In the matter of Civil Proceedings Regulation 2024 and an application by the Registrar, Supreme Court of Queensland, Brisbane

[2025] QSC 119

SUPREME COURT OF QUEENSLAND

CITATION:

In the matter of Civil Proceedings Regulation 2024 and an application by the Registrar, Supreme Court of Queensland, Brisbane [2025] QSC 119

PARTIES:

REGISTRAR, SUPREME COURT OF QUEENSLAND, BRISBANE

Applicant

FILE NO:

BS 1027 of 2025

DIVISION:

Trial Division

PROCEEDING:

Application on the papers

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON:

27 May 2025

DELIVERED AT:

Brisbane

HEARING DATE:

On the papers

JUDGE:

Hindman J

ORDER:

The balance of the monies standing to the credit of the Registry of the Supreme Court of Queensland, Brisbane account as set forth in Items 1, 2 and 3 of the List of Inactive Accounts Schedule prepared by the Registrar pursuant to section 26(1) of the Civil Proceedings Regulation 2024 (Qld) and filed on 17 March 2025, which have not been disposed of, together with accrued interest, be transferred to the Consolidated Fund.

CATCHWORDS:

PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – FUNDS IN COURT AND DISPOSAL THEREOF – where the Registrar of the Supreme Court of Queensland, Brisbane has applied for an order pursuant to s. 28 of the Civil Proceedings Regulation 2024 (Qld) to transfer monies in inactive accounts in the Court Funds Account to the Consolidated Fund – where the application is made on the papers – whether there has been compliance with s. 26 of the Civil Proceedings Regulation 2024 (Qld) – whether the Court should make a consolidated fund order under s. 28 of the Civil Proceedings Regulation 2024 (Qld)

Civil Proceedings Regulation 2024 (Qld), ss. 26, 27, 28
Uniform Civil Procedure Rules 1999 (Qld), s. 489

COUNSEL:

Not applicable

SOLICITORS:

Not applicable

1. The Registrar of the Supreme Court of Queensland, Brisbane has applied for an order pursuant to section 28 of the Civil Proceedings Regulation 2024 (Qld) (Regulations) to transfer monies in certain inactive accounts in the Court Funds Account to the Consolidated Fund.

   Application on the papers

2. The application is made on the basis that it be determined without oral hearing. Rule 489 of the Uniform Civil Procedure Rules 1999 (Qld) (UCPR) provides for such a procedure. Rule 489 provides:

   489 Proposal for decision without oral hearing

   (1)A party making an application, including an application in a proceeding, may propose in the application that it be decided without an oral hearing.

   (2)If the applicant proposes the application be decided without an oral hearing, the court must decide the application without an oral hearing unless -

   (a) under rule 491, the court considers it inappropriate to do so; or

   (b)under rule 494, the respondent requires an oral hearing; or

   (c)under rule 495, the applicant abandons the request for a decision without an oral hearing; or

   (d)the Chief Justice or Chief Judge suspends the operation of this rule by direction.

3. The structure of rule 489 is that:

   (a)jurisdiction to proceed without oral hearing is granted;

   (b)the jurisdiction is enlivened by a proposal by an applicant;

   (c)the proposal must be accepted in the absence of the features in rule 489(2)(a)-(d).

4. There is no evident reason not to determine this application without an oral hearing and I do so.

   Substance of the application

5. This application is one specifically permitted by s. 28(2)(a) of the Regulations.

6. I am satisfied on the evidence that:

   (a)notice about four inactive accounts (numbered 1 to 4 in the List of Inactive Accounts Schedule)[1] has been given in compliance with section 26 of the Regulations;[2]

   (b)an application has been made in relation to account numbered 4 in the List of Inactive Accounts Schedule;[3]

   (c)no application under section 27 of the Regulations in respect of the remaining accounts (numbered 1, 2 and 3 in the List of Inactive Accounts Schedule) has been filed in the required time;[4]

   (d)the application by the Registrar under s. 28(2)(a) of the Regulations has been made at a permitted time;

   (e)there is compliance with s. 28(6) of the Regulations.[5]

   [1]Part of CDI 1.

   [2]See the Notice to Accompany List (CDI1); affidavit of Christopher Davies at [3]-[5] (CDI 3).

   [3]Affidavit of Davies at [6].

   [4]Affidavit of Davies at [7].

   [5]CDI 1 and CDI 3.

7. I note that s. 28(6)(ii) of the Regulations in terms requires the relevant affidavit to state that the registrar has complied with section 26. I am prepared to find that requirement satisfied in circumstances where the filed affidavit of Davies (CDI 3) in substance addresses the registrar’s compliance with section 26. It is implicit from the affidavit that the registrar is stating there has been compliance with section 26 of the Regulations.

8. In the above circumstances, pursuant to s. 28(7) of the Regulations the Court may make a consolidated fund order and I do so.

   Order

9. It is ordered that:

   1.The balance of the monies standing to the credit of the Registry of the Supreme Court, Brisbane account as set forth in Items 1, 2 and 3 of the List of Inactive Accounts Schedule prepared by the Registrar pursuant to section 26(1) of the Civil Proceedings Regulation 2024 (Qld) and filed on 17 March 2025, which have not been disposed of, together with accrued interest, be transferred to the Consolidated Fund.