District Courts Amendment Rule (No. 3) 1996 (Qld)

Queensland Subordinate Legislation 1996 No. 155 District Courts Act 1967 DISTRICT COURTS AMENDMENT RULE (No. 3) 1996 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Rules amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Amendment of r 80 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Replacement of r 287 (Warrants of execution) . . . . . . . . . . . . . . . . . . . . . . . 2 287 Warrants of execution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 287A Leave to issue execution more than 6 years after judgment is given . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5 Replacement of rr 364 and 365 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 364 Taxation—Rules of the Supreme Court to apply . . . . . . . . . . . . . . . 3 365 Schedule of Scale of Fees and Costs applies . . . . . . . . . . . . . . . . . . 4 365A Who does the taxation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 6 Amendment of r 367 (Action which court lacks jurisdiction to hear) . . . . . 4 7 Omission of r 368 (Taxation of solicitor and client costs) . . . . . . . . . . . . . . 4 8 Omission of r 372 (Filing bill of costs) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 9 Insertion of new pt 40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 PART 40—TRANSITIONAL 422 Transitional—r 287 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

s1 2 s4 District Courts Amendment Rule (No. 3) No. 155, 1996 ˙ Short title 1. This rule may be cited as the District Courts Amendment Rule (No. 3) 1996 . ˙ Rules amended 2. This rule amends the District Courts Rules 1968 . ˙ Amendment of r 80 3. Rule 80, as a heading— insert— ‘ Delivery of indorsed plaint ’. ˙ Replacement of r 287 (Warrants of execution) 4. Rule 287— omit, insert— ˙ ‘ Warrants of execution ‘ 287.(1) This rule applies if— (a) judgment is given for a party (the “respondent” ) to pay an amount to another party (the “applicant” ); and (b) the respondent has not paid the amount under the judgment. ‘ (2) The applicant may apply to the registrar to issue a warrant of execution for the amount. ‘ (3) The application must be accompanied by an affidavit of debt, in the prescribed form, by or on behalf of the applicant. ‘ (4) The registrar may issue the warrant only if— (a) the application is made within 6 years of the date of the judgment; or (b) the court or a judge has given leave to issue the warrant.

s5 3 s5 District Courts Amendment Rule (No. 3) No. 155, 1996 ‘ (5) To remove any doubt, this rule applies in relation to a judgment whether given before or after the commencement. 1 ˙ ‘ Leave to issue execution more than 6 years after judgment is given ‘ 287A.(1) This rule applies if— (a) a party (the “applicant” ) wishes to apply for the issue of a warrant of execution, under rule 287, for an amount payable to the applicant under a judgment; but (b) the judgment was given more than 6 years previously. ‘ (2) The applicant may apply to the court or a judge for leave to issue the warrant. ‘ (3) The court or judge may— (a) if the court or judge is satisfied the applicant is entitled to execution of the amount—give leave to issue the warrant; or (b) otherwise—order that a question of fact, necessary for deciding the parties’ rights, be tried. ‘ (4) The court or judge may make an order on terms, including, for example, terms about costs.’. ˙ Replacement of rr 364 and 365 5. Rules 364 and 365— omit, insert— ˙ ‘ Taxation—Rules of the Supreme Court to apply ‘ 364. The provisions of the Rules of the Supreme Court about taxation apply, with all necessary changes, to a proceeding in a District Court. 1 Under the Acts Interpretation Act 1954 , section 32F, the commencement referred to is the commencement of the subrule.

s6 4 s9 District Courts Amendment Rule (No. 3) No. 155, 1996 ˙ ‘ Schedule of Scale of Fees and Costs applies ‘ 365. Unless another rule provides otherwise, a court, registrar or taxing officer may only allow a cost under the schedule of scale of fees and costs. ˙ ‘ Who does the taxation ‘ 365A.(1) Costs between the parties must be taxed by the registrar or taxing officer of the court in which they are incurred. ‘ (2) Costs between solicitor and client may be taxed by the taxing officer of the Supreme Court. ‘ (3) This rule applies subject to rule 366.’. ˙ Amendment of r 367 (Action which court lacks jurisdiction to hear) 6. Section 367, ‘, have’— omit, insert— ‘have’. ˙ Omission of r 368 (Taxation of solicitor and client costs) 7. Rule 368— omit. ˙ Omission of r 372 (Filing bill of costs) 8. Rule 372— omit. ˙ Insertion of new pt 40 9. After part 39— insert—

s9 5 s9 District Courts Amendment Rule (No. 3) No. 155, 1996 ‘ PART 40—TRANSITIONAL ˙ ‘ Transitional—r 287 ‘ 422.(1) This rule applies to a warrant of execution— (a) issued under rule 287 before the commencement; 2 and (b) that relates to an amount payable under a judgment given more than 6 years before the issue of the warrant. ‘ (2) The warrant is taken to have been issued with the leave of the court or a judge. ‘ (3) This rule expires 1 year after it commences.’. ENDNOTES 1. Made by the Governor in Council on 27 June 1996. 2. Notified in the gazette on 28 June 1996. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Justice. © State of Queensland 1996 2 Under the Acts Interpretation Act 1954 , section 32F, the commencement referred to is the commencement of the subrule.