District Courts Amendment Rules (No. 1) 1994 (Qld)

Queensland Subordinate Legislation 1994 No. 384 District Courts Act 1967 DISTRICT COURTS AMENDMENT RULES (No. 1) 1994 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Rules amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Replacement of r 146 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 146 Judgment by default . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

s1 2 s3 District Courts Amendment (No. 1) No. 384, 1994 ˙ Short title 1. These rules may be cited as the District Courts Amendment Rules (No. 1) 1994 . ˙ Rules amended 2. These rules amend the District Courts Rules 1968 . ˙ Replacement of r 146 3. Rule 146— omit, insert— ˙ ‘ Judgment by default ‘ 146.(1) If the defendant does not, within the time required, file an entry of appearance and defence to a claim for a debt or liquidated demand (whether made with or without interest), on proof of service of the plaint, the plaintiff may sign judgment for an amount not more than the amount claimed in the plaint, together with— (a) if interest is claimed—interest calculated, to the date of judgment, at the rate specified in the plaint or under subrule (3); and (b) the prescribed amount for costs. ‘ (2) If interest is claimed with the claim for the debt or liquidated demand, it is immaterial whether the interest is claimed under the Common Law Practice Act 1867 or otherwise. ‘ (3) If interest is claimed under the Common Law Practice Act 1867 and the defendant defaults in the way mentioned in subrule (1)— (a) if the plaintiff elects to abandon the claim for the interest—for this rule, the plaint is taken to be a claim for the debt or liquidated demand without interest and the plaintiff may enter judgment accordingly; and (b) if the plaintiff elects to accept interest at a rate not higher than that specified in a Practice Direction given by the Chief Judge of District Courts for any period mentioned in the Direction—the Registrar may award interest under the Direction (whether or not

s3 3 s3 District Courts Amendment (No. 1) No. 384, 1994 the defendant has paid the debt or liquidated demand after action brought) and the plaintiff may enter judgment accordingly; and (c) if the plaintiff seeks to recover a higher rate of interest than that specified in a Practice Direction mentioned in paragraph (b)—the Court or a Judge may decide the interest (if any) that is recoverable and may direct that judgment be entered for the interest (whether or not the defendant has paid the debt or liquidated demand after action brought) and may otherwise direct that judgement be entered as provided by this rule; and (d) if the period for which interest is to be awarded is not specified in the endorsement on the plaint—interest must be allowed only from the date of the issue of the plaint. ‘ (4) A Judge may set aside or amend a judgment by default under this rule, and any execution on it, on terms (including terms about costs and the giving of security) the Judge considers appropriate.’. ENDNOTES 1. Made by a majority of the District Court Judges on 12 August 1994. 2. Approved by 2 Judges of the Supreme Court (of whom the Chief Justice was 1) on 16 August 1994. 3. Sanctioned by the Governor in Council on 27 October 1994. 4. Notified in the Gazette on 28 October 1994. 5. Laid before the Legislative Assembly on . . . 6. The administering agency is the Department of Justice and Attorney-General. © State of Queensland 1994