District Courts Amendment Rules (No. 2) 1995 (Qld)

Queensland Subordinate Legislation 1995 No. 106 District Courts Act 1967 DISTRICT COURTS AMENDMENT RULES (No. 2) 1995 TABLE OF PROVISIONS Rule Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Amended rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Replacement of r 59 (Service out of the jurisdiction) . . . . . . . . . . . . . . . . . 2 59 Service out of the jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Amendment of r 92 (Defences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 5 Insertion of new r 231A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 231A Trying of questions in different ways and at different times . . . . . . 5 6 Amendment of Sch of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

s1 2 s3 District Courts Amendment Rules (No. 2) No. 106, 1995 ˙ Short title 1. These rules may be cited as the District Courts Amendment Rules (No. 2) 1995 . ˙ Amended rules 2. These rules amend the District Courts Rules 1968 . ˙ Replacement of r 59 (Service out of the jurisdiction) 3. Rule 59— omit, insert— ˙ ‘ Service out of the jurisdiction ‘ 59.(1) A plaint or other process in relation to a proceeding that is within the jurisdiction of a District Court may be served on a person outside Australia and the external Territories, without the leave of a Court, if any of the following paragraphs apply— (a) the proceeding is founded on a cause of action arising in Queensland; (b) the subject matter of the proceeding is— (i) property situated in Queensland; or (ii) the perpetuation of testimony relating to property in Queensland; (c) any Act, deed, will, contract, obligation or liability affecting property situated in Queensland is sought to be construed, rectified, set aside or enforced in the proceeding; (d) the proceeding is for any relief against a person domiciled or ordinarily resident in Queensland; (e) the proceeding is for— (i) the administration of the estate of a person who died domiciled in Queensland; or (ii) any relief that might be obtained in a proceeding for the administration of the estate of a person who died domiciled

s3 3 s3 District Courts Amendment Rules (No. 2) No. 106, 1995 in Queensland; (f) the proceeding is for the execution of a trust and— (i) the trust is created or declared by an instrument; and (ii) the person is a trustee; and (iii) the execution relates to trust property situated in Queensland; and (iv) the trust ought to be executed according to the law of Queensland; (g) the proceeding is to enforce, rescind, dissolve, rectify, annul or otherwise affect, or to recover damages or other relief in relation to the breach of, a contract that— (i) was made in Queensland; or (ii) was made by 1 or more parties carrying on business or residing in Queensland; or (iii) was made by or through an agent carrying on business or residing in Queensland on behalf of a principal carrying on business or residing outside Queensland; or (iv) is governed by the law of Queensland; (h) the proceeding is founded on a breach of contract committed in Queensland, regardless of where the contract was made and whether or not the breach was preceded or accompanied by a breach (wherever occurring) that renders impossible the performance of a part of the contract that ought to be performed in Queensland; (i) the proceeding is founded on a contract that contains a term by which the parties agree to submit to the jurisdiction of District Courts; (j) the proceeding is for the recovery of an amount payable under an Act to a person or body in Queensland; (k) the proceeding is founded on a tort committed in Queensland; (l) the proceeding is for damage that— (i) was suffered in whole or part in Queensland; and

s3 4 s3 District Courts Amendment Rules (No. 2) No. 106, 1995 (ii) was caused by a tortious act or omission (wherever happening); (m) the proceeding is for a contribution or indemnity for a liability enforceable in a Court; (n) the proceeding is for an injunction ordering the defendant to do, or refrain from doing, anything in Queensland (whether or not damages are also claimed); (o) the proceeding is properly brought in Queensland against a person and another person outside Queensland is a necessary or proper party to the proceeding; (p) the proceeding is brought under the Civil Aviation (Carriers’ Liability) Act 1959 (Commonwealth)— (i) by a resident of Queensland; or (ii) in relation to damage that happened in Queensland; (q) the person has submitted to the jurisdiction of District Courts; (r) the subject matter of the proceeding, so far as it concerns the person, is property in Queensland; (s) the proceeding concerns the construction, effect or enforcement of— (i) an Act; or (ii) an Imperial or Commonwealth Act that affects property in Queensland; (t) the proceeding is for the custody, maintenance or advancement of an infant who is domiciled or present in, or a resident of, Queensland; (u) the proceeding, so far as it concerns the person, falls partly within 1 or more of paragraphs (a) to (t). ‘ (2) Each paragraph of subrule (1) is to be construed independently of the other paragraphs and the construction of a paragraph is not to be taken to affect the construction of another paragraph. ‘ (3) Any other process, notice or order, issued, given or made in a

s4 5 s5 District Courts Amendment Rules (No. 2) No. 106, 1995 proceeding may be served outside Queensland with the leave of a Court or a Judge.’. ˙ Amendment of r 92 (Defences) 4. Rule 92(1)— omit, insert— ‘ 92.(1) If a defendant in a proceeding intends to contest the plaintiff’s claim or application, the defendant must file with the registrar of the district where the proceeding was started an entry of appearance and defence or affidavit of answer— (a) if the place of service of the process commencing the proceeding is in Queensland—within 28 days of service of the process or within another period allowed by a Judge in a particular case; or (b) if the place of service of the process commencing the proceeding is in another State or a Territory (including an external Territory)—within the period provided under the Service and Execution of Process Act 1992 (Commonwealth); or (c) if the place of service of the process commencing the proceeding is outside Australia and the external Territories—within 42 days of service of the process or within another period allowed by a Judge in a particular case.’. ˙ Insertion of new r 231A 5. After rule 231— insert— ˙ ‘ Trying of questions in different ways and at different times ‘ 231A.(1) In this rule— “question” means a question or issue, whether of fact or law, or partly of fact and partly of law, that arises in a proceeding (whether or not the question or issue is raised by the pleadings or by the agreement of the parties to the proceeding). ‘ (2) A Judge may at any time make an order providing for—

s6 6 s6 District Courts Amendment Rules (No. 2) No. 106, 1995 (a) a question to be tried separately; or (b) when, in relation to the rest of the proceeding, a question that is to be tried separately is to be tried; or (c) how a question that is to be tried separately is to be tried; or (d) where a question that is to be tried separately is to be tried; or (e) the amendment of an order made under this subrule. ‘ (3) An order under subrule (2)(d) may specify— (a) any place within the district in which the proceeding is pending or is being heard; or (b) a Court at any place in Queensland. ‘ (4) If a question has been tried separately under this rule, a Judge may make an order or give a direction that is appropriate, including for example— (a) dismissing the proceeding, or the whole or a part of a claim for relief that is a part of the proceeding; or (b) giving judgment in the proceeding. ‘ (5) However, if an assessment of damages is made, it must be on a final basis for the proceeding.’. ˙ Amendment of Sch of forms 6.(1) Schedule of forms, Form 26— omit, insert—

s6 7 s6 District Courts Amendment Rules (No. 2) No. 106, 1995 ‘Form 26 GENERAL FORM OF JUDGMENT/ORDER (Title of action or matter) JUDGMENT/ORDER Judge: Date of Judgment/Order: Document initiating this hearing: IT IS ADJUDGED/ORDERED THAT Registrar’. (2) Schedule of forms (Forms 28, 30, 34, 42, 44 to 53, 56, 57, 61, 65 to 70, 73, 74, 76, 82, 83, 89, 91, 94, 95, 98, 100, 103 and 104)— omit. ENDNOTES 1. Made by a majority of the District Court Judges on 1 March 1995. 2. Approved by 2 Judges of the Supreme Court (of whom the Chief Justice was one) on 7 March 1995. 3. Sanctioned by the Governor in Council on 20 April 1995. 4. Notified in the Gazette on 21 April 1995. 5. Laid before the Legislative Assembly on . . . 6. The administering agency is the Department of Justice and Attorney-General. © State of Queensland 1995