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Uniform Civil Procedure Rules 1999

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Uniform Civil Procedure Rules 1999 Queensland Supreme Court of Queensland Act 1991 Uniform Civil Procedure Rules 1999 Reprinted as in force on 10 December 2010 Reprint No. 7D This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy Information about this reprint These rules are reprinted as at 10 December 2010. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Also see list of legislation for any uncommenced amendments. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints. Spelling The spelling of certain words or phrases may be inconsistent in this reprint or with other reprints because of changes made in various editions of the Macquarie Dictionary (for example, in the dictionary, ‘lodgement’ has replaced ‘lodgment’). Variations of spelling will be updated in the next authorised reprint. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, authorised (that is, hard copy) and unauthorised (that is, electronic), are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If an authorised reprint is dated earlier than an unauthorised version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of an authorised reprint is the same as the date shown for an unauthorised version previously published, it merely means that the unauthorised version was published before the authorised version. Also, any revised edition of the previously published unauthorised version will have the same date as that version. Replacement reprint date If the date of an authorised reprint is the same as the date shown on another authorised reprint it means that one is the replacement of the other. Queensland Uniform Civil Procedure Rules 1999 Contents Page Chapter 1 Preliminary 1 Short title . 45 2 Commencement . 45 3 Application . 45 4 Dictionary . 46 5 Philosophy—overriding obligations of parties and court . 46 6 Names of all parties to be used . 46 7 Extending and shortening time. 47 Chapter 2 Starting proceedings Part 1 Starting proceedings 8 Starting proceedings . 47 9 Claim compulsory. 48 10 Application compulsory . 48 11 Application permitted . 48 12 Oral application permitted . 48 13 Proceeding incorrectly started by claim . 49 14 Proceeding incorrectly started by application. 49 15 Registrar may refer issue of originating process to court . 50 16 Setting aside originating process . 50 Part 2 Rules about originating process 17 Contact details and address for service . 51 18 Representative details required . 53 19 Originating process must be signed . 53 20 Copy of originating process for court . 53 Part 3 Claims 21 Application of pt 3. 53 22 Claim . 54 Uniform Civil Procedure Rules 1999 Contents 23 Claim must include statement about filing notice of intention to defend claim . 54 24 Duration and renewal of claim . 54 Part 4 Applications 25 Application of pt 4. 55 26 Content of application. 55 27 Service of application . 56 28 Service of affidavit in support of application. 57 29 Notice of address for service . 57 30 Consent adjournment. 58 Part 5 Applications in a proceeding 31 Applications in a proceeding . 58 32 Oral applications. 59 Part 6 Where to start a proceeding Division 1 Central registry 33 Central registry . 59 Division 2 Starting proceeding other than in central registry 34 Application of div 2 . 60 35 General rule . 60 Division 3 Magistrates Courts 36 Application of div 3 . 61 37 Extended area of Magistrates Courts districts . 61 38 Power to decide questions related to where to start proceeding . 62 39 Objection to court . 62 40 Change of venue by court order. 63 41 Change of venue by agreement . 63 42 Registrar to send documents to transferee court . 63 Division 4 District Court 43 Application of div 4 . 64 44 Objection to court . 64 45 Change of venue by court order. 65 Division 5 Supreme Court 46 Application of div 5 . 65 47 Proceedings in registries . 65 48 Objection to court . 66 49 Transfer of proceeding . 66 Page 2 Uniform Civil Procedure Rules 1999 Contents Division 6 Applications heard at a different location 50 Applications heard at a different location . 66 Part 7 Cross-vesting 51 Definitions for pt 7. 67 52 Application of pt 7. 67 53 Starting proceedings . 68 54 Special federal matters. 68 55 Service . 68 56 Directions . 69 57 Transfer of proceedings . 70 58 Transfer on Attorney-General’s application. 70 59 Transfer to court if no proceeding pending . 70 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 . 71 Division 2 Several parties 61 Application of div 2 . 72 62 Necessary parties . 72 63 Joint entitlement . 72 64 Joint or several liability . 73 65 Inclusion of multiple parties in a proceeding . 73 66 Identical interest in relief unnecessary . 74 67 Parties incorrectly included or not included . 74 Division 3 Reconstitution of proceeding 68 Inconvenient inclusion of cause of action or party . 74 69 Including, substituting or removing party . 75 70 Procedure for inclusion of party . 77 71 Defendant or respondent dead at start of proceeding . 77 72 Party becomes bankrupt, person with impaired capacity or dies during proceeding. 78 73 No substitution order after death of plaintiff or applicant . 79 74 Amendment of proceedings after change of party . 79 Division 4 Representative party 75 Representative party . 81 76 Order for representation . 81 Page 3 Uniform Civil Procedure Rules 1999 Contents 77 Enforcement of order against representative party . 81 Part 2 Multiple proceedings 78 Consolidation of proceedings . 82 79 Sequence of hearings . 82 80 Directions . 82 81 Variation of order . 82 Part 3 Partnerships and business names Division 1 Partnerships 82 Meaning of partnership proceeding . 83 83 Proceeding in partnership name . 83 84 Disclosure of partners’ names . 83 85 Notice of intention to defend. 84 86 Person improperly served as partner . 84 87 Defence . 85 88 Enforcement against individual partner . 85 Division 2 Business names 89 Proceeding if registered business name . 85 90 Proceeding.
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