District Courts Amendment Rule (No. 2) 1996 (Qld)

Queensland Subordinate Legislation 1996 No. 138 District Courts Act 1967 DISTRICT COURTS AMENDMENT RULE (No. 2) 1996 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Rules amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Insertion of new r 148A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 148A Entry of judgment by post . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Insertion of new rr 341A–341C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 341A Lodging documents for filing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 341B Lodging documents for filing by post . . . . . . . . . . . . . . . . . . . . . . . . . 3 341C Postal dealing fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

s1 2 s3 District Courts Amendment (No. 2) No. 138, 1996 ˙ Short title 1. This rule may be cited as the District Courts Amendment Rule (No. 2) 1996 . ˙ Rules amended 2. This rule amends the District Courts Rules 1968 . ˙ Insertion of new r 148A 3. Part 13, after rule 148— insert— ˙ ‘Entry of judgment by post ‘ 148A.(1) This rule applies if the plaintiff seeks to enter judgment by post. ‘ (2) The documents filed to enter judgment must include— (a) a notice stating the rule under which the plaintiff is seeking to enter judgment; and (b) an affidavit by the plaintiff, attested on the day it is posted, deposing that the plaintiff has not received a copy of an entry of appearance and defence. ‘ (3) The affidavit under subrule (2)(b) may be relied on, for this rule, until the end of 5 days after the day it is attested. ‘ (4) If, before receiving the duplicate judgment, the plaintiff receives a copy of an entry of appearance and defence, the plaintiff must immediately give written notice to the registrar. ‘ (5) The registrar may enter judgment by default if— (a) the documents mentioned in subrule (2) have been filed; and (b) the plaintiff has otherwise complied with this part in seeking to enter judgment; and (c) the registrar is satisfied an entry of appearance and defence has not been filed under these rules. ‘ (6) If, after entering judgment by default, the registrar becomes satisfied

s4 3 s4 District Courts Amendment (No. 2) No. 138, 1996 an entry of appearance and defence was filed under these rules before judgment was entered, the registrar must withdraw the judgment and notify the parties. ‘ (7) In this rule— “enter judgment” means enter judgment under rule 144 or sign judgment under rule 146. “plaintiff” means the plaintiff’s solicitor or, if the plaintiff sues in person, the plaintiff.’. ˙ Insertion of new rr 341A–341C 4. After rule 341— insert— ˙ ‘ Lodging documents for filing ‘ 341A.(1) A document may be lodged for filing by— (a) delivering it to the registry personally; or (b) sending it to the registry, by pre-paid post, in an envelope marked with a note that it contains court documents. ‘ (2) If a document is lodged for filing in contravention of these rules, the registrar may refuse to accept the document for filing. ‘ (3) A document lodged for filing under these rules is not taken to be filed until it is stamped as filed. ˙ ‘ Lodging documents for filing by post ‘ 341B.(1) This rule applies if a document is lodged for filing by post. ‘ (2) The document must be accompanied by the number of copies required by these rules and a stamped envelope addressed to the filing party or the filing party’s solicitor. ‘ (3) The registrar must return to the filing party or solicitor in the envelope— (a) any copies of the document that, under these rules, have been lodged with the document and endorsed or sealed by the registrar;

s4 4 s4 District Courts Amendment (No. 2) No. 138, 1996 or (b) if the document is not accepted for filing—the document. ‘ (4) If, on filing the document, a hearing is required before a chamber judge or registrar, the registrar must not fix a return day earlier than 14 days after the filing day. ‘ (5) If the document contains an affidavit about a debt— (a) it must be attested on the day it is posted; and (b) it may be relied on, for these rules, until the end of 5 days after the day it is attested. ‘ (6) A document lodged for filing by post is at the risk of the filing party. ˙ ‘ Postal dealing fee ‘ 341C.(1) A party must pay the prescribed fee (the “postal dealing fee” ) for lodging a document for filing by post. ‘ (2) The postal dealing fee is in addition to any other fee payable for lodging the document and is not refundable if the document is not accepted for filing.’. ENDNOTES 1. Made by the Governor in Council on 20 June 1996. 2. Notified in the gazette on 21 June 1996. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Justice. © State of Queensland 1996