 206, as heading— insert— ‘ Failure to appear or to produce ’. 51. Rule 207, as heading— insert— ‘ Warrant may issue ’. 52. Rule 208, as heading— insert— ‘ Examination of witness de bene esse ’. 53. Rule 209, as heading— insert— ‘ Service out of the jurisdiction ’. 54. Rule 210, as heading— insert— ‘ Time for service ’. No. 64, 1996

37 District Courts Amendment (No. 1) 55. Rule 211, as heading— insert— ‘ Subpoena issued in blank ’. 56. Rule 212, as heading— insert— ‘ Witness expenses ’. 57. Rule 213, as heading— insert— ‘ Proof of documents ’. 58. Rule 215, as heading— insert— ‘ Service of copies of affidavits ’. 59. Rule 223, as heading— insert— ‘ Adjournment ’. 60. Rule 224, as heading— insert— ‘ Adjournment of trial ’. 61. Rule 225, as heading— insert— ‘ Counterclaim ’. No. 64, 1996

38 District Courts Amendment (No. 1) 62. Rule 228, as heading— insert— ‘ Plaintiff’s non-appearance ’. 63. Rule 229, as heading— insert— ‘ Defendant’s non-appearance ’. 64. Rule 230, as heading— insert— ‘ Counterclaim in excess of debt ’. 65. Rule 231, as heading— insert— ‘ Question of law ’. 66. Rule 235, as heading— insert— ‘ Jury fees ’. 67. Rule 264, as heading— insert— ‘ Setting aside entry of appearance and defence ’. 68. Rule 265, as heading— insert— ‘ Order to determine liability ’. No. 64, 1996

39 District Courts Amendment (No. 1) 69. Rule 273, as heading— insert— ‘ Entry of appearance and defence ’. 70. Rule 274, as heading— insert— ‘ Hearing ’. 71. Rule 275, as heading— insert— ‘ Transfer from Magistrates Court ’. 72. Rule 276, as heading— insert— ‘ Arbitrator to hear case ’. 73. Rule 277, as heading— insert— ‘ Judge may set aside the award ’. 74. Rule 278, as heading— insert— ‘ Issue of subpoenas ’. 75. Rule 279, as heading— insert— ‘ Service of subpoenas ’. No. 64, 1996

40 District Courts Amendment (No. 1) 76. Rule 280, as heading— insert— ‘ Application to set aside the award ’. 77. Rule 282, as heading— insert— ‘ Security by bond or money ’. 78. Rule 283, as heading— insert— ‘ Judge may order new trial ’. 79. Rule 284, as heading— insert— ‘ Application for new trial ’. 80. Rule 285, as heading— insert— ‘ New trial before a jury ’. 81. Rule 289, as heading— insert— ‘ Notice of warrant ’. 82. Rule 290, as heading— insert— ‘ Deed of bargain or sale ’. No. 64, 1996

41 District Courts Amendment (No. 1) 83. Rule 291, as heading— insert— ‘ Registration of warrant of execution ’. 84. Rule 293, as heading— insert— ‘ Bailiff shall hold securities for money ’. 85. Rule 294, as heading— insert— ‘ Sale of goods taken in execution ’. 86. Rule 297, as heading— insert— ‘ Discharge ’. 87. Rule 298, as heading— insert— ‘ Arrest and imprisonment ’. 88. Rule 301, as heading— insert— ‘ Payment by instalments ’. 89. Rule 302, as heading— insert— ‘ Inability to pay ’. No. 64, 1996

42 District Courts Amendment (No. 1) No. 64, 1996 90. Rule 303, as heading— insert— ‘ Sale of goods in execution of process ’. 91. Rule 304, as heading— insert— ‘ Cross-judgments ’. 92. Rule 307, as heading— insert— ‘ Service on garnishee ’. 93. Rule 308, as heading— insert— ‘ Issue of warrant of execution to levy amount due from garnishee ’. 94. Rule 309, as heading— insert— ‘ Determination of issue where garnishee disputes liability ’. 95. Rule 310, as heading— insert— ‘ Claim of third party upon the debt ’. 96. Rule 311, as heading— insert— ‘ Judge or registrar may make order ’.

43 District Courts Amendment (No. 1) No. 64, 1996 97. Rule 312, as heading— insert— ‘ Payment by garnishee shall be a valid discharge ’. 98. Rule 313, as heading— insert— ‘ Debt attachment book ’. 99. Rule 314, as heading— insert— ‘ Cost of application for attachment of debts ’. 100. Rule 315, as heading— insert— ‘ Priority where writ issued out of Supreme Court and warrant issued out of District Court ’. 101. Rule 316, as heading— insert— ‘ Precise time of delivery of writ and application for warrant ’. 102. Rule 317, as heading— insert— ‘ Order for possession not obeyed ’. 103. Rule 318, as heading— insert— ‘ Order for possession for non-payment of rent not obeyed ’.

44 District Courts Amendment (No. 1) 104. Rule 319, as heading— insert— ‘ Duration of warrant of possession ’. 105. Rule 323, as heading— insert— ‘ Hearing of application for punishment ’. 106. Rule 324, as heading— insert— ‘ Place of imprisonment ’. 107. Rule 325, as heading— insert— ‘ Warrant of commitment ’. 108. Rule 326, as heading— insert— ‘ Duty of superintendent of place of imprisonment ’. 109. Rule 327, as heading— insert— ‘ Discharge ’. 110. Rule 328, as heading— insert— ‘ Commitment for non-payment of sum of money ’. No. 64, 1996

45 District Courts Amendment (No. 1) 111. Rule 329, as heading— insert— ‘ Enforcement of fine ’. 112. Rule 334, as heading— insert— ‘ Notice of appeal ’. 113. Rule 335, as heading— insert— ‘ Order on appeal ’. 114. Rule 336, as heading— insert— ‘ Transmission of proceedings to Supreme Court ’. 115. Rule 337, as heading— insert— ‘ Return of proceedings to District Court ’. 116. Rule 339, as heading— insert— ‘ Holidays ’. 117. Rule 339A, as heading— insert— ‘ Location of registry ’. No. 64, 1996

46 District Courts Amendment (No. 1) 118. Rule 341, as heading— insert— ‘ Seal of the court and keeping of books ’. 119. Rule 342, as heading— insert— ‘ Filing of documents ’. 120. Rule 343, as heading— insert— ‘ Documents to be placed before the judge ’. 121. Rule 344, as heading— insert— ‘ Supervision of registry officers ’. 122. Rule 345, as heading— insert— ‘ Application for office copy of court record ’. 123. Rule 346, as heading— insert— ‘ Signing, sealing and issue of plaints etc. ’. 124. Rule 347, as heading— insert— ‘ Service by bailiff in foreign district ’. No. 64, 1996

47 District Courts Amendment (No. 1) No. 64, 1996 125. Rule 348, as heading— insert— ‘ Plaintiff to defray expenses of service in foreign district ’. 126. Rule 348A, as heading— insert— ‘ Reference of matter to judge ’. 127. Rule 350, as heading— insert— ‘ Attendance at office of registrar ’. 128. Rule 351, as heading— insert— ‘ Transmission of documents to registrar of home district ’. 129. Rule 352, as heading— insert— ‘ Service by plaintiff ’. 130. Rule 353, as heading— insert— ‘ Notice of non-service ’. 131. Rule 354, as heading— insert— ‘ Orders for payment of money ’.

48 District Courts Amendment (No. 1) No. 64, 1996 132. Rule 355, as heading— insert— ‘ Payment of money received to registrar of home court ’. 133. Rule 356, as heading— insert— ‘ Warrant book ’. 134. Rule 357, as heading— insert— ‘ Non-execution of warrant in foreign district ’. 135. Rule 358, as heading— insert— ‘ Execution of warrant in foreign district ’. 136. Rule 364, as heading— insert— ‘ Taxation ’. 137. Rule 365, as heading— insert— ‘ Practitioners’ fees and witnesses’ expenses ’. 138. Rule 365, ‘the Schedule of Scale of Fees and Costs’ omit, insert— ‘schedule 2’.

49 District Courts Amendment (No. 1) 139. Rule 367, as heading— insert— ‘ Action which court lacks jurisdiction to hear ’. 140. Rule 368, as heading— insert— ‘ Taxation of solicitor and client costs ’. 141. Part 37, heading, ‘Friendly Societies—’ omit. No. 64, 1996 142. Rules 379 and 380— omit. 143. Rule 382, as heading— insert— ‘ Enforcement of order ’. 144. Schedule of scale of fees and costs, heading— omit, insert— ‘ SCHEDULE 2 ‘ SCALE OF FEES AND COSTS rule 365’.

50 District Courts Amendment (No. 1) No. 64, 1996 ENDNOTES 1. Made by a majority of District Court judges on 22 March 1996. 2. Approved by 2 judges of the Supreme Court (of whom the chief justice was 1) on 22 March 1996. 3. Sanctioned by the Governor in Council on 11 April 1996. 4. Notified in the gazette on 12 April 1996. 5. Laid before the Legislative Assembly on . . . 6. The administering agency is the Department of Justice. © State of Queensland 1996