Matter and time period

Rule

CHAPTER 2 – Initiating Proceedings

Claim

Remains in force for 1 year starting on the day it is filed.

24(1)

If unsuccessful efforts have been made to serve the defendant the Claim may be renewed for periods no longer than 1 year, starting on the day after the Claim would have otherwise ended.

24(2)

Application

Must be filed and served on each respondent at least 3 business days before the Application hearing date.

27(1)

The above time limit does not apply if:

·        the UCPR, an Act or another law permits the Application to be heard without being served; (27(2)(a)); or

·        the applicant proposes in the Application that it be decided without a hearing; (27(2)(b)); or

·        another time is provided for under the UCPR or an Act: (27(2)(c)).

27(2)

Affidavit in Support of Application

Must be filed and served on each respondent at least 3 business days before the Application hearing date.

28(1)

Court may give leave for an Affidavit not served as required to be relied on at the hearing.

28(2)

Application in a Proceeding

The Application must be filed and served on each respondent at least 2 business days before the Application hearing date.

31(5)

Directions

If the plaintiff is required to make an Application for Directions, they must make and serve the Application within 7 days of being served the first Notice of Intention to Defend.

56(2)

If the defendant is required to make an Application for Directions, they must make and serve the application within 7 days after the service of process invoking cross-vesting laws.

56(3)

If proceedings are transferred to another Court, the party who started the proceedings must make and serve the Application for Directions. This Application must be made within 14 days after the date of the Order to transfer.

56(4)

CHAPTER 3 – Parties and Proceedings

Amendment of Proceedings after Change of Party

If an Order is made which either changes, affects the identity of, or designates a party, the plaintiff or the applicant must:

·         file an amended Originating Process within the timeframes specified in the Order or 10 days after the Order is made (if no time is specified) (74(1)(a)); and

·         serve an amended Originating Process on any new party within the timeframe specified in the Order: (74(1)(b)); and

·         if the Order substituted a person as defendant or respondent, the applicant must serve a copy of the Order on every continuing party within 10 days of the Order being made: (74(3)).

74(1)

Disclosure of Partners’ Names

When a written Notice is served by a party to give the names and/or the addresses of partners, the Notice must state a time not less than 2 business days for compliance with the Notice.

84(2)

CHAPTER 4 – Service

Service not allowed on certain days

A document served after 4pm is taken to have been served on the next business day.

103

Service on Agent

The party serving the Originating Process on the agent must immediately send to the principal a copy of the Order and Originating Process.

118(3)

Service in Convention Countries

If an undertaking is given under subrule (2) but the expenses are not paid within 7 days, the court may order the expenses be paid or the proceedings to be stayed until the expenses are paid.

130(7)

CHAPTER 5 – Notice of Intention to Defend

Time for Notice of Intention to Defend

In proceedings started by Claim, the Notice of Intention to Defend must be filed within 28 days after the Claim is served.

137(1)

However, if the Service & Execution of Process Act 1992 (Cth) applies, the Notice of Intention to Defend must be filed within the time set out by that Act.

137(2)

Service of Notice

A copy of the Notice of Intention to Defend must be served on the day it is filed, or as soon as practicable.

142(a)-(b)

Conditional Notice of Intention to Defend

If a defendant files a Conditional Notice of Intention to Defend, they must apply for an order under rule 16 within 14 days of filing the Conditional Notice of Intention to Defend.

144(3)

If a defendant does not comply with subrule (3), the Conditional Notice of Intention to Defend becomes unconditional.

144(4)

Within 7 days of the Conditional Notice of Intention to Defend becoming unconditional, the defendant must file a Defence.

144(5)

CHAPTER 6 – Pleadings

Judgment Pleaded

A party pleading a Judgment must deliver a copy of the Judgment within 10 days of another party requesting it.

148(2)

Time for Servicing Answer to Counterclaim & Reply

Unless a Court orders otherwise, any Answer to a Counterclaim must be filed and served within:

·         14 days after serving the Counterclaim (164(1)(a)); or

·         If a defendant to a Counterclaim is not a party to the original proceeding, 28 days after service of the Defence or Counterclaim: (164(1)(b)).

164(1)

Unless a Court orders otherwise, any reply must be filed and served within 14 days of service of the Defence or Answer to the Counterclaim.

164(2)

Close of Pleadings

The Pleadings close 14 days after service of the Defence.

169(b)

Notice to Admit Facts or Documents

If the other party does not, within 14 days, serve a Notice on the first party disputing a fact or the authenticity of documents, the other party is taken to admit the fact or the authenticity of the documents.

189(2)

Filing Third Party Notice

A Third Party Notice must be filed within 28 days after the latest of either:

·         the time limited for filing the Defence of the defendant who makes the Third Party Claim (the “prescribed period”) (194(1)(b)(i)); or

·         if the plaintiff agrees to an extension of the “prescribed period”, the period agreed to (194(1)(b)(ii)).

194(1)(b)

Third Party Defence

A Third Party may file and serve a Defence within 28 days after being served with a Statement of Claim.

198(1)

CHAPTER 7 – Disclosure

Privilege Claim

A party making a claim of privilege must, within 7 days after the challenge, file and serve an Affidavit stating the claim of privilege on the other party.

213(2)

Disclosure by Delivery of List of Documents & Copies

Times for deliveries:

·         if an Order for disclosure is made before the close of Pleadings – the time stated in the Order (214(2)(a));

·         if an Application for a  summary decision is made within 28 days after the close of Pleadings and the proceeding is not disposed of when the Application is decided – 28 days after the decision (214(2)(b));

·         otherwise – 28 days after the close of Pleadings (214(2)(c));

·         when any further Pleading or amended Pleading is delivered (214(2)(d));

·         if it is the first occasion that a document comes into the possession or under the control of a party and it happens after a time mentioned in  paragraph (a) to (c) – within 7 days after that occasion (214(2)(e)); and

·         if a party is asked in writing to deliver a copy of a document – within 28 days after the request (214(2)(f)).

214(2)

Notice Requiring Non-party Disclosure

Applicant may by Notice of Non-Party Disclosure require a Non-Party respondent to produce within 14 days after service, a document:

·         directly relevant to an allegation in issue( 242(1)(a)); and

·         in the possession of the respondent (242(1)(b)); and

·         that the respondent could be required to produce at trial (242(1)(c)).

242(1)

The respondent must comply with the Notice of Non-Party Disclosure but not before the end of 7 days after service of the Notice on the respondent.

242(3)

Form & Service of Notice

The Notice of Non-Party Disclosure must be served in the same way as a Claim and within 3 months of it being issued.

243(1)(e)

Others Affected by Notice

The applicant must, within 3 months after the issue of the Notice of Non-Party Disclosure, serve a copy on:

·         a non-party, about whom information is sought (244(1)(a)); and

·         if applicant knows the respondent does not own a document required to be produced – the owner of the document: (244(1)(b)).

244(1)

Objection to Disclosure

A person served with a Notice under rule 244 may object to the production of some or all of the documents required to be disclosed, within 7 days of being served.

245(1)

Court’s Decision about Objection

Within 7 days after the service of an objection under rule 245, the applicant may apply to the court for a decision about the objection.

247(1)

Costs of Production

Within 1 month after producing a document, the respondent must give the applicant written notice of the respondent’s costs and expenses of producing the document.

249(2)

Within 1 month after receiving written notice under subrule (2), the applicant may apply to the Registrar for an assessment of the costs and expenses under Chapter 17A.

249(3)

CHAPTER 8 – Preservation of Rights and Property

Accounts

A party who objects to the accounts may serve a written notice on the receiver requiring the receiver to file the accounts with the Court within 14 days after the notice is served.

270(4)(b)

Certificate of Result of Sale

Within 7 days after the day of settlement of sale, a person required to give a certificate under subrule (1) must file the certificate with the Court.

279(2)

Service

A party applying for judgment under this part must file and serve the respondent with the following documents within 8 days before the hearing:

·         the Application( 279(1)(a)); or

·         a copy of each Affidavit on which the applicant intends to rely (279(1)(b)).

279(1)

CHAPTER 9 – Ending Proceedings Early

Service

At least 4 days before the hearing, the respondent must file and serve a copy of any Affidavits being relied on.

296(2)

At least 2 days before the hearing, the applicant must file and serve a copy of any Affidavits in reply to respondent’s Affidavits (if any).

296(3)

Information to be given to Registrar by ADR Convenors & Venue Providers

If a person intends to change a fee notified to the Registrar, the person must give the Registrar notice of the change at least 4 weeks before the change takes effect.

317(3)

Registrar to give notice of proposed reference to ADR process

If the Court directs a Registrar to notify the parties that the dispute will be conducted through ADR (a Referral Notice), and either party lodges an Objection Notice in the Registry, the Objection Notice must be filed within 7 days after the party receives a Referral Notice.

319(1)-(2),

319(3)(b)

Proceedings referred to ADR process are stayed

If a dispute in the proceeding is referred to ADR, the dispute and the claims made within the dispute are stayed until 6 days after the report of the ADR convenor certifying the finish of the ADR process is filed with the Registrar.

321

Referral of dispute to appointed mediator

A Referral Order for mediator requires parties, if mediation not completed within 3 months of date of Referral Order, to provide report outlining circumstances.

323(1)(e)

When mediation must start & finish

A Mediator must aim to finish the mediation within 28 days after their appointment.

324

Referral of dispute to appointed case appraiser

A Referral Order for a Case Appraiser requires parties, if the Case Appraisal is not completed within 3 months of the date of the referring Order, to provide a report outlining the circumstances of the matter to the Registrar who may refer the matter to the Court for resolution.

334(1)(f)

Dissatisfied party may elect to continue

An Election to go to trial must be filed within 28 days after the Case Appraiser’s certificate is filed.

343(2)

Withdrawal or end of offer

Party must specify in an Offer to Settle, a period not less than 14 days after the day of service of the Offer where the Offer is open for acceptance and cannot be withdrawn.

355(1)

CHAPTER 10 – Court Supervision

Failure to comply with rules or order

A party entitled to the benefit of an Order may, by application, require a non-complying party to show cause why the Order should not be made, and must serve it 2 business days before the hearing.

374(3),

374(4)(c)

Disallowance of amendment

If party makes an amendment without leave before filing a request for trial date, another party may, within 8 days after service, apply to the Court to disallow the amendment.

379(1)

Failure to amend after order

An Order giving a party leave to amend a document ceases to have effect if the party has not amended the document in accordance with the time specified in the Order.  If no term is specified, it ceases to have effect at the end of 14 days after the Order is given.

381

Pleading to amendment

A Pleading or amendment must be served within the time the opposite party has to plead, or within 8 days – whichever is later.

385(2)

Continuation of proceeding after delay

If no step is taken in a proceeding for 1 year from the time the last step was taken, a party wanting to proceed must give 1 month’s notice to every party of their intention to proceed.

389(2)

CHAPTER 11 – Evidence

Plans, photographs, video or audio recordings & models

Unless Court orders otherwise, 7 days before hearing a party must give all parties the opportunity to:

·         inspect anything in subrule (1) or anything the party intends to tender (393(2)(a)); and

·         agree to admission without proof (393(2)(b)).

393(2)

Appointment for examination

An Examiner must notify the party who obtained the examination Order of the time and place 7 days before the time appointed for the examination.

398(3)

The party who obtained the examination Order must notify the person to be examined 3 days before the examination.

398(4)

If a person to be examined is not a party, the party who obtained the examination Order must serve that person with a Subpoena under part 492, 3 days before the examination.

398(5)

Production by non-party

The Subpoena must permit the person to produce, by the day before the first day on which attendance is required.

420(2)

Expert appointed by parties

A copy of the agreement to appoint an expert must be filed in the Court, and be immediately served on any other party to the proceeding who is not a party to the agreement.

429H(2)(b)-(c)

An expert report is taken to be disclosed if:

·         a copy given to each party mentioned in the report (429H(5)(a)); and

·         within 14 days after each party mentioned in the report receives a copy, each non-party must receive copy (429H(5)(b)).

429H(5)

Examination of person making affidavit

If an Affidavit for hearing is served more than 1 business day before the hearing and the party wishes the Affidavit-maker to attend Court for cross-examination, the party must serve a notice to that effect on the party on whose behalf the Affidavit is filed at least 1 business day before that person is required for cross-examination.

439(2)

If an Affidavit for hearing is served less than 2 business days before a hearing, the Affidavit-maker must attend Court to be available for cross-examination.

439(3)

Applicant’s letter to respondent

Before making an Application under rule 443, the applicant must write to the respondent specifying a time – at least 3 days after the date of letter – within which the respondent must reply to letter.

444(1)(e)

CHAPTER 12 – Jurisdiction of Judicial Registrar & Registrar

Decision

The Court must decide a relevant Application within 14 days after it starts to consider it.

459

CHAPTER 13 – Trials and Other Hearings

Decision on papers without oral hearing

Procedure for making application

Registrar must set a date for deciding an Application at least 10 days after the Application is expected to be served on the respondent.

490(2)

Respondent’s response

If the respondent wishes to present written submissions or evidence other than oral evidence, the respondent must file and serve the Response with accompanying material at least 3 days before the date set for deciding the application.

492(1)

Applicant’s reply

Unless the applicant files a Notice under rule 495(2), the applicant must file and serve a Reply to the Response at least 1 day before the date set for deciding the Application.

493

Respondent’s right to require oral hearing

The respondent must, within 3 days after being served with an Application:

·         file a Notice in approved form (494(2)(a)); and

·         serve a copy of the Notice on the applicant (494(2)(b)).

494(2)

After filing and serving the Notice, the respondent must file and serve material in response to the Application at least 3 days before the date for deciding the Application.

494(3)

Applicant’s right to abandon request for decision without an oral hearing

If the applicant requires an oral hearing, the applicant must, within 2 days after receiving the respondent’s material:

·         file a Notice in the approved form (495(2)(a)); and

·         serve a copy of the Notice on the respondent (495(2)(b)).

495(2)

Assessors and special referees

Special referee’s opinion

An Application for an Order or Judgment must be made with 7 days notice to other parties.

505

Employment claims

Notice to defend an employment claim must be filed within 28 days after the Conciliation Certificate is filed.

522H(3)

CHAPTER  14 – Particular Proceedings

Certificate as to account

The result of the taking of an Account is to be filed immediately after it is settled.

540(1)

A person interested in the Account may apply to have the Account set aside or varied within 7 days after the day Certificate was filed.

540(2)

A Certificate becomes binding at the end of 7 days after the day it was filed.

540(4)

A draft Certificate to be prepared on at least 7 days notice to all persons who appeared at the taking of the Account.

540(8)

Personal injury and fatal accidents

Statement of loss and damage

The plaintiff must serve the defendant within 28 days after the close of Pleadings.

547(1)

Statement of expert and economic evidence

The defendant must serve the plaintiff 28 days after being served with the plaintiff’s Statement of Loss and Damage, but before a Request for Trial Date is filed.

550(2)

Conference if personal injury damages claim

If a party who is given the Notice unreasonably neglects or refuses to attend a Conference, the Court may make an Order, without prejudice to another power or discretion of the Judge or Registrar, to require the party to pay the costs of the Application immediately.

553(3)

Assessment of damages (doesn’t apply to Magistrates Court)

The plaintiff must, at least 21 days before the date set for the assessment of damages, serve the defendant with the Statement of Loss and Damage.

558 (b)

The defendant intending to appear on the assessment of damages must serve the plaintiff with the Statement of Expert and Economic evidence 7 days before the date set for assessment.

558(4)

Moneys in Court – Defamation

Defendant’s payment into Court

The plaintiff has 14 days after the day of service of the Notice of Payment into Court, to accept the money by filing a Notice and serving on every defendant.

562(6)(a)-(b)

Costs

The plaintiff may, after 4 business days from payment have the costs incurred assessed.

563(2)

Judicial review

Service

The applicant must serve the other parties to the proceeding at least 14 days before the directions hearing, unless the Court shortens the time for service.

572

Application for dismissal or stay at directions hearing

A party may apply for an Order under part 1, division 3 or section 48 of the Judicial Review Act 1991 (Qld) at a directions hearing if an Application is served on other parties at least 3 business days before the directions hearing.

576

Application for costs order at directions hearing

An applicant may apply for an Order under section 49 of the Judicial Review Act 1991 (Qld) if an Application is served on the other parties at least 3 business days before the directions hearing.

578

Statements of reasons

The applicant must serve the Application and Affidavit on the respondent at least 7 days before the directions hearing.

583

CHAPTER  15 – Probate and letters of administration

Application for grant

At least 14 days before filing the Application, a person must give a Notice of Intention to Apply. The person must give the Public Trustee a copy of the notice 7 days before filing the Notice.

598

The Notice of Intention to Apply for a Grant must be published:

 (a) if the deceased’s last known address is more than 150km from Brisbane—in a local newspaper circulated and sold at least once each week in the area of the deceased’s last known address; or

(b) otherwise—in a newspaper circulating throughout the State or a newspaper approved for the area of the deceased’s last known address by the Chief Justice under a practice direction.

599(3)

Intestacy – letters of administration

The Court must not make a grant on an Intestacy within 30 days after the death of deceased, unless urgent circumstances justify making the Grant before the end of 30 days.

612

Caveats

Take effect on the date of filing and remain in force for 6 months, but may be renewed.

624

Nothing may be done on an Application to which a Caveat relates until at least 8 days after the Registrar has given notice (unless the Court authorises).

625(1)

If the Notice to support the Caveat is not filed within 8 days after service of the Notice under rule 625(2), the Registrar may consider the Application as if no Caveat had been filed.

625(6)

Affidavits

The Affidavit of a party who files a Notice of Intention to Defend and any script to be filed with it as an exhibit, must be filed within 8 days after the person files the Notice of Intention to Defend.

632(4)

Grants

If a Claim includes a claim for the revocation of a Grant (636(1)):

·         If the person to whom the Grant was made asks for it to be revoked, the Grant must be filed in the Court by the person within 7 days after filing the Claim (636(2));

·         However, if the Grant is in the possession or under the control of a defendant, the Grant must be filed in the Court within 14 days after the defendant is served with the Claim (636(3)).

636

Executors’ administrators’ and trustees’ accounts

Order requiring Account

Within 2 months after the date of service on the Executor or Administrator of a copy of an Order made under rule 644, the Executor or Administrator must—

(a) file the Accounts of the estate; and

(b) make an appointment with the Registrar to have the Account examined and passed; and

(c) attend the Appointment.

645(1)

Notice

If an Account is to be examined under rule 645, the Executor, Administrator, or Trustee must give notice that includes a statement that any interested party may, before a stated day at least 30 days after advertising, file a memorandum that they claim to be heard on the examination and passing of the Account or allowance of commission.

647(3)

CHAPTER  16 – Orders

Setting aside

The Court may vary or set aside an order before the filing of the order or, the end of 7 days after the making of the order, whichever is earliest.

667(1)

CHAPTER  17A – Costs

Assessment of costs other than under the Legal Profession Act 2007 (Qld)

Before application – objection to costs statements

A party on whom a Costs Statement is served may, within 21 days after being served, object to any item in the Statement by serving a Notice of Objection on the party serving the Statement.

706

Application for costs assessment

A person who has served a Costs Statement under rule 705 may, not less than 21 days after service of the Costs Statement, apply for a Costs Assessment.

710(1)

Service of Application

Within 7 days after filing an Application for a Costs Assessment, the applicant must serve a copy of the Application on the party liable to pay the costs.

711

Offer to settle costs

May be served at any time after the day liability for the costs accrues.

733(2)(c)

Certificate of assessment

Costs Assessor must file the Certificate of Assessment within 14 days of the end of the assessment, and a copy must be given to each of the parties.

·         This rule applies to transitional costs – see 743U, 743V and 743W for further details.

737(2)

Written reasons for decision

A party may make a written request to the Costs Assessor for reasons of any decision included in the Certificate within 14 days after receiving a copy of the Certificate

·         If the Costs Assessor receives such a request they must give written reasons within 21 days (738(2)(a));

·         This rule applies to transitional costs – see 743U, 743V and 743W for further details.

738(1)

After assessment – judgment for amount certified

An Order made by the Court is not enforceable until at least 14 days after it is made

·         This rule applies to transitional costs – see 743U, 743V and 743W for further details.

740(3)

Review by court

Applications to review a decision must be filed within 14 days of receiving the Certificate or reasons for the decision

·         A copy must be served by the applicant on all other parties to the assessment within 14 days after the Application is filed (742(4));

·         This rule applies to transitional costs – see 743U, 743V and 743W for further details.

742(2)

Assessment of costs under the Legal Profession Act 2007 (Qld)

Notice of application

After filing a Costs Assessment the applicant must within 7 days serve a copy of the Application on any person to whom notice must be given under the Legal Profession Act 2007 (Qld) (s339(1)).

·         If a person served under subrule (1) knows a third party payer should have been, but was not, served, the person must, within 14 days after being served, give the applicant written notice of that fact and the name and contact details for the third party payer (743D(2));

·         As soon as practicable, but no more than 14 days after receiving a notice under Subrule (2), the applicant must serve a copy of the Application on the third party payer (743D(3)).

743D

Costs assessors – costs other than under Legal Profession Act 2007

These appear to have expired but should we have a link to them just in case people are looking a matters during the time they were valid?

743U, 743V and 743W

CHAPTER  18 – Appellate proceedings

Appeals to the Court of Appeal – time for appealing

A Notice of Appeal must be filed within 28 days after the date of the relevant decision, unless the Court of Appeal orders otherwise.

748

Notice of cross appeal

Must be filed within 14 days after the day of service of the Notice of Appeal

·         As soon as practicable a copy must be served on all parties to the appeal (755(2)(b)).

755(2)(a)

Affirmation on other ground

Notice of Contention must be filed within 14 days after the day of service of the Notice of Appeal on the respondent

·         As soon as practicable, a copy of the Notice of Contention must be served on all other parties to the appeal (757(3)(b)).

757

Appeals from refusal of applications made in the absence of parties

Applications may be made at any sitting of the Court of Appeal held within 4 days after the day of the refusal, or for an Application refused by a Judge sitting in the central, northern or far northern district, 14 days after the day of refusal, or any further time the Court of Appeal may allow.

763

Procedure for appeals to a court from other entities

On the service of the copy of the Notice of Appeal, the person served with the copy must arrange to send immediately to the Registrar of the Court in which the appeal is started, copies of all documents.

784

Notice of appeal

Within 14 days after service on the respondent of the Notice of Appeal, the respondent, if the respondent wishes to participate in the Appeal, must file a Notice of Address for Service in the approved form and then serve a copy on the appellant.

786

Preparation for hearing

If the parties reach agreement as required under Rule 790 (1), the parties must immediately file a Certificate of Readiness in the approved form (790(2)).

·         If the parties cannot agree as required under Subrule (1), each party must immediately file a Certificate of Readiness in the approved form (790(3)).

790

CHAPTER 19 – Enforcement of money orders

Enforcement period

An enforcement creditor may start enforcement proceedings without leave at any time within 6 years after the day the Money Order was made

·         an Enforcement Creditor requires a Court’s leave to start enforcement proceedings if it is more than 6 years since the Money Order was made (799(2)(a)).

799

Stay of enforcement

The Application and Affidavit must be served personally on the Enforcement Creditor at least 3 business days before the hearing of the Application.

800(3)  

Person to whom Enforcement Hearing Summons may be directed, and service

Any other Enforcement Hearing Summons must be served on the person to whom it is directed personally or by prepaid ordinary post at least 14 days before the day set for the enforcement hearing.

808(3)

Requirements under enforcement hearing summons

The person to whom an Enforcement Hearing Summons is directed must forward their sworn statement to the Enforcement Creditor within 14 days after service of the Summons or before the day of the enforcement hearing, whichever happens first.

809(1)(c)

Subpoena

A person required to attend an enforcement hearing by Subpoena may be served with the Subpoena by ordinary service at least 14 days before the day set for the enforcement hearing.

810(2)

Enforcement warrants generally

Procedure

If the person applying for an Enforcement Warrant is an Enforcement Creditor, a statement must be filed, not earlier than 2 business days before the date of the Application disclosing the information set out in rule 817(1)(b).

817(1)(b)

Advertising

Before selling seized property, an Enforcement Officer must arrange advertisement of a notice giving the time and place of sale together with details of the property to be sold.  The Enforcement Officer must post the notice at the registry of the court in the district where the property is located, not less than 2 weeks, and no more than 4 weeks, before the date of sale. There are also requirements set out in rule 834(4) requiring the Enforcement Officer to advertise in the local newspaper.

834(4)

Service of Enforcement Warrant for regular redirection

The Enforcement Warrant does not come into force until the end of 7 days after the day on which the order is served on the financial institution.

850(2)

Financial institution to make payments

For each regular deposit into the Enforcement Debtor’s account while the Enforcement Warrant for regular redirection is in force, the financial institution—

·         within 2 business days after the deposit, must deduct from the account the amount specified in the Warrant and pay it to the person specified in the Warrant( 851(1)(a)).

851

Setting aside, suspending or varying Enforcement warrant for regular redirection

An Order setting aside, suspending or varying an Enforcement Warrant does not come into force until the end of 7 days after the day on which it is served on the financial institution.

854

Service of Enforcement Warrant redirecting earnings

The Enforcement Warrant does not come into force until the end of 7 days after the day on which the Order was served on the employer.

859

862(3)

Cessation of Enforcement Warrant redirecting earnings

If an Enforcement Warrant authorising the redirection of earnings ceases to have effect, the Enforcement Debtor’s employer does not incur any liability by treating the Warrant as still in force at any time within 7 days after the day on which a copy of an Order was served on the employer.

863(2)

Person ceases to be Enforcement Debtor’s employer

The person must, immediately after ceasing to be the Enforcement Debtor’s employer, give notice in the approved form mentioned in rule 859(2)(b) to the Registrar and the Enforcement Creditor.

866

Discharge or variation of instalment Order

An Order suspending or varying the Instalment Order does not come into force until the end of 7 days after the Order was made, or if the Order is required to be served under subrule (2), the last day on which the Order is served.

871(3)

Effect of Warrant

An Enforcement Creditor may not take proceedings to obtain a remedy in relation to particular charged property until—

·         the Enforcement Warrant imposing the charging Order is served on the Enforcement Debtor and the person who issued or administers the property (876(3)(a)); and

·          3 months has passed since the later service (876(3)(b)).

876

CHAPTER 20 – Enforcement of non-money orders

Enforcement period

A person entitled to enforce a non-money Order may start enforcement proceedings without leave at any time within 6 years after the day the Order was made.

894

Stay of enforcement

The Application and Affidavit must be served personally on the person entitled to enforce the Order at least 3 business days before the hearing of the Application.

895

Enforcement of particular non-money orders

Renewal of Enforcement Warrant

On an Application made to the Court before an Enforcement Warrant ends, the Court may renew the Warrant from time to time, for a period of not more than 1 year at any one time, from the date the Warrant ends.

909

Enforcement warrants for possession

Prerequisites to Enforcement Warrant for possession

Unless the Court otherwise orders, an Order for the possession of land may be enforced by an Enforcement Warrant under rule 915 only if the person against whom the order is to be enforced is served with a copy of the Order at least 7 days before the Warrant is issued.

913

Procedure

A person applying for an Enforcement Warrant under rule 915 must file an Affidavit stating whether to the best of the person’s knowledge a person other than the person liable under the Order is in occupation of the land under a lease or tenancy agreement (914(1)).

·         The Affidavit mentioned in subsection (1)(a) must be made not earlier than 2 business days before the date of the Application (914(3)).

914

Procedure after arrest

The person in charge of the prison must hold the defendant in custody and within 24 hours, or as soon as practicable afterwards, bring the defendant before the Court.

940

943(4)

Restrictions on further applications

Within 6 months of the Enforcement Warrant Order or the defendant’s release under the Release Order, the plaintiff may apply for another Warrant for the defendant’s arrest in relation to the same cause of action only if the plaintiff produces further evidence that was not and could not reasonably have been given when the Order was made.

945

CHAPTER 20A – Reciprocal enforcement of foreign judgments

Notice of registration

The Judgment Creditor under a registered Judgment must, within 28 days from registration of the Judgment or the period as extended by the Court, serve notice of registration of the Judgment on the Judgment Debtor.

947J

Details of service to be written on notice

A person who serves a Notice of registration of a Judgment on a Judgment Debtor must, within 3 days of service of the notice or the period as extended by the Court, write stipulated details on the duplicate notice, or a copy of the notice.

947K

CHAPTER 21 – Interpleader orders

Notice to Enforcement Creditor

Within 4 business days after being served with a Notice under rule 950, the Enforcement Officer must serve a copy of the notice on the Enforcement Creditor.

952

Enforcement Officer’s interpleader Application

If the Enforcement Creditor does not, within 4 business days after service of the Notice of Claim, serve on the Enforcement Officer a notice that the Enforcement Creditor admits the claim  the Court may, on application by the Enforcement Officer, grant interpleader relief to the Enforcement Officer by giving a direction or making 1 or more interpleader Orders.

954(1)-(2)

Chapter 22 – Documents, registry and solicitors

Affidavit of debt by post

Affidavit of debt by post may be relied on at the end of the 5^th business day after the day it is sworn.

970

Application for leave to withdraw as a solicitor

• A solicitor can only apply for leave to withdraw from a proceeding if a Notice is given to the client 7 days prior to the application (990(1)(a));
• The Notice may ask the client to find another solicitor within 7 days or file a notice for self-representation (990(1)(b));
• The Notice may specify that if the client does not do the above the solicitor will apply to the Court for leave to withdraw ( 990(1)(c)).

990

Withdrawal of town agent

A town agent must not withdraw from the record unless a Notice of Intention to Withdraw is given to the solicitor 7 days prior (992(2)(a)).

992

SCHEDULE 1A – Rules for proceedings under Corporations Act 2001 (Cth) or Australian Security and Investments Commission Act 2001 (Cth)

For additional requirements for corporations, see factsheet Time limits under the Uniform Civil Procedure Rules 1999 (Qld) – Additional Requirements for Corporations

PART 14 – Powers of Courts

Appeal from Act, omission or decision of Administrator, Receiver or  Liquidator etc

All appeals to the Court must be commenced by an Originating Application, or Interlocutory Application.

• Unless the Corporations Act 2001 (Cth) or the Corporations Regulations 2001 (Cth) otherwise provide, the Originating Application, or Interlocutory Application, must be filed:

(a) within 21 days after the act or omission, or decision appealed against; or

(b) any further time allowed by the Court.

The Court may extend the time for filing the Originating Application, or Interlocutory Application either before or after the time for filing expires, and whether or not the Application for extension is made before the time expires.

As soon as practicable after filing the Originating Application, or Interlocutory Application,  at least 5 days before the date fixed for hearing the person instituting the appeal must serve a copy of the Application and any supporting Affidavit on each person directly affected by the Appeal.

14.1

Powers of Registrars

An application for the review of a decision, direction or act of a Registrar made, given or done under this part, must be made

(a) within 21 days after the decision, direction or act complained of; or

(b) any further time allowed by the Court.

16.1