Uniform Civil Procedure Rules 1999 (Qld)

Uniform Civil Procedure Rules 1999

Chapter 1    Preliminary

1   Short title

These rules may be cited as the Uniform Civil Procedure Rules 1999.

2   Commencement

These rules commence on 1 July 1999.

Note—

The Rules of the Supreme Court, the Supreme Court (Admiralty) Rules 1988, Rules under and in pursuance of the Reciprocal Enforcement of Judgments Act 1959, the District Court Rules 1968, and the Magistrates Courts Rules 1960 expired at the end of 30 June 1999—Supreme Court of Queensland Act 1991, section 118B (repealed) and Acts Interpretation Act 1954, section 18. The Uniform Civil Procedure Rules 1999 commenced at the beginning of 1 July 1999—rule 2 and Acts Interpretation Act 1954, section 15B.

3   Application

(1)Unless these rules otherwise expressly provide, these rules apply to civil proceedings in the following courts—

•the Supreme Court

•the District Court

•Magistrates Courts.

(2)In a provision of these rules, a reference to the court is a reference to the court mentioned in subrule (1) that is appropriate in the context of the provision.

4   Dictionary

(1)The dictionary in schedule 3 defines terms used in these rules.

(2)Words and expressions used in the Civil Proceedings Act 2011 have the same meaning in these rules as they have in that Act.

(3)Subrule (2) does not apply to the extent that the context or subject matter otherwise indicates or requires.

5   Philosophy—overriding obligations of parties and court

(1)The purpose of these rules is to facilitate the just and expeditious resolution of the real issues in civil proceedings at a minimum of expense.

(2)Accordingly, these rules are to be applied by the courts with the objective of avoiding undue delay, expense and technicality and facilitating the purpose of these rules.

(3)In a proceeding in a court, a party impliedly undertakes to the court and to the other parties to proceed in an expeditious way.

(4)The court may impose appropriate sanctions if a party does not comply with these rules or an order of the court.

Example—

The court may dismiss a proceeding or impose a sanction as to costs, if, in breach of the implied undertaking, a plaintiff fails to proceed as required by these rules or an order of the court.

6   Names of all parties to be used

(1)The following documents filed in a proceeding must include the names of all of the parties to the proceeding—

(a)an originating process;

(b)a document to be served on a person not a party to the proceeding;

(c)a final order.

(2)Other documents in a proceeding may include an abbreviation of the title of the proceeding sufficient to identify the proceeding.

(3)If the parties to a proceeding change, the names of the parties on each document filed after the change must reflect the state of the parties after the change.

7   Extending and shortening time

(1)The court may, at any time, extend a time set under these rules or by order.

(2)If a time set under these rules or by order, including a time for service, has not ended, the court may shorten the time.

Note—

A time allowed or provided for under these rules is calculated according to the Acts Interpretation Act 1954, section 38 (Reckoning of time).

Chapter 2    Starting proceedings

Part 1    Starting proceedings

8   Starting proceedings

(1)A proceeding starts when the originating process is issued by the court.

(2)These rules provide for the following types of originating process—

•claim

•application

•notice of appeal

•notice of appeal subject to leave.

(3)An application in, about or pending the trial, hearing or outcome of a proceeding is not an originating process.

Note—

This is commonly called an interlocutory application.

9   Claim compulsory

A proceeding must be started by claim unless these rules require or permit the proceeding to be started by application.

10   Application compulsory

A proceeding must be started by application if an Act or these rules require or permit a person to apply to a court for an order or another kind of relief and—

(a)the Act or rules do not state the type of originating process to be used; or

(b)a type of originating process (other than a claim or application) is required or permitted under a law.

11   Application permitted

A proceeding may be started by application if—

(a)the only or main issue in the proceeding is an issue of law and a substantial dispute of fact is unlikely; or

(b)there is no opposing party to the proceeding or it is not intended to serve any person with the originating process; or

(c)there is insufficient time to prepare a claim because of the urgent nature of the relief sought.

12   Oral application permitted

A court may allow a proceeding to be started by oral application by a counsel or solicitor for an applicant if—

(a)urgent relief is sought; and

(b)the counsel or solicitor undertakes to file an application within the time directed by the court; and

(c)the court considers it appropriate having regard to all relevant circumstances.

13   Proceeding incorrectly started by claim

(1)This rule applies if the court considers a proceeding started by claim should have been started by application or may more conveniently continue as if started by application.

(2)The court may—

(a)order that the proceeding continue as if started by application; and

(b)give the directions the court considers appropriate for the conduct of the proceeding; and

Note—

See rule 367 (Directions).

(c)make any other order the court considers appropriate.

14   Proceeding incorrectly started by application

(1)This rule applies if the court considers a proceeding started by application should have been started by claim or may more conveniently continue as if started by claim.

(2)The court may—

(a)order that the proceeding continue as if started by claim; and

(b)give the directions the court considers appropriate for the conduct of the proceeding; and

(c)if the court considers it appropriate—order that any affidavits filed in the proceeding be treated as pleadings, alone or supplemented by particulars; and

(d)make any other order the court considers appropriate.

15   Registrar may refer issue of originating process to court

(1)If the registrar considers an originating process appears to be an abuse of the process of the court or frivolous or vexatious, the registrar may refer the originating process to the court before issuing it.

(2)The court may direct the registrar—

(a)to issue the originating process; or

(b)to refuse to issue the originating process without leave of the court.

16   Setting aside originating process

The court may—

(a)declare that a proceeding for which an originating process has been issued has not, for want of jurisdiction, been properly started; or

(b)declare that an originating process has not been properly served; or

(c)set aside an order for service of an originating process; or

(d)set aside an order extending the period for service of an originating process; or

(e)set aside an originating process; or

(f)set aside service of an originating process; or

(g)stay a proceeding; or

(h)set aside or amend an order made under rule 126(1) or 129G(1); or

(i)make another order the court considers appropriate.

Note—

See also rule 373 (Incorrect originating process).

Part 2    Rules about originating process

17   Contact details and address for service

(1)A plaintiff or applicant must ensure—

(a)if the plaintiff or applicant intends to act personally, the following details are on the originating process before it is issued—

(i)the residential or business address of the plaintiff or applicant;

(ii)for a proceeding in the Supreme Court or the District Court—if the address specified under subparagraph (i) is not in Queensland, an address in Queensland where documents may be served on the plaintiff or applicant;

(iii)the telephone number (if any) of the plaintiff or applicant;

(iv)if the plaintiff or applicant does not have a telephone number—a way of contacting the person by telephone;

(v)the fax number (if any) of the plaintiff or applicant; or

Note—

The fax number may be relevant for ordinary service—see chapter 4 (Service), part 4 (Ordinary service).

(vi)the email address (if any) of the plaintiff or applicant; or

Notes—

1The email address may be relevant for ordinary service.

2See also chapter 4, part 4.

(b)if a solicitor is appointed to act for the plaintiff or applicant, the following details are on the originating process before it is issued—

(i)the residential or business address of the plaintiff or applicant;

(ii)the name of the solicitor and, if the solicitor practises in a firm of solicitors, the name of the firm;

(iii)the address of the solicitor’s place of business;

(iv)if the address specified under subparagraph (iii) is not the plaintiff’s or applicant’s address for service or is not a Queensland address—an address for service in Queensland including, for example, an address approved by the court as the address for service;

(v)the solicitor’s telephone number;

(vi)the solicitor’s fax number;

(vii)the email address of the solicitor and, if the solicitor practises in a firm of solicitors, the email address of the firm.

(2)If the solicitor, or the solicitor’s firm, is a member of an approved document exchange, the solicitor may include the document exchange address with the details required under subrule (1)(b).

(3)Notice of any change in a party’s address for service must be filed and served on all other parties.

(4)The address for service of a plaintiff or applicant is—

(a)for a party acting personally—

(i)if the party is required to specify an address under subrule (1)(a)(ii)—that address; or

(ii)otherwise—the address specified under subrule (1)(a)(i); and

(b)for a party for whom a solicitor acts—

(i)if an address is specified under subrule (1)(b)(iv)—that address; or

(ii)otherwise—the address specified under subrule (1)(b)(iii).

18   Representative details required

If a person is suing or being sued in a representative capacity, the plaintiff or applicant must state the representative capacity on the originating process.

19   Originating process must be signed

(1)The plaintiff or applicant, or the person’s solicitor, must sign the originating process.

(2)This rule applies subject to rule 975A(1).

20   Copy of originating process for court

(1)The plaintiff or applicant must file with the court a copy of the originating process to be filed and kept by the court.

(2)This rule applies subject to rule 975A(3).

Part 3    Claims

21   Application of pt 3

This part applies to claims.

22   Claim

(1)A claim must be in the approved form.

(2)A plaintiff must—

(a)state briefly in the claim the nature of the claim made or relief sought in the proceeding; and

(b)attach a statement of claim to the claim; and

(c)for a claim filed in the District Court or a Magistrates Court, show the court has jurisdiction to decide the claim.

(3)The claim and attachment must be filed and then served on each defendant.

(4)Subrule (3) does not require service on a defendant personally if the claim and attachment are served in accordance with the Motor Accident Insurance Act 1994, the repealed WorkCover Queensland Act 1996 or the Workers’ Compensation and Rehabilitation Act 2003.

23   Claim must include statement about filing notice of intention to defend claim

The plaintiff must ensure a claim has a statement on it telling the defendant—

(a)the relevant time limited for filing a notice of intention to defend; and

Note—

See rule 137 (Time for notice of intention to defend).

(b)that if the defendant does not file a notice of intention to defend within the time, a default judgment may be obtained against the defendant without further notice.

24   Duration and renewal of claim

(1)A claim remains in force for 1 year starting on the day it is filed.

(2)If the claim has not been served on a defendant and the registrar is satisfied that reasonable efforts have been made to serve the defendant or that there is another good reason to renew the claim, the registrar may renew the claim for further periods, of not more than 1 year at a time, starting on the day after the claim would otherwise end.

(3)The claim may be renewed whether or not it is in force.

(4)However, the court’s leave must be obtained before a claim may be renewed for a period any part of which falls on or after the fifth anniversary of the day on which the claim was originally filed.

(5)Before a claim renewed under this rule is served, it must be stamped with the court’s seal by the appropriate officer of the court and show the period for which the claim is renewed.

(6)Despite subrule (1), for any time limit (including a limitation period), a claim that is renewed is taken to have started on the day the claim was originally filed.

Part 4    Applications

25   Application of pt 4

This part applies to an application that is an originating process.

26   Content of application

(1)An application must be in the approved form.

(2)An application must name as respondents all persons directly affected by the relief sought in the application.

Note—

The court may direct that others be included as respondents—see rule 69 (Including, substituting or removing party).

(3)Subrule (2) does not apply if these rules or another law authorise the hearing of the application without notice being given to another person.

(4)The application must list the affidavits to be relied on by the applicant at the hearing.

(5)The applicant must specify in the application the orders or other relief sought in the proceeding.

(6)If an application is made under an Act, the application must state the name and section number of the Act under which the application is made.

(7)The application, and any copies of the application for service, must specify the day set for hearing the application.

(8)An application filed in the District Court or a Magistrates Court, or material filed with it, must show that the court has jurisdiction to decide the application.

27   Service of application

(1)An application must be filed and then served on each respondent at least 3 business days before the day set for hearing the application.

Note—

Under the Acts Interpretation Act 1954, section 38(1)(a), the service day and the hearing day are excluded in the reckoning of time.

(2)However, the time limit in subrule (1) does not apply if—

(a)these rules, an Act or another law permit the application to be heard and decided without being served; or

(b)the applicant proposes in the application that it be decided without a hearing; or

(c)another time is provided for under these rules or an Act.

(3)If an application is not served as required by subrule (1), the court must not hear and decide the application unless the court considers it just to hear and decide the application on the day set for hearing and 1 of the following applies—

(a)the court is satisfied delay caused by giving notice of the application would cause irreparable or serious mischief to the applicant or another person;

(b)the court is satisfied the respondents to the application will suffer no significant prejudice if it hears and decides the application on the day set for hearing;

(c)the respondents to the application consent to the court hearing and deciding the application on the day set for hearing.

Example of subrule (3)—

The court may decide subrule (3) has been satisfied if the application is a cross application by a respondent to another application and it is convenient for the applications to be heard together.

(4)For an application not served as required by subrule (1)—

(a)the court may make an order on an undertaking given by the applicant and acceptable to the court; and

(b)a person affected by the order may apply to the court for it to be set aside.

28   Service of affidavit in support of application

(1)An affidavit to be relied on by the applicant at the hearing of an application must be filed and then served on each respondent at least 3 business days before the day set for hearing the application.

(2)However, the court may give leave for an affidavit not served as required by subrule (1) to be relied on at the hearing.

29   Notice of address for service

(1)A respondent may not file and serve a notice of intention to defend an application.

(2)However, the respondent may file and serve a notice of address for service in the approved form.

(3)The court may require a respondent to file and serve a notice of address for service in the approved form.

(4)Rule 17 applies in relation to a notice of address for service as if the notice were an originating process and the respondent were an applicant.

(5)Despite rule 17, an address for service stated under the Service and Execution of Process Act 1992 (Cwlth) is the address for service of the respondent.

(6)Failure to file or serve notice of an address for service does not affect the respondent’s right to be heard on the hearing of the application.

30   Consent adjournment

If all the parties to an application consent to an adjournment of a hearing of the application, they may adjourn the application by noting the adjournment on the court file or filing a consent in the approved form.

Part 5    Applications in a proceeding

31   Applications in a proceeding

(1)A person making an application in a proceeding, or the person’s solicitor, must sign the application and file it.

(2)The application must be in the approved form.

(3)The application must name as respondent any party whose interests may be affected by the granting of the relief sought.

(4)If an application is made by a person who is not a party to the proceedings, the application must have on it the information required under rule 17 to be on an originating process unless the information has already been provided on a document filed in the proceeding.

(5)An application must be filed and then served on each respondent at least 2 business days before the day set for hearing the application.

Note—

Under the Acts Interpretation Act 1954, section 38(1)(a), the service day and the hearing day are excluded in the reckoning of time.

(6)If all the parties to an application consent to an adjournment of a hearing of the application, they may adjourn the application by noting the adjournment on the court file.

32   Oral applications

(1)Nothing in this part prevents—

(a)a party to a proceeding making an oral application to the court in the proceeding for an order the court may make on a written application; or

(b)the court making an order sought on an oral application.

(2)If a party makes an oral application, the court may impose conditions required in the interests of justice to prevent prejudice to the other parties.

Part 6    Where to start a proceeding

Division 1 Central registry

33   Central registry

A proceeding in a court may be started in any central registry of the court.

Division 2 Starting proceeding other than in central registry

34   Application of div 2

This division applies to the following courts if a person decides to start a proceeding other than in a central registry of a court—

(a)the Supreme Court;

(b)the District Court;

(c)Magistrates Courts.

35   General rule

(1)A person must start a proceeding before a court in 1 of the following districts—

(a)the district in which the defendant or respondent lives or carries on business;

(b)if there is more than 1 defendant or respondent—the district in which 1 or more of the defendants or respondents live or carry on business;

(c)if the parties to a proceeding to be started in a Magistrates Court or the District Court consent in writing and file the consent with the registrar—

(i)for a Magistrates Court—any Magistrates Courts district; or

(ii)for the District Court—any district of the District Court;

(d)if a defendant has agreed or undertaken in writing to pay a debt or another amount at a particular place—the district in which the place is located;

(e)the district in which all or part of the claim or cause of action arose;

(f)if the proceeding is a claim for the recovery of possession of land—the district in which the land is located.

(2)However, if the proceeding is to be started in the District Court and subrule (1) does not apply—

(a)a person may, without notice to a proposed party, apply to the District Court for directions about the district in which the proceeding should be started; and

(b)the person may start the proceeding in accordance with the court’s directions.

(3)For these rules, a division of the Brisbane Magistrates Court is taken to be a district.

Division 3 Area of Magistrates Courts districts

36   Application of div 3

This division applies only to Magistrates Courts.

37   Extended area of Magistrates Courts districts

(1)The area of a division of a Magistrates Court in the Brisbane Magistrates Courts district includes—

(a)if the division has a common boundary with an adjoining division in the district—the part of the adjoining division that is within 1km of the common boundary; and

(b)if the division has a common boundary with another district—the area outside the Brisbane Magistrates Courts district that is within 35km of the common boundary.

(2)The area of a district, other than the Brisbane Magistrates Courts district, includes the area outside the district that is within 35km of the district’s boundary.

Division 4 Objection to, and change of, venue

38   Objection to venue

(1)This rule applies if a proceeding in a court is started other than in a central registry of the court.

(2)The defendant or respondent to the proceeding may object to the starting of the proceeding in a district of the court other than in accordance with rule 35—

(a)by application to the court for an order dismissing the proceeding or transferring the proceeding to another place at which the court is held; and

(b)if the proceeding is started by claim—by including the objection in the defendant’s notice of intention to defend.

(3)If the defendant or respondent does not object in the way required under subrule (2), the court can not, on its own initiative, decide that the proceeding should have been started at another place at which the court is held.

(4)If the proceeding is started by application, the application under subrule (2)(a) must be made returnable on or before the return date of the originating process.

(5)The court may make any of the following orders on an application under this rule—

(a)an order dismissing—

(i)the application; or

(ii)the proceeding;

(b)an order transferring the proceeding to another place at which the court is held.

(6)If the court makes an order under subrule (5)(a)(i), the proceeding is taken to have been started in a district of the court in accordance with rule 35.

39   Change of venue by court order

(1)This rule applies if at any time a court is satisfied a proceeding can be more conveniently or fairly heard or dealt with at a place at which the court is held other than the place in which the proceeding is pending.

(2)The court may, on its own initiative or on the application of a party to the proceeding, order that the proceeding be transferred to the other place.

40   Change of venue by agreement

The parties to a proceeding may apply for a consent order under rule 666 that the proceeding be transferred to another place at which the court is held.

41   Consequences of transfer

If the court or registrar (the transferring court) orders under rule 38(5)(b), 39(2) or 40 that a proceeding be transferred to another place at which the court is held—

(a)the proceeding is pending in the registry at the other place; and

(b)unless the transferring court otherwise orders, the trial or hearing of the proceeding is to be heard and decided by the court at the other place.

42   [Repealed]

43   [Repealed]

44   [Repealed]

45   [Repealed]

46   [Repealed]

47   [Repealed]

48   [Repealed]

49   [Repealed]

Division 5 Applications heard at a different location

50   Applications heard at a different location

(1)If—

(a)an application in a proceeding would ordinarily be made to the court at a particular registry; and

(b)there is no judge of the court at the registry available to hear and decide the application;

nothing in this part prevents a person making the application in the proceeding to the court at another registry.

(2)If—

(a)an application in a proceeding would ordinarily be made to a particular Magistrates Court; and

(b)there is no magistrate at the court available to hear and decide the application;

nothing in this part prevents a person making the application in the proceeding to another Magistrates Court.

Part 7    Cross-vesting

51   Definitions for pt 7

In this part—

cross-vesting laws means the Jurisdiction of Courts (Cross-vesting) Act 1987 and the Jurisdiction of Courts (Cross-vesting) Act 1987 (Cwlth).

special federal matter see the Jurisdiction of Courts (Cross-vesting) Act 1987 (Cwlth).

52   Application of pt 7

(1)This part applies to a proceeding to which the cross-vesting laws apply.

(2)This part applies only to the Supreme Court.

53   Starting proceedings

(1)A proceeding in which a party relies on the cross-vesting laws must be started under this part.

(2)However, if there is doubt or difficulty about how a proceeding should be started, the court, on application to it, may give directions.

(3)An application for directions may be made without notice to another person.

(4)A party who relies on the cross-vesting laws must include in the process by which the laws are invoked a statement identifying each claim or ground of defence about which the cross-vesting laws are invoked.

(5)A failure to comply with subrule (4) does not invalidate the process.

(6)If a party who has not complied with subrule (4) wishes to invoke the cross-vesting laws, the court, on application by the party, may give directions.

54   Special federal matters

(1)If a matter for decision is a special federal matter, the plaintiff or the defendant must give particulars of the special matter in the statement required under rule 53(4).

(2)The court must not decide a proceeding that raises for decision a special federal matter unless it is satisfied the notice required by section 6(4)(a) of the cross-vesting laws sufficiently specifies the nature of the special federal matter.

55   Service

(1)Despite chapter 4, an originating process in which the cross-vesting laws are relied on may be served outside the jurisdiction.

(2)If a defendant served outside the jurisdiction under subrule (1) does not file a notice of intention to defend, the plaintiff must not take a further step in the proceeding unless the court gives leave to proceed.

(3)The court must not give leave to proceed unless it is satisfied—

(a)jurisdiction under the cross-vesting laws is being invoked; and

(b)the court is a convenient court in which to decide the matter.

(4)An application for leave to proceed must be made by application or it may be included in the application for directions under rule 56.

(5)An order giving leave to proceed does not prevent the court from subsequently transferring the proceeding to another court.

56   Directions

(1)The first party to invoke the cross-vesting laws must make an application for directions and serve it on all other parties.

(2)If a plaintiff is required to make the application for directions, the plaintiff must make and serve the application within 7 days after being served with the first notice of intention to defend.

(3)If a defendant is required to make the application for directions, the defendant must make and serve the application within 7 days after service of the process invoking the cross-vesting laws.

(4)If a proceeding is transferred to the court from another court, the party who started the proceeding must, within 14 days after the date of the order transferring the proceeding, make and serve an application for directions.

(5)If the party does not comply with subrule (4), another party may make and serve the application or the court may call the parties before it on its own initiative.

(6)On the hearing of the application for directions, the court must give a direction or make a decision about the conduct of the proceeding that the court considers appropriate.

(7)The court may, at the trial or hearing of the proceeding, vary an order or decision made on the application for directions.

57   Transfer of proceedings

(1)If the court makes an order transferring a proceeding to another court, the registrar must send to the court to which the proceeding is transferred all documents filed and orders made in the proceeding, unless the court orders otherwise.

(2)If a proceeding is transferred to the court from another court, the registrar must give it a number.

(3)An order transferring a proceeding to another court under section 5 of the cross-vesting laws may be made only by the court constituted by a judge.

58   Transfer on Attorney-General’s application

An application by an Attorney-General of a State or of the Commonwealth under section 5 or 6 of the cross-vesting laws for the transfer of a proceeding may be made by application without the Attorney-General becoming a party to the proceeding.

59   Transfer to court if no proceeding pending

(1)This rule applies if a proceeding is removed to a court under section 8 of the cross-vesting laws.

(2)The court may immediately on the removal give a direction, make a decision or direct the parties to take a step in the proceeding the court considers appropriate.

(3)The court’s powers under subrule (2)—

(a)are in addition to the court’s powers under rule 56; and

(b)include power to give directions that could have been given by the court or tribunal from which the proceeding was removed.

Chapter 3    Parties and proceedings

Part 1    Several causes of action and parties in a proceeding

Division 1 Several causes of action

60   Inclusion of several causes of action in a proceeding

(1)A plaintiff or applicant may, whether seeking relief in the same or different capacities, include in the same proceeding as many causes of action as the plaintiff has against a defendant or the applicant has against a respondent.

(2)However, causes of action may be included in the same proceeding only if at least 1 of the following conditions is satisfied—

(a)if a separate proceeding were brought for each cause of action—a common question of law or fact may arise in all the proceedings;

(b)all rights to relief sought in the proceeding (whether joint, several or alternative) are in relation to, or arise out of, the same transaction or event or series of transactions or events;

(c)the court gives leave, either before or after the start of the proceeding.

Division 2 Several parties

61   Application of div 2

This division applies to a proceeding subject to any order of the court made before or after the proceeding is started—

(a)requiring a person—

(i)to be a party to the proceeding; or

(ii)to attend a proceeding or part of a proceeding; or

(b)dispensing with the requirement for a person to be a party to the proceeding.

62   Necessary parties

(1)Each person whose presence is necessary to enable the court to adjudicate effectually and completely on all matters in dispute in a proceeding must be included as a party to the proceeding.

(2)The court may order a person to be included as a party whose presence as a party is necessary to enable the court to adjudicate effectually and completely on all issues raised in the proceeding.

(3)A person who is required under this rule to be included as a plaintiff or applicant and does not consent to be included in this way may be included as a defendant or respondent.

(4)The court may dispense with a requirement under this rule for a person to be included as a party.

63   Joint entitlement

(1)If a plaintiff or applicant seeks relief to which another person is entitled jointly with the plaintiff or applicant, all persons entitled to the relief must be parties to the proceeding.

(2)A person entitled to seek relief who does not agree to be a plaintiff or applicant must be made a defendant or respondent.

64   Joint or several liability

(1)If a plaintiff or applicant seeks relief against a defendant or respondent who is liable jointly with another person and also liable severally, the other person need not be made a defendant or respondent to the proceeding.

(2)If persons are liable jointly, but not severally, under a contract, and a plaintiff or applicant seeks relief in relation to the contract against some but not all of the persons, the court may stay the proceeding until the other persons liable under the contract are included as defendants or respondents.

65   Inclusion of multiple parties in a proceeding

(1)In a proceeding, 2 or more persons may be plaintiffs or defendants or applicants or respondents if—

(a)separate proceedings were brought by or against each of them and a common question of law or fact may arise in all the proceedings; or

(b)all rights to relief sought in the proceeding (whether joint, several, or alternative) arise out of the same transaction or event or series of transactions or events.

(2)Also, in a proceeding, 2 or more persons may be defendants or respondents if—

(a)there is doubt as to—

(i)the person from whom the plaintiff or applicant is entitled to relief; or

(ii)the respective amounts for which each may be liable; or

(b)damage or loss has been caused to the plaintiff or applicant by more than 1 person, whether or not there is a factual connection between the claims apart from the involvement of the plaintiff or applicant.

66   Identical interest in relief unnecessary

It is not necessary for every defendant or respondent to be interested in all the relief sought or in every cause of action included in a proceeding.

67   Parties incorrectly included or not included

Despite rules 62 and 63, the court may decide a proceeding even if a person is incorrectly included or not included as a party and may deal with the proceeding as it affects the rights of the parties before it.

Division 3 Reconstitution of proceeding

68   Inconvenient inclusion of cause of action or party

(1)This rule applies to a proceeding, despite division 2, if including a cause of action or party may delay the trial of the proceeding, prejudice another party or is otherwise inconvenient.

(2)The court may, at any time—

(a)order separate trials; or

(b)award costs to a party for attending, or relieve a party from attending, a part of a trial in which the party has no interest; or

(c)stay the proceeding against a defendant or respondent until the trial between the other parties is decided, on condition that the defendant or respondent against whom the proceeding is stayed is bound by the findings of fact in the trial against the other defendant; or

(d)make another order appropriate in the circumstances.

(3)In this rule—

trial includes hearing.

69   Including, substituting or removing party

(1)The court may at any stage of a proceeding order that—

(a)a person who has been improperly or unnecessarily included as a party, or who has ceased to be an appropriate or necessary party, be removed from the proceeding; or

(b)any of the following persons be included as a party—

(i)a person whose presence before the court is necessary to enable the court to adjudicate effectually and completely on all matters in dispute in the proceeding;

(ii)a person whose presence before the court would be desirable, just and convenient to enable the court to adjudicate effectually and completely on all matters in dispute connected with the proceeding.

(2)However, the court must not include or substitute a party after the end of a limitation period unless 1 of the following applies—

(a)the new party is a necessary party to the proceeding because—

(i)property is vested in the party at law or in equity and the plaintiff’s or applicant’s claimed entitlement to an equitable interest in the property may be defeated if the new party is not included; or

(ii)the proceeding is for the possession of land and the new party is in possession personally or by a tenant of all or part of the land; or

(iii)the proceeding was started in or against the name of the wrong person as a party, and, if a person is to be included or substituted as defendant or respondent, the person is given notice of the court’s intention to make the order; or

(iv)the court considers it doubtful the proceeding was started in or against the name of the right person as a party, and, if a person is to be included or substituted as defendant or respondent, the person is given notice of the court’s intention to make the order;

(b)the relevant cause of action is vested in the new party and the plaintiff or applicant jointly but not severally;

(c)the new party is the Attorney-General and the proceeding should have been brought as a relator proceeding in the Attorney-General’s name;

(d)the new party is a company in which the plaintiff or applicant is a shareholder and on whose behalf the plaintiff or applicant is suing to enforce a right vested in the company;

(e)the new party is sued jointly with the defendant or respondent and is not also liable severally with the defendant or respondent and failure to include the new party may make the claim unenforceable;

(f)for any other reason—

(i)a claim made, or ground of defence raised, in the proceeding before the end of the limitation period can not be maintained; or

(ii)relief sought in the proceeding before the end of the limitation period can not be granted;

unless the new party is included or substituted as a party.

(3)If the court makes an order including or substituting a party, the court may give directions about the future conduct of the proceeding.

70   Procedure for inclusion of party

(1)Unless the court orders otherwise, an application by a person seeking to be included as a party must be supported by an affidavit showing the person’s interest in—

(a)the matter in dispute in the proceeding; or

(b)a matter in dispute to be decided between the person and a party to the proceeding.

(2)Unless the court orders otherwise, an application to include a person as a defendant or respondent must be served on all existing parties and on the person.

71   Defendant or respondent dead at start of proceeding

(1)This rule applies if—

(a)when an originating process is issued—

(i)a person who would otherwise be defendant or respondent is dead; and

(ii)a grant of representation has not been made; and

(b)the cause of action survives the person’s death.

(2)If the party filing the originating process knows the person who would otherwise be defendant or respondent is dead, the originating process must name as defendant or respondent the ‘Estate of [person’s name] deceased’.

(3)If, after the start of a proceeding against a person, the proceeding is taken, under an Act, to be against the person’s personal representative, all subsequent documents filed in the proceeding must name the personal representative as defendant or respondent.

Note—

See the Civil Proceedings Act 2011, sections 104 and 105 for procedures, relevant to this rule, about estates and grants of representation.

72   Party becomes bankrupt, person with impaired capacity or dies during proceeding

(1)If a party to a proceeding becomes bankrupt, becomes a person with impaired capacity or dies during the proceeding, a person may take any further step in the proceeding for or against the party only if—

(a)the court gives the person leave to proceed; and

(b)the person follows the court’s directions on how to proceed.

(2)If a party to a proceeding becomes bankrupt or dies, the court may, at any stage of the proceeding, order the trustee or personal representative of the party or, if a deceased party does not have a personal representative, someone else, to be included or substituted as a party for the original party.

(3)Subrules (1) and (2) apply subject to the Bankruptcy Act 1966 (Cwlth).

(4)An application for an order under this rule must be served on all persons who could be affected by the order.

(5)The court may, before it makes an order under this rule because a party has died, require notice to be given to—

(a)an insurer of the deceased who has an interest in the proceeding; and

(b)any other person who has an interest in the estate.

(6)An insurer or other person given notice is entitled to be heard on the hearing of the application.

(7)If the court orders that a person be included as a defendant, the person must file a notice of intention to defend within the time set by the court in the order.

(8)If—

(a)a deceased party does not have a personal representative and the court orders that a person be included or substituted as a party for the deceased; and

(b)a grant of representation is subsequently made;

the person must, as soon as practicable, deliver to the deceased’s personal representative a copy of all process and documents in the person’s possession relating to the proceeding.

73   No substitution order after death of plaintiff or applicant

(1)This rule applies if—

(a)a plaintiff or applicant dies and the cause of action survives the death; and

(b)no order is made substituting another person for the deceased.

(2)The court, on application by a party or by a person to whom the benefit of the cause of action passes on the death, may order that, unless an order for substitution is made within a specified time, the proceeding be dismissed on a specified basis, including, for example, with costs against a party, person or estate connected with the proceeding.

(3)A copy of the application must be served on the deceased’s personal representative (if any) unless the court orders otherwise.

74   Amendment of proceedings after change of party

(1)If an order is made changing or affecting the identity or designation of a party, the plaintiff or applicant must—

(a)file an amended copy of the originating process within the time specified in the order, or if no time is specified, within 10 days after the order is made; and

(b)serve the amended originating process on any new party within the time specified in the order.

(2)The plaintiff or applicant must also note on the amended copy of the originating process a reference to the order, the date of the order and the date the amended copy is filed.

(3)Within 10 days after an order is made including or substituting a person as a defendant or respondent, the applicant for the order must serve a copy of the order on every other continuing party and on every person who becomes a party because of the order, unless the court orders otherwise.

(4)If an order is made including or substituting a person as a defendant or respondent, the proceeding against the new defendant or respondent starts on the filing of the amended copy of the originating process.

(5)However, for a limitation period, a proceeding by or against a new party is taken to have started when the original proceeding started, unless the court orders otherwise.

(6)Unless the court otherwise orders—

(a)for a new defendant or respondent who is a substituted defendant or respondent—everything done in the proceeding before it was started against the new defendant or respondent has the same effect in relation to the new defendant or respondent as for the original defendant or respondent; and

(b)for another new defendant or respondent—the proceeding must be continued as if the new defendant or respondent were an original defendant or respondent.

(7)Subrule (6)(a) does not apply to the following—

(a)the filing of a notice of intention to defend by an original defendant;

(b)an admission made by an original defendant or respondent;

(c)an order for costs either in favour of, or against, the original defendant or respondent.

Division 4 Representative party

74A   Application of division

This division does not apply to a representative proceeding under the Civil Proceedings Act 2011, part 13A.

75   Representative party

A proceeding may be started and continued by or against 1 or more persons who have the same interest in the subject matter of the proceeding as representing all of the persons who have the same interest and could have been parties in the proceeding.

76   Order for representation

(1)At any stage of a proceeding brought by or against a number of persons who have the same interest under rule 75, the court may appoint 1 or more parties named in the proceeding, or another person, to represent, for the proceeding, the persons having the same interest.

(2)However, when making an order appointing a person who is not a party, the court must also make an order under rule 62 including the person as a party.

77   Enforcement of order against representative party

(1)An order made in a proceeding against a representative party under this division may be enforced against a person not named as a party only with the court’s leave.

Note—

See also the Civil Proceedings Act 2011, section 18 (Order binds persons who are represented).

(2)An application for leave to enforce an order must be served on the person against whom enforcement of the order is sought as if the application were an originating process.

Division 5 Representative proceedings in Supreme Court

77A   Application of division

This division applies to a representative proceeding under the Civil Proceedings Act 2011, part 13A.

Note—

See rule 4(2) in relation to the meaning in these rules of words and expressions used in the Civil Proceedings Act 2011.

77B   Starting representative proceeding

A representative proceeding must be started by claim in the approved form.

77C   Requirements for giving consent to be group member

(1)This rule applies to the giving of consent under the Civil Proceedings Act 2011, section 103D(2) to be a group member.

(2)The consent must—

(a)be in the approved form; and

(b)be filed and served on the representative party for the representative proceeding to which the notice relates.

77D   Requirements for giving notice to opt out of representative proceeding

(1)This rule applies to the giving of notice under the Civil Proceedings Act 2011, section 103G(2) to opt out of a representative proceeding.

(2)The notice must—

(a)be in the approved form; and

(b)be filed and served on the representative party for the representative proceeding to which the notice relates.

77E   Representative party must give list of opt-out group members

(1)This rule applies if 1 or more group members to whom a representative proceeding relates (each an opt-out group member) file and serve in the proceeding a notice under rule 77D.

(2)The representative party for the representative proceeding must, within 14 days after the opt-out date for the proceeding, give each other party to the proceeding a list of the opt-out group members.

(3)In this rule—

opt-out date, for a representative proceeding, means—

(a)if the court fixes a date for the proceeding under the Civil Proceedings Act 2011, section 103G(3)—that date; or

(b)otherwise—the date fixed by the court for the proceeding under section 103G(1) of that Act.

77F   Requirements for particular applications in representative proceedings

(1)This rule applies to an application for an order under any of the following sections of the Civil Proceedings Act 2011—

(a)section 103H;

(b)section 103S;

(c)section 103T;

(d)section 103W.

(2)The application must—

(a)be in the approved form; and

(b)be accompanied by an affidavit stating, for the group members of the representative proceeding to which the application relates—

(i)the identity of the group members; and

(ii)the whereabouts of the group members; and

(iii)the way that is most likely to bring notice of a matter to the attention of the group members.

Part 2    Multiple proceedings

78   Consolidation of proceedings

The court may order that 2 or more proceedings be consolidated if—

(a)the same or substantially the same question is involved in all the proceedings; or

(b)the decision in 1 proceeding will decide or affect the other proceeding or proceedings.

79   Sequence of hearings

The court may order that 2 or more proceedings be heard together or in a particular sequence.

80   Directions

If the court orders that proceedings be consolidated or heard together or in a specified sequence, the court may give a direction it considers appropriate for the conduct of the proceeding or proceedings.

81   Variation of order

Before or during the hearing of a consolidated proceeding or of proceedings ordered to be heard together or in a particular sequence, the court may order the proceedings be separated or heard in another sequence.

Part 3    Partnerships and business names

Division 1 Partnerships

82   Meaning of partnership proceeding

A partnership proceeding is a proceeding started by or against a partnership in the partnership name and includes a proceeding between a partnership and 1 or more of its partners.

83   Proceeding in partnership name

(1)Two or more partners may start a proceeding in the partnership name.

(2)A proceeding against persons alleged to be partners may be brought against the alleged partnership in the partnership name.

(3)The partnership name used in a partnership proceeding must be the name of the partnership when the cause of action arose.

(4)For a partnership registered under the Partnership Act 1891, the name of the partnership when the cause of action arose is the name in which the partnership was registered when the cause of action arose.

(5)Unless the court orders otherwise, a partnership proceeding must continue in the partnership name and not in the name of the individual partners.

84   Disclosure of partners’ names

(1)At any stage of a partnership proceeding, a party may by written notice require the partnership to give the names and places of residence of the persons who were partners in the partnership when the cause of action arose.

(2)The notice must state a time of not less than 2 business days after service of the notice for compliance with the notice.

(3)If the partnership does not give the information as required by this rule, the court may make an order it considers appropriate, including the following—

(a)an order staying the proceeding until the information is supplied;

(b)an order striking out a pleading or affidavit.

85   Notice of intention to defend

(1)Despite an originating process being against a partnership, a notice of intention to defend must not be filed in a partnership name.

(2)A partner who is served with an originating process against a partnership may file a notice of intention to defend only in the partner’s own name.

Note—

See rule 114 (Service in relation to a partnership).

(3)However, the proceeding continues in the name of the partnership.

86   Person improperly served as partner

(1)In a proceeding against a partnership started by claim, a person who is served as a partner may file a conditional notice of intention to defend stating—

(a)the person files the notice because the person was served as a partner; and

(b)the person denies being a partner at a material time or being liable as a partner.

(2)On application, the court may—

(a)set aside the service of an originating process on the person on the ground that the person is not a partner or is not liable as a partner; or

(b)set aside a conditional notice of intention to defend on the ground that the person is a partner or is liable as a partner.

(3)The court may give directions about how to decide the liability of the person or the liability of the partners.

87   Defence

Except for a person who files a conditional notice of intention to defend under rule 86, a person may file a defence for the partnership in the partnership name only.

88   Enforcement against individual partner

(1)On application by a person seeking to enforce an order against partners in the partnership name, the court may give leave for the order to be enforced against a person who is liable to satisfy the judgment.

(2)The application must be served on the person against whom the order is sought to be enforced.

(3)Despite chapter 4, the person may be served outside Australia without leave.

(4)If, on the hearing of the application, the person denies liability, the court may decide liability summarily or give directions about how liability is to be decided.

Division 2 Business names

89   Proceeding if registered business name

A proceeding may be started against a name registered on the Business Names Register.

90   Proceeding in business name if unregistered

(1)This rule applies if—

(a)a person carries on a business under a name other than the person’s own name; and

(b)the name is not registered on the Business Names Register.

(2)A proceeding in relation to the business mentioned in subrule (1)(a) may be started against the person in the name under which the person carries on business.

(3)The name under which the business is carried on is sufficient designation of the person in a document filed in the proceeding.

(4)An order in the proceeding may be enforced against the person.

91   Notice of intention to defend

(1)This rule applies if a proceeding is brought against a person in relation to a business carried on by the person under a name other than the person’s own name and regardless of whether the name is registered on the Business Names Register or held under business names legislation.

(2)A notice of intention to defend must be in the name of a person and not in the business name.

(3)A person who files a notice of intention to defend must file and serve with the notice a statement of the names and places of residence of all persons who were carrying on business under the name as at the day the proceeding was started.

(4)The court may set aside the notice of intention to defend of a person who does not comply with subrule (3).

(5)For subrule (1), a name is held under business names legislation only if it is held under—

(a)the Business Names Registration Act 2011 (Cwlth), section 54; or

(b)the Business Names Registration (Transitional and Consequential Provisions) Act 2011 (Cwlth), schedule 1, item 5.

92   Amendment as to parties

(1)This rule applies if—

(a)a proceeding is brought against a person in relation to a business carried on by the person under a name other than the person’s own name; and

(b)the name is not registered on the Business Names Register.

(2)The plaintiff or applicant must, as soon as practicable, take all reasonable steps to find out the name of the persons carrying on the business under the name in question.

(3)The plaintiff or applicant must also, as far as practicable, make amendments so the proceeding is continued against a named defendant or respondent and not in the name under which the business was carried on.

(4)Other than for service of the originating process and for complying with this rule, until the amendments are made, the plaintiff or applicant may only take a step in the proceeding with the court’s leave.

(5)An amendment for this rule must be effected under rules 382 and 384.

(6)This rule applies in addition to chapter 10, part 3.

Part 4    Persons under a legal incapacity

93   Litigation guardian of person under a legal incapacity

(1)A person under a legal incapacity may start or defend a proceeding only by the person’s litigation guardian.

(2)Except if these rules provide otherwise, anything in a proceeding (including a related enforcement proceeding) required or permitted by these rules to be done by a party may, if the party is a person under a legal incapacity, be done only by the party’s litigation guardian.

(3)A party’s litigation guardian who is not a solicitor may act only by a solicitor.

94   Who may be a litigation guardian

(1)A person may be a litigation guardian of a person under a legal incapacity if the person—

(a)is not a person under a legal incapacity; and

(b)has no interest in the proceeding adverse to the interest in the proceeding of the person under a legal incapacity.

(2)If a person is authorised by or under an Act to conduct legal proceedings in the name of or for a person with impaired capacity, the authorised person is, unless the court orders otherwise, entitled to be litigation guardian of the person with impaired capacity in any proceeding to which the authorised person’s authority extends.

(3)A corporation, other than the public trustee or a trustee company under the Trustee Companies Act 1968, may not be a litigation guardian.

95   Appointment of litigation guardian

(1)Unless a person is appointed as a litigation guardian by the court, a person becomes a litigation guardian of a person under a legal incapacity for a proceeding by filing in the registry the person’s written consent to be litigation guardian of the party in the proceeding.

(2)If the interests of a party who is a person under a legal incapacity require it, the court may appoint or remove a litigation guardian or substitute another person as litigation guardian.

96   No notice of intention to defend by person under a legal incapacity

If a defendant who is a person under a legal incapacity does not file a notice of intention to defend within the time limited, the plaintiff may not continue the proceeding unless a person is made litigation guardian of the defendant.

97   Disclosure

(1)Chapter 7, parts 1 and 2 apply to a party who is a person under a legal incapacity as if the person were not a person under a legal incapacity.

(2)An act required to comply with an order under chapter 7, part 1 or 2 may be performed by—

(a)if the party is capable of performing it—the party; or

(b)otherwise—the litigation guardian of the party.

98   Settlements and compromises

(1)A settlement or compromise of a proceeding in which a party is a person under a legal incapacity is ineffective unless it is approved by the court or the public trustee acting under the Public Trustee Act 1978, section 59.

(2)To enable the court to consider whether a settlement or compromise should be approved, the litigation guardian for the party must produce to the court—

(a)an affidavit made by the party’s solicitor stating why the settlement or compromise is in the party’s best interests; and

(b)a statement by the litigation guardian that instructions have been given for the settlement or compromise of the proceeding; and

(c)any other material the court may require.

(3)The documents mentioned in subrule (2) are not to be served on another party unless the court orders otherwise.

99   Proceedings by and against prisoners

(1)This rule applies if a prisoner is incapable of bringing or defending a proceeding without the public trustee’s consent.

Note—

See the Public Trustee Act 1978, section 95 (Restrictions on property dealings or proceedings).

(2)The public trustee’s consent must be written on the front, or attached on a separate sheet at the back, of the originating process or notice of intention to defend.

Chapter 4    Service

Part 1    Preliminary

100   Definitions for ch 4

In this chapter—

Australia includes the external territories.

convention, for part 7, division 2, means an agreement, arrangement, treaty or convention, relating to legal proceedings in civil matters, made between Australia and another country.

convention country, for part 7, division 2, means a country other than Australia to which a convention applies.

101   Service not allowed on certain days

A person can not serve a document on Good Friday or Christmas Day unless the court otherwise orders.

102   Approved document exchanges

(1)In a proceeding, a solicitor or party must not give a document exchange address unless the document exchange is approved by the Chief Justice.

(2)The Chief Justice may approve, by practice direction, a document exchange for part 4.

103   Service after 4.00p.m.

If a document is served on a person after 4.00p.m., the document is taken to have been served on the next day.

Part 2    Personal service generally

104   Application of pt 2

This part applies subject to these rules or an order made under these rules.

Note—

For service on the State see the Crown Proceedings Act 1980, section 19, and for service on the Commonwealth see the Judiciary Act 1903 (Cwlth), section 63.

105   Personal service for originating process

(1)A person serving an originating process must serve it personally on the person intended to be served.

(2)If a defendant files an unconditional notice of intention to defend, the claim is taken to have been served on the defendant on the day the notice is filed or, if a party proves the claim was served on an earlier day, the earlier day.

106   How personal service is performed

(1)To serve a document personally, the person serving it must give the document, or a copy of the document, to the person intended to be served.

(2)However, if the person does not accept the document, or copy, the party serving it may serve it by putting it down in the person’s presence and telling him or her what it is.

(3)It is not necessary to show to the person served the original of the document.

Part 3    Service in particular cases

107   Personal service—corporations

A document required to be served personally on a corporation must be served in the way provided for the service of documents under the Corporations Act or another applicable law.

Note—

A corporation includes a body politic or corporate—Acts Interpretation Act 1954, schedule 1.

108   Personal service—young people

(1)A document required to be served personally on a young person must be served instead on the person who is the young person’s litigation guardian for the proceeding to which the document relates.

(2)If the young person does not have a litigation guardian for the proceeding the document must be served instead on—

(a)the young person’s parent or guardian; or

(b)if there is no parent or guardian—an adult who has the care of the young person or with whom the young person lives.

109   Personal service—persons with impaired capacity

A document required to be served personally on a person with impaired capacity (the impaired person) must be served instead on—

(a)the person who is the impaired person’s litigation guardian for the proceeding to which the document relates; or

(b)if there is no-one under paragraph (a)—a person who is entitled under rule 94(2) to be the impaired person’s litigation guardian for the proceeding to which the document relates; or

(c)if there is no-one under paragraph (a) or (b)—an adult who has the care of the impaired person.

110   Personal service—prisoners

A document required to be served personally on a prisoner must be served on—

(a)if the public trustee is manager of the prisoner’s estate under the Public Trustee Act 1978, part 7 and the proceeding is of a property nature or for the recovery of a debt or damage—the public trustee; or

(b)if paragraph (a) does not apply and the prisoner has a litigation guardian—the prisoner’s litigation guardian; or

(c)otherwise—the person in charge of the prison in which the prisoner is imprisoned.

111   Personal service in Magistrates Courts proceedings

(1)All documents in a Magistrates Court proceeding, including a document required by these rules to be served on a person personally, may, unless the court otherwise orders, be served under part 4.

(2)However, a document required by these rules to be served on a person personally must not be served under rule 112(1)(b), (c), (d), (e) or (g).

(3)However, if the person intended to be served resides or carries on business more than 50km from the nearest court, the document may be served by posting a copy of it to the person’s residential or business address.

Part 4    Ordinary service

112   How ordinary service is performed

(1)If these rules do not require personal service of a document, the following are ways by which the document may be served on the person to be served—

(a)leaving it with someone who is apparently an adult living at the relevant address;

(b)if there is no-one at the relevant address—leaving it at the relevant address in a position where it is reasonably likely to come to the person’s attention;

(c)if the relevant address is within a building or area to which the person serving the document has been denied access—leaving it at the building or area in a position where it is reasonably likely to come to the person’s attention;

(d)posting it to the relevant address;

(e)if the person has given—

(i)a fax number under these rules—faxing the document to the person; or

(ii)an email address under these rules—emailing the document to the person;

(f)if the solicitor for the person has—

(i)an exchange box at a document exchange—leaving the document in the exchange box or another exchange box available for documents to be transferred to the solicitor’s exchange box; or

(ii)a fax—faxing the document to the solicitor; or

(iii)an email address—emailing the document to the solicitor;

(g)an electronic means prescribed by practice direction.

(2)A document served under subrule (1)(f)(i) is taken to have been served on the business day after it is left in the document exchange box.

(3)In this rule—

relevant address, of a person to be served, means—

(a)the person’s address for service; or

(b)for an individual who does not have an address for service—

(i)the individual’s last known place of business or residence; or

(ii)if the individual is suing or being sued in the name of a partnership—the principal or last known place of business of the partnership; or

(c)for a corporation that does not have an address for service—its head office or its principal or registered office.

113   Service in relation to a business

(1)This rule applies if—

(a)a proceeding is brought against a person in relation to a business carried on by the person under a name other than the person’s name; and

(b)the name is not registered on the Business Names Register; and

(c)the proceeding is started in the name under which the person carries on the business.

(2)The originating process may be served by leaving a copy at the person’s place of business with a person who appears to have control or management of the business at the place.

114   Service in relation to a partnership

(1)An originating process against a partnership must be served—

(a)on 1 or more of the partners; or

(b)on a person at the principal place of business of the partnership in Queensland who appears to have control or management of the business there; or

(c)for a partnership registered under the Partnership Act 1891—at the registered office of the partnership.

(2)If the originating process is served under subrule (1), each of the partners who were partners in the partnership when the originating process was issued, including a partner who was outside Queensland at the time, is taken to have been served.

(3)The originating process must also be served on any person the plaintiff seeks to make liable as a partner but who was not a partner when the originating process was issued.

Part 5    Other service

115   Acceptance of service

(1)Despite parts 2, 3 and 4, a solicitor may accept service of a document for a party.

(2)The solicitor must make a note on a copy of the document to the effect that the solicitor accepts service for the party.

(3)The document is taken to have been served on the party, unless the party proves the solicitor did not have authority to accept service for the party.

(4)This rule applies whether or not personal service of the document is required under these rules.

116   Substituted service

(1)If, for any reason, it is impracticable to serve a document in a way required under this chapter, the court may make an order substituting another way of serving the document.

(2)The court may, in the order, specify the steps to be taken, instead of service, for bringing the document to the attention of the person to be served.

(3)The court may, in the order, specify that the document is to be taken to have been served on the happening of a specified event or at the end of a specified time.

(4)The court may make an order under this rule even though the person to be served is not in Queensland or was not in Queensland when the proceeding started.

117   Informal service

If—

(a)for any reason, a document is not served as required by this chapter but the document or a copy of it came into the possession of the person to be served; and

(b)the court is satisfied on evidence before it that the document came into the person’s possession on or before a particular day;

the court may, by order, decide that the possession of the document is service for these rules on the day it came into the person’s possession or another day stated in the order.

118   Service on agent

(1)If a person living or carrying on business outside Queensland (the principal) enters into a contract in Queensland through an agent living or carrying on business in Queensland, the court may, without deciding the agent’s authority or business relationship with the principal, give leave for an originating process relating to a proceeding arising out of the contract to be served on the agent.

(2)The court must, in an order giving leave under subrule (1), state the time within which the principal must file a notice of intention to defend.

(3)The party serving the originating process on the agent must immediately send to the principal a copy of each of the order and originating process.

(4)The documents required to be sent under subrule (3) must be sent to the principal’s address outside Queensland by prepaid post.

119   Service under contract

(1)This rule applies if—

(a)before a proceeding starts, the parties to the proceeding agree that a document relating to the proceeding may be served on a party, or someone else for the party, in a way or at a place, in Queensland or elsewhere, specified in the agreement; or

(b)after a proceeding starts, the parties to the proceeding agree that a document relating to the proceeding may be served on a party, or someone else for the party, in a way or at a place, in Queensland or elsewhere, specified in the agreement.

(2)The document may be served in accordance with the agreement.

120   Affidavit of service

(1)If an affidavit of service of a document is required under these rules or an Act or law, the affidavit—

(a)for an affidavit of personal service—must be made by the person who served the document and include the following—

(i)the person’s full name;

(ii)the time, day and date the document was served;

(iii)the place of service;

(iv)the name of the person served and how the person was identified; or

(b)otherwise—

(i)must state the relevant dates and the facts showing service; and

(ii)may be made on information given to, or the belief of, the person causing the service; and

(iii)if made on information given to the person—must state the source of the information.

(2)An affidavit of service must—

(a)have the document filed with it as an exhibit or be written on the document; or

(b)if the document has been filed—mention the document in a way sufficient to enable the document to be identified.

121   Identity of person served

For proving service, a statement by a person of his or her identity or that he or she holds a particular office or position is evidence of the identity or that the person holds the office or position.

122   Special requirements for service by fax

(1)A document served by fax must include a cover page stating the following—

(a)the sender’s name and address;

(b)the name of the person to be served;

(c)the date and time of transmission;

(d)the total number of pages, including the cover page, transmitted;

(e)the telephone number from which the document is transmitted;

(f)the name and telephone number of a person to contact if there is a problem with the transmission;

(g)that the transmission is for service under a stated rule.

(2)An affidavit of service of a document by fax must include, as an exhibit, the transmission advice, generated by the sender’s fax machine, indicating the transmission was successful.

Part 6    Service outside Queensland

123   Service outside Queensland

(1)This rule applies only to service of an originating process outside Queensland but within Australia.

(2)The originating process must be served in accordance with the Service and Execution of Process Act 1992 (Cwlth).

Part 7    Service outside, or emanating from outside, Australia

Division 1 Ordinary service outside Australia

Subdivision 1 Supreme Court proceedings

124   Application of subdivision

(1)This subdivision applies only for a proceeding in the Supreme Court.

(2)However, this subdivision does not apply to service in New Zealand of an originating process for, or any other document to be served in or for, a proceeding an originating process for which may be served in New Zealand under the Trans-Tasman Proceedings Act 2010 (Cwlth), part 2, division 2.

125   When service allowed without leave

An originating process may be served outside Australia without leave in the following circumstances—

(a)if the claim is founded on a tortious act or omission—

(i)that was done or that happened wholly or partly in Australia; or

(ii)in respect of which the damage was sustained wholly or partly in Australia;

(b)if the claim is for the enforcement, rescission, dissolution, annulment, cancellation, rectification, interpretation or other treatment of, or for damages or other relief in respect of a breach of, a contract that—

(i)was made or entered into in Australia; or

(ii)was made by or through an agent trading or residing within Australia; or

(iii)was to be wholly or in part performed in Australia; or

(iv)was by its terms or by implication to be governed by Australian law or to be enforceable or cognisable in an Australian court;

(c)if the claim is in respect of a breach in Australia of a contract, wherever made, whether or not the breach was preceded or accompanied by a breach outside Australia that rendered impossible the performance of that part of the contract that ought to have been performed in Australia;

(d)if the claim—

(i)is for an injunction to compel or restrain the performance of an act in Australia; or

(ii)is for interim or ancillary relief in respect of a matter or thing in or connected with Australia, and the relief is sought in relation to a judicial or arbitral proceeding started or to be started, or an arbitration agreement made, in or outside Australia (including, without limitation, interim or ancillary relief in relation to a proceeding under the International Arbitration Act 1974 (Cwlth) or the Commercial Arbitration Act 2013); or

(iii)without limiting subparagraph (ii), is an application for a freezing order or ancillary order under chapter 8, part 2, division 2 in respect of a matter or thing in or connected with Australia;

(e)if the subject matter of the claim is land or other property situated in Australia, or an act, deed, will, instrument or thing affecting land or property situated in Australia, or the proceeding is for the perpetuation of testimony relating to land or property situated in Australia;

(f)if the claim relates to the carrying out or discharge of the trusts of a written instrument of which the person to be served is a trustee and that ought to be carried out or discharged according to Australian law;

(g)if relief is sought against a person domiciled or ordinarily or habitually resident in Australia (whether present in Australia or not);

(h)if a person outside Australia is—

(i)a necessary or proper party to a proceeding properly brought against another person served or to be served (whether within Australia or outside Australia) under any other provision of these rules; or

(ii)a defendant to a claim for contribution or indemnity in respect of a liability enforceable by a proceeding in the court;

(i)if the claim is for—

(i)the administration of the estate of a deceased person who at the time of the person’s death was domiciled in Australia; or

(ii)relief or a remedy that might be obtained in a proceeding mentioned in subparagraph (i);

(j)if the claim arises under an Australian enactment and 1 or more of the following applies—

(i)an act or omission to which the claim relates was done or happened in Australia;

(ii)any loss or damage to which the claim relates was sustained in Australia;

(iii)the enactment applies expressly or by implication to an act or omission that was done or happened outside Australia in the circumstances alleged;

(iv)the enactment expressly or by implication confers jurisdiction on the court over persons outside Australia (in which case any requirements of the enactment relating to service must be complied with);

(k)if the person to be served has submitted to the jurisdiction of the court;

(l)if a claim is made for restitution or for the remedy of constructive trust and the alleged liability of the person to be served arises out of an act or omission that was done or happened wholly or partly in Australia;

(m)if it is sought to recognise or enforce a judgment;

(n)if the claim is founded on a cause of action arising in Australia;

(o)if the claim affects the person to be served in respect of the person’s membership of a corporation incorporated in Australia, or of a partnership or an association formed or carrying on any part of its affairs in Australia;

(p)if the claim concerns the construction, effect or enforcement of an Australian enactment;

(q)if the claim—

(i)relates to an arbitration held in Australia or governed by Australian law; or

(ii)is to enforce in Australia an arbitral award wherever made; or

(iii)is for orders necessary or convenient for carrying into effect in Australia the whole or any part of an arbitral award wherever made;

(r)if the claim is for relief relating to the custody, guardianship, protection or welfare of a child present in Australia or who is domiciled or ordinarily or habitually resident in Australia (whether present in Australia or not);

(s)if the claim, so far as it concerns the person to be served, falls partly within 1 or more of paragraphs (a) to (r) and, as to the residue, within 1 or more of the others of paragraphs (a) to (r).

Notes—

1See rules 178(4) and 195(1)(b) in relation to service under this subdivision of a counterclaim against a person not a party to a proceeding and a third party notice.

2If a proceeding is started in the court and an originating process is served outside Australia under this rule but the court later decides it is more appropriate that the proceeding be decided by a court of another Australian jurisdiction, the court may transfer the proceeding to the other court under the Jurisdiction of Courts (Cross-vesting) Act 1987 and may make an order for costs against the party who started the proceeding in the court rather than in the transferee court.

126   When service allowed with leave

(1)The court may, by leave, allow service outside Australia of an originating process if service is not allowed under rule 125.

(2)An application for leave under this rule must be made on notice to every party other than the person intended to be served.

(3)Also, an application for leave under this rule must be supported by an affidavit stating any facts or matters related to the desirability of the court assuming jurisdiction, including—

(a)the place or country in which the person to be served is or possibly may be found; and

(b)whether or not the person to be served is an Australian citizen.

(4)The court may grant leave under this rule if satisfied—

(a)the claim has a real and substantial connection with Australia; and

(b)Australia is an appropriate forum for the trial; and

(c)in all the circumstances the court should assume jurisdiction.

(5)A sealed copy of an order made under this rule must be served with the document to which it relates.

127   Court’s discretion whether to assume jurisdiction

(1)On application by a person on whom an originating process has been served outside Australia, the court may dismiss or stay the proceeding or set aside service of the originating process.

(2)Without limiting subrule (1), the court may make an order under this rule if satisfied—

(a)service of the originating process is not authorised by these rules; or

(b)the court is an inappropriate forum for the trial of the proceeding; or

(c)the claim has insufficient prospects of success to warrant putting the person served outside Australia to the time, expense and trouble of defending the claim.

128   Notice to person served outside Australia

(1)If a person is to be served outside Australia with an originating process, the person must also be served with a notice in the approved form informing the person of—

(a)the scope of the jurisdiction of the court in respect of claims against persons who are served outside Australia; and

(b)the grounds alleged by the plaintiff to found jurisdiction; and

(c)the person’s right to challenge service of the originating process or the jurisdiction of the court or to file a conditional notice of intention to defend.

(2)Also, if the service of the originating process is by leave of the court, the notice must list the affidavits relied on to obtain the court’s leave.

129   Time for notice of intention to defend

(1)This rule applies if the originating process for a proceeding is a claim.

(2)Subject to subrule (3), chapter 5 applies to the proceeding.

Schedule 2 Scale of costs—Magistrates Courts

rule 691(2)(b)

Part 1    General

1   Costs allowed for counsel and solicitor or clerk

(1)The costs of or incidental to the attendance of both counsel and a solicitor during a trial are not to be allowed unless a court certifies that the attendance of both counsel and solicitor was necessary.

(2)The costs of or incidental to the attendance of a clerk with counsel or a solicitor acting as advocate during a trial are to be allowed unless a court certifies the attendance of the clerk was not reasonably required.

(3)A court may direct that costs to be allowed for counsel or a solicitor acting as advocate are to be less than the costs set out in part 2 or 3.

2   Costs of unnecessary step

A court may disallow the costs of a step taken by a party in a proceeding if the court considers the step was unnecessary for the proper conduct of the proceeding.

Part 2    Costs (up to $50,000)

A $2,500 or under	B Over $2,500 but not over $5,000	C Over $5,000 but not over $20,000	D Over $20,000 but not over $50,000
$	$	$	$
(including GST)
1  Instructions to sue—claim and statement of claim and service	454.55	858.55	1,343.00	1,491.00
2  Instructions to defend—notice of intention to defend and defence and filing	454.55	858.55	1,343.00	1,491.00
3  Appearance in court in undefended proceedings (or in defended proceedings in which a claim or defence is not proceeded with—additional to costs for instructions to sue but including costs under item 4) to obtain judgment	119.95	200.15	303.40	333.10
4  Obtaining judgment by default	119.95	200.15	303.40	333.10
5  Preparing for trial, up to and including settlement conference—
(a)  including brief for counsel to appear at conference	516.35	1,227.00	1,975.00	2,325.00
(b)  if no counsel appears at conference	464.80	1,162.00	1,802.00	2,130.00
6  Balance of preparing for trial—
(a)  including trial brief if counsel engaged	605.40	1,350.00	2,098.00	2,653.00
(b)  if no counsel at trial	426.10	994.05	1,582.00	2,021.00
7  Preparing for trial, if no settlement conference—
(a)  including trial brief if counsel engaged	1,033.00	2,452.00	3,951.00	4,843.00
(b)  if no counsel at trial	813.30	2,033.00	3,261.00	4,015.00
8  Counsel’s fees—
(a)  to settle claim and statement of claim, counterclaim, notice of intention to defend or notice of appeal	–	–	290.50	347.35
(b)  to settle special affidavit, reply or particulars that the magistrate, registrar or costs assessor is satisfied are reasonably necessary or proper	–	–	187.30	227.20
(c)  to settle interrogatories or answers to interrogatories that the magistrate, registrar or costs assessor is satisfied are reasonably necessary or proper	–	–	284.00	340.85
(d)  on conference, inspection of works or other site inspection, or a similar attendance that the magistrate, registrar or costs assessor is satisfied is reasonably necessary or proper—each hour	–	–	290.50	347.35
(e)  to advise on evidence or for any other opinion	–	–	303.40	388.50
(f)  on trial or hearing (other than an application in a proceeding)—first day	981.20	1,110.00	1,845.00	2,246.00
(g)  on each subsequent day of trial or hearing (if the matter occupies 2 or more hours of the day and the appearance is certified for by the court)	652.00	741.10	1,232.00	1,491.00
(h)  on each subsequent day of trial or hearing not included in paragraph (g)	320.20	366.60	606.70	755.25
(i)  if a proceeding is heard outside the town where counsel ordinarily practises, a further fee by way of out-of-chambers fee (not less than $60.00 a day) may be allowed for each day it is not reasonably practicable for counsel to be in attendance at chambers for a total of at least 1 hour, between 8.30a.m. and 5.30p.m.
(j)  on an application in a proceeding	–	–	296.95	347.35
(k)  to hear deferred judgment	–	–	154.85	200.15
9  Solicitor on hearing—
(a)  appearance without counsel on hearing—first day	890.90	942.50	1,499.00	1,827.00
(b)  appearance without counsel on second and each subsequent day of hearing (if the matter occupies 2 or more hours of the day and the appearance is certified for by the court)	633.95	633.95	1,033.00	1,253.00
(c)  attendance of clerk with solicitor acting as advocate—each day	107.75	320.20	335.60	388.50
Costs under paragraph (c) are not allowed if the court certifies the attendance of the clerk was not reasonably required.
10  On hearing with counsel—
(a)  attendance of solicitor with counsel (if the attendance is certified for by the court)—each day	400.30	473.75	742.40	897.35
(b)  attendance of clerk with counsel—each day	107.75	320.20	335.60	366.60
Costs under paragraph (b) are not allowed if the court certifies the attendance of the clerk was not reasonably required.
11  On hearing with counsel—
(a)  counsel’s fees (if no fee is payable under item 8(f))	320.20	340.85	567.95	671.45
(b)  solicitor for appearance without counsel	320.20	320.20	516.35	621.10
12  Applications to the court (other than an application for an adjournment)	220.05	381.00	600.30	747.65
13  Instructions—
(a)  for disclosure, preparing list of documents and making inspection and copies of documents—
(i)  allowance to party requesting disclosure	186.70	286.80	400.30	473.75
(ii)  allowance to party making disclosure	186.70	652.00	723.05	871.55
(b)  for interrogatories and answers to interrogatories (including preparation, filing and perusing)—
(i)  allowance to party delivering interrogatories	186.70	494.55	520.40	600.30
(ii)  allowance to party answering interrogatories	186.70	461.05	480.20	654.75
14  Enforcement hearing—
(a)  counsel’s fees	446.80	507.45	787.60	968.25
(b)  if no counsel engaged	320.20	440.35	697.10	839.25
15  Enforcement warrant—
(a)  costs of preparing warrant and attending issuing and for return—to be marked on warrant (exclusive of court or other fees)	96.25	200.15	303.40	366.60
(b)  costs of registration of warrant against land	96.25	200.15	303.40	366.60
16  Warrant (other than enforcement warrant)—costs of preparing warrant and attending issuing and for return	96.25	200.15	303.40	366.60

Part 3    Costs (over $50,000)

This part applies if the amount recovered or claimed by the plaintiff is over $50,000.

$
(including GST)
General care and conduct
1	In addition to an amount that is to be allowed under another item of this part, the amount that is to be allowed for a solicitor’s care and conduct of a proceeding is the amount the registrar or a costs assessor considers reasonable, in accordance with any guidelines issued in a practice direction by the Chief Magistrate and having regard to the circumstances of the proceeding, including, for example—
(a)  the complexity of the proceeding; and
(b)  the difficulty and novelty of any question raised in the proceeding; and
(c)  the importance of the proceeding to the party; and
(d)  the amount involved; and
(e)  the skill, labour, specialised knowledge and responsibility involved in the proceeding on the part of the solicitor; and
(f)  the number and importance of the documents prepared or perused, without regard to the length of the documents; and
(g)  the time spent by the solicitor; and
(h)  research and consideration of questions of law and fact.
Registrar’s or costs assessor’s discretion
2	For a matter for which a cost is not provided for in this part, the amount to be allowed is the cost the registrar or a costs assessor considers reasonable.
Costs on quarter-hourly basis
3	If, under an item of this part, costs in relation to a matter are allowable on a quarter-hourly basis, the amount to be allowed is—
(a)  for less than a quarter-hour spent on the matter—the cost of 1 quarter-hour; or
(b)  for part of a quarter-hour after the first quarter-hour spent on the matter—a proportionate amount of the cost of 1 quarter-hour.
Drafting documents
4	Drafting a document—for each 100 words	21.40
Producing documents
5	Producing a document in final form—for each 100 words	5.15
Preparing exhibit certificates
6	Preparing an exhibit certificate—for each exhibit, including a paginated book	4.00
Copying documents
7	Copying a document—for each page	0.24
Perusing documents
8	Perusing a document—for each 100 words	5.15
Examining or comparing documents
9	Examining a document or comparing documents, if perusal is unnecessary—
(a)  by a solicitor—for each quarter-hour	75.85
(b)  by an employee—for each quarter-hour	22.35
Serving documents
10	Serving on a person 1 or more documents at the same time—
(a)  personal service, by a solicitor or a solicitor’s employee, if personal service is required for 1 or more of the documents served	44.30
However, if the registrar or a costs assessor considers another amount is reasonable (having regard, for example, to the distance travelled, the time involved, and the number of attendances necessary to effect service), the amount to be allowed is the amount the registrar or the costs assessor considers reasonable.
(b)  ordinary service, other than ordinary service of a type mentioned in paragraph (c), (d) or (e)	27.80
(c)  service by post	20.20
(d)  service by facsimile—
(i)  for the first page	9.15
(ii)  for each extra page	1.10
(e)  service by email	9.15
Attendances
11	Attendance, if capable of being done by an employee—
(a)  to file or deliver a document, obtain an appointment, insert an advertisement, or settle an order	27.80
(b)  to search	27.80
(c)  to do something of a similar nature	27.80
12	Attendance by telephone that does not involve the exercise of skill or legal knowledge	18.60
13	Attendance in court, mediation or case appraisal, at a compulsory conference or before the registrar, by a solicitor who appears without counsel—for each quarter-hour	84.20
14	Attendance for a hearing or trial held at a place other than the town where the solicitor lives or carries on business—
(a)  by the solicitor—
(i)  for the time spent in attendance at the hearing or trial—for each quarter-hour	77.00
(ii)  for the time the solicitor is absent from the solicitor’s place of business, including time used in travelling to or from the hearing or trial, other than in attendance at the hearing or trial—
(A)  for an absence of 4 hours or less	578.45
(B)  for an absence of more than 4 hours—for each quarter-hour to a maximum of 8 hours	37.35
(iii)  the expenses the registrar or a costs assessor considers reasonable for each day of absence, including Saturdays and Sundays
(iv)  the actual expenses of transport to and from the hearing or trial the registrar or a costs assessor considers reasonable
(b)  by the solicitor’s employee—the amount the registrar or a costs assessor considers reasonable
However, if the solicitor’s absence is to attend more than 1 hearing or trial at the same place, the costs are to be divided proportionately.
15	Attendance at a call-over, to be apportioned if the attendance is for more than 1 proceeding	50.75
16	Other attendances—
(a)  by a solicitor, involving skill or legal knowledge—for each quarter-hour	77.00
(b)  by an employee—for each quarter-hour	22.35
However, the costs allowed under this item are to be reduced by 25% in relation to time necessarily spent at court before an appearance in court.
Correspondence
17	(1)  Correspondence sent—
(a)  written message or letter (20 words or less)	15.50
This includes a letter forwarding documents without explanation.
(b)  short letter (21 to 100 words)	30.95
(c)  any other letter—for each 100 words	26.90
This covers any form of written communication including ordinary post, facsimile, email, text or other form of electronic transmission.
This includes the charges of the communication provider, other than charges for sending the correspondence by registered post, international post or courier or serving the correspondence personally.
For a circular letter, the first is to be allowed under this item. For each circular letter after the first, the charge under item 7 applies.
(2)  Correspondence received—
(a)  receiving any correspondence, including by electronic means, and filing, including reading a message (20 words or less) and, for an electronic communication, printing 1 page for filing	15.50
For printing additional pages received electronically for filing, the charge under item 7 applies.
(b)  perusing correspondence—
(i)  for the first 100 words	20.70
(ii)  for each 100 words or part after the first 100 words	10.30
(c)  if perusing the document is not reasonably necessary, to examine the document—for each page	5.20
(3)  Agency correspondence—
(a)  for sending correspondence to the agent by the principal, or to the principal by the agent—costs under subitem (1)
(b)  for receiving correspondence from the agent by the principal, or from the principal by the agent—costs under subitem (2)
If engagement of the agent was normal and reasonable in the circumstances, costs may be charged under this item by the principal and the agent.
Correspondence between offices of the same firm of solicitors may be charged if it is analogous to agency correspondence and the engagement of an agent was not reasonable in the circumstances.
Note—The word count for agency correspondence is based on the body of the correspondence, as defined in schedule 3.
Electronic conduct of proceedings
18	(1)  Examining an electronic document or comparing electronic documents, including emails, if perusal is unnecessary—for each 100 words	1.05
(2)  Preparing a document for disclosure, or to be exchanged electronically—
(a)  by barcoding the document—for each page	0.60
(b)  by electronically scanning or imaging the document—for each page	0.60
(c)  by entering data about the document in a database, including delimiting the document to decide start and end pages, and carrying out quality control of the data, for example, to check for missing data and check spelling—for each document	5.15
(3)  To the extent a proceeding is conducted electronically, the costs to be allowed, including the costs of any electronic service provider, are the costs the registrar or a costs assessor considers have been reasonably incurred and paid.
Fixed cost items
19	Instructions to sue—claim and statement of claim and service	1,698.00
20	Costs for obtaining judgment under chapter 9, part 1, division 2	446.40
21	Costs for obtaining an enforcement warrant	446.40

Schedule 3 Dictionary

rule 4

account, for a financial institution, for chapter 19, see rule 793.

account assessment see rule 644.

account assessor see rule 644.

accounting party, for chapter 14, part 1, see rule 530(2).

accurately, in relation to interpreting, translating or sight translating, for chapter 11, part 6, see rule 429VB.

additional authority, for chapter 4, part 7, division 3, see rule 130A.

address for service means—

(a)for a plaintiff, applicant or appellant—see rule 17(4); and

(b)for a respondent—the address given under rule 29; and

(c)for a defendant—see rule 17(4) as applied by rule 140.

administration charge means—

(a)the amount set from time to time by a practice direction issued by—

(i)for an enforcement warrant issued by the Supreme Court—the Chief Justice; or

(ii)for an enforcement warrant issued by the District Court—the Chief Judge; or

(iii)for an enforcement warrant issued by a Magistrates Court—the Chief Magistrate; or

(b)if a practice direction is not in force—$3.00.

ADR costs, for chapter 9, part 4, see rule 313.

applicant—

(a)for chapter 4, part 7, division 3, see rule 130A; or

(b)for chapter 7, part 1, see rule 208B; or

(c)for chapter 15, part 7, see rule 623; or

(d)for chapter 21, see rule 948.

application—

1

Each of the following is an application—

(a)an application starting a proceeding;

(b)another application.

2

If the court orders a proceeding started by claim to continue as an application, the claim is also an application for these rules.

application because of default means an application under chapter 9, part 1.

appointing parties, for chapter 11, part 5, see rule 429L.

approved document exchange means a document exchange approved under rule 102.

approved entity ...

assessed costs see rule 679.

assessing registrar, for chapter 17A, see rule 679.

attached to a document includes incorporated into the document.

attendance allowance, for chapter 11, part 4, see rule 413A.

audio link, for chapter 11, part 4, see rule 413A.

audio visual link, for chapter 11, part 4, see rule 413A.

Australia, for chapter 4, see rule 100.

Australian lawyer, for chapter 17A, see rule 679.

beneficiary, for chapter 15, parts 10 and 11, see rule 644.

body, of correspondence, does not include an address, salutation or other text that is generic to correspondence.

Brisbane registrar ...

business day see the Acts Interpretation Act 1954, schedule 1.

caveator, for chapter 15, part 7, see rule 623.

central authority, for chapter 4, part 7, division 3, see rule 130A.

central registry means—

(a)for the Supreme Court—the registry of the court at Brisbane, Rockhampton, Townsville or Cairns; or

(b)for the District Court—the registry of the court at Brisbane, Rockhampton, Townsville or Cairns; or

(c)for a Magistrates Court—the registry of a Magistrates Court in the central division of the Brisbane District, or at Rockhampton, Townsville or Cairns.

certificate of account assessment, for chapter 15, parts 10 and 11, see rule 644.

certificate of assessment, for chapter 17A, see rule 679.

certificate of service, for chapter 4, part 7, division 3, see rule 130A.

certifying authority, for chapter 4, part 7, division 3, see rule 130A.

civil proceeding, for chapter 4, part 7, division 3, see rule 130A.

claim—

1

A claim is a document under chapter 2, part 3 starting a proceeding.

2

If the court orders a proceeding started by application to continue as a claim, the application is also a claim for these rules.

claimant, for chapter 21, see rule 948.

client, for chapter 17A, see rule 679.

code of conduct—

(a)for chapter 11, part 5—see rule 425; or

(b)for chapter 11, part 6—see rule 429VB.

commission, for chapter 15, parts 10 and 11, see rule 644.

Commonwealth Act, for chapter 20A, see rule 947A.

conciliation certificate, for chapter 13, part 9, division 2A, see rule 522B.

condition ...

conduct money means a sum of money or its equivalent that is sufficient to meet a reasonable estimate of the following allowances under the Uniform Civil Procedure (Fees) Regulation 2019, part 3, division 2—

(a)an accommodation allowance;

(b)a travelling allowance.

contested proceeding, for chapter 15, part 8, see rule 629.

costs assessment see rule 679.

costs assessor—

(a)for chapter 15, parts 10 and 11, see rule 644; or

(b)for chapter 17A, see rule 679.

costs of the proceeding, for chapter 17A, see rule 679.

costs statement see rule 679.

court-appointed expert, for chapter 11, part 5, see rule 429R(1).

decision without an oral hearing, for chapter 13, part 6, see rule 487.

de facto spouse ...

defence includes an answer to counterclaim.

defendant includes—

(a)a person who is served with a counterclaim; or

(b)a person who is served with a notice claiming a contribution or indemnity; or

(c)a third, fourth or subsequent party; or

(d)for chapter 4, part 7, division 3, see rule 130A; or

(e)for chapter 14, part 2, see rule 544.

district—

(a)for the Supreme Court—see the Supreme Court of Queensland Act 1991, section 57; or

(b)for the District Court—see the District Court of Queensland Act 1967; or

(c)for a Magistrates Court—see the Magistrates Courts Act 1921.

district registry ...

document, for chapter 7, part 1, see rule 208B.

document filed in a proceeding, for chapter 22, part 1, division 6, see rule 975G.

earnings, for chapter 19, see rule 793.

electronically means by electronic or computer-based means.

electronically file ...

electronic document ...

electronic enforcement hearings summons, for chapter 22, part 1, division 4, see rule 975B.

electronic enforcement warrant ...

electronic judgment ...

employer, for chapter 19, see rule 793.

employment claim, for chapter 13, part 9, division 2A, see rule 522B.

end of trial enforcement hearing, for chapter 19, part 2, see rule 805.

enforceable money order, for chapter 19, see rule 793.

enforcement creditor—

(a)for chapters 19 and 22, see rule 793; or

(b)for chapter 21, see rule 948.

enforcement debtor, for chapters 19 and 22, see rule 793.

enforcement officer ...

enforcement warrant—

(a)for chapter 19, see rule 793; or

(b)for chapter 20, see rule 890; or

(c)for chapter 21, see rule 948.

enforcement warrant for regular redirection, for chapter 19, part 5, division 2, see rule 848.

estate—

(a)for chapter 15 generally, see rule 596; and

(b)for chapter 15, parts 10 and 11, see rule 644.

estate account, for chapter 15, parts 10 and 11, see rule 644.

exempt property ...

expert, for chapter 11, part 5, see rule 425.

foreign grant, for chapter 15, part 5, see rule 615.

foreign judicial document, for chapter 4, part 7, division 3, see rule 130A.

forwarding authority, for chapter 4, part 7, division 3, see rule 130A.

fourth person, for chapter 19, part 5, division 2, see rule 847(1)(b).

grant—

(a)for chapter 15 generally, see rule 596; and

(b)for chapter 15, part 7, see rule 623.

Hague Convention, for chapter 4, part 7, division 3, see rule 130A.

Hague Convention country see rule 130A.

identity, of a prospective defendant, for chapter 7, part 1, see rule 208B.

imaged document, for chapter 22, part 1, see rule 959A.

initiating process, for chapter 4, part 7, division 3, see rule 130A.

instalment order, for chapter 19, see rule 868(1).

interest, in a managed investment scheme, see the Corporations Act, section 9.

interpret, for chapter 11, part 6, see rule 429VB.

interpleader order, for chapter 21, see rule 948.

inventory, for chapter 15, parts 10 and 11, see rule 644.

issued ...

itemised bill, for chapter 17A, see rule 679.

joint report, for chapter 11, part 5, see rule 428(1)(b).

judgment—

(a)for chapter 16, see rule 659; and

(b)for chapter 20A, see rule 947A.

judgment creditor, for chapter 20A, see rule 947A.

judgment debtor, for chapter 20A, see rule 947A.

jurat see rule 432(3) and (5).

land, for chapter 8, part 4, see rule 275.

limitation period means a limitation period under the Limitation of Actions Act 1974.

local judicial document, for chapter 4, part 7, division 3, see rule 130A.

minor claim—

(a)means a claim for an amount, including interest, of not more than $25,000, whether as a balance or after an admitted set-off, reduction by any amount paid by or credited to the defendant, abandonment of any excess, or otherwise; but

(b)does not include a claim for a liquidated demand mentioned in the QCAT Act, schedule 3, definition minor civil dispute, paragraph 1(a).

minor debt claim ...

money order ...

non-money order ...

notice to support a caveat, for chapter 15, part 7, see rule 623.

oath see the Acts Interpretation Act 1954, schedule 1.

offer, for chapter 9, part 5, see rule 352.

offer to settle ...

officer, of a corporation, includes a former officer of the corporation.

order, except for chapter 8, part 2, division 2, includes a judgment, direction, decision or determination of a court whether final or otherwise.

order debt, for chapters 19 and 22, see rule 793.

other language, for chapter 11, part 6, see rule 429VB.

part 2 order, for chapter 8, part 2, see rule 255A.

partner, for chapter 19, see rule 793.

partnership see the Partnership Act 1891.

party—

(a)for chapter 15, parts 10 and 11, see rule 644; and

(b)for chapter 17A, see rule 679.

person under a legal incapacity ...

person with impaired capacity ...

physical document, for chapter 22, part 1, see rule 959A.

plaintiff includes a party who files—

(a)a counterclaim; or

(b)a third party notice or a notice joining a fourth or subsequent party; or

(c)a notice claiming a contribution or indemnity.

pleading means—

(a)for a plaintiff—a concise statement in a claim of the material facts on which the plaintiff relies; or

(b)for a defendant—the defence stated in a notice of intention to defend or a defence;

and includes a joinder of issue and an affidavit ordered to stand as a pleading.

prescribed interest ...

principal registrar—

(a)of a Magistrates Court—means the principal clerk of courts appointed under the Justices Act 1886, section 22D(1); or

(b)of the District Court—means the principal registrar of the District Court appointed under the District Court of Queensland Act 1967, section 36(1); or

(c)of the Supreme Court—means the principal registrar of the Supreme Court appointed under the Supreme Court of Queensland Act 1991, section 69(1).

proceeding, for chapter 9, part 5, see rule 352.

property, for chapter 21, see rule 948.

prospective defendant, in relation to an applicant, for chapter 7, part 1, see rule 208B.

public trustee, for chapter 15, see rule 596.

question, for chapter 13, part 5, see rule 482.

recognised agency, for chapter 11, part 6, see rule 429VB.

referee’s report see rule 501(1)(b).

referred dispute, for chapter 9, part 4, see rule 313.

registrar—

(a)for chapter 4, part 7, division 3, see rule 130A; and

(b)for chapter 9, part 4, see rule 313; and

(c)for chapter 13, part 9, division 2A, see rule 522B; and

(d)for schedules 1 and 2, means—

(i)an assessing registrar within the meaning of rule 679; or

(ii)a costs assessor appointed under rule 743L; and

(e)otherwise, for a court, includes a deputy registrar of the court or person other than the registrar who discharges the duties and performs the functions conferred on the registrar under these rules.

regular debt, for chapter 19, part 5, division 2, see rule 848(3).

regular deposit, for chapter 19, part 5, division 2, see rule 847(1)(b).

relevant application, for chapter 12, see rule 449.

relevant court, for chapter 17A, part 4, see rule 743.

report, for chapter 11, part 5, see rule 425.

request for service abroad, for chapter 4, part 7, division 3, see rule 130A.

request for service in Queensland, for chapter 4, part 7, division 3, see rule 130A.

respondent—

(a)for chapter 14, part 5, see rule 586; or

(b)for chapter 20, part 7, see rule 921.

review application, for chapter 14, part 4, see rule 564.

script, for chapter 15, part 8, see rule 629.

sealed copy means a copy stamped with the seal of the court.

seize, for real property, includes seize under rule 828(5).

senior judicial officer ...

service provider, for chapter 22, part 1, see rule 959B.

set aside means—

(a)for a document—the document can not be relied on in a proceeding; or

(b)for anything else—the thing stops having effect.

sight translate, for chapter 11, part 6, see rule 429VB.

sign, a document, for chapter 11, part 7, see rule 429W.

simplified procedures for Magistrates Courts, see rule 515(1).

spouse, for chapter 15, see rule 596.

stakeholder, for chapter 21, see rule 948.

stamp, in relation to a court seal, includes electronically stamp.

subpoena for production means a subpoena for the person specified to produce a document or thing.

subpoena for production and to give evidence means a subpoena for the person specified to produce a document or thing and give evidence.

subpoena to give evidence means a subpoena for the person specified to give evidence.

swear see the Acts Interpretation Act 1954, schedule 1.

the Act, for chapter 13, part 9, division 2A, see rule 522B.

the Act, for chapter 14, part 4, see rule 564.

the court—

(a)for chapter 20A, part 2, see rule 947C; and

(b)otherwise, see rule 3(2).

third person—

(a)for chapter 19 generally, see rule 793; or

(b)for chapter 19, part 5, division 2, see rule 847(1)(a).

translate, for chapter 11, part 6, see rule 429VB.

trustee—

(a)for chapter 15, parts 10 and 11, see rule 644; or

(b)for chapter 17A, see rule 679.

whereabouts, of a prospective defendant, for chapter 7, part 1, see rule 208B.

will, for chapter 15, see rule 596.

witness, an affidavit, for chapter 11, part 7, see rule 429W.

writ of habeas corpus, for chapter 14, part 5, see rule 586.

wrongful death proceeding means a proceeding under the Civil Proceedings Act 2011, part 10.

young person ...