Section 743U — [Expired] — Uniform Civil Procedure Rules 1999 (Queensland) — Barrister AI

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Section 743U — [Expired] — Uniform Civil Procedure Rules 1999 (Queensland) — Barrister AI

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reg 1Short title reg 2Commencement reg 3Application reg 4Dictionary reg 5Philosophy—overriding obligations of parties and court reg 6Names of all parties to be used reg 7Extending and shortening time reg 8Starting proceedings reg 9Claim compulsory reg 10Application compulsory reg 11Application permitted reg 12Oral application permitted reg 13Proceeding incorrectly started by claim reg 14Proceeding incorrectly started by application reg 15Registrar may refer issue of originating process to court reg 16Setting aside originating process reg 17Contact details and address for service reg 18Representative details required reg 19Originating process must be signed reg 20Copy of originating process for court reg 21Application of pt 3 reg 22Claim reg 23Claim must include statement about filing notice of intention to defend claim reg 24Duration and renewal of claim reg 25Application of pt 4 reg 26Content of application reg 27Service of application reg 28Service of affidavit in support of application reg 29Notice of address for service reg 30Consent adjournment reg 31Applications in a proceeding reg 32Oral applications reg 33Central registry reg 34Application of div 2 reg 35General rule reg 36Application of div 3 reg 37Extended area of Magistrates Courts districts reg 38Objection to venue reg 39Change of venue by court order reg 40Change of venue by agreement reg 41Consequences of transfer reg 42[Repealed]reg 43[Repealed]reg 44[Repealed]reg 45[Repealed]reg 46[Repealed]reg 47[Repealed]reg 48[Repealed]reg 49[Repealed]reg 50Applications heard at a different location reg 51Definitions for pt 7 reg 52Application of pt 7 reg 53Starting proceedings reg 54Special federal matters reg 55Service reg 56Directions reg 57Transfer of proceedings reg 58Transfer on Attorney-General’s application reg 59Transfer to court if no proceeding pending reg 60Inclusion of several causes of action in a proceeding reg 61Application of div 2 reg 62Necessary parties reg 63Joint entitlement reg 64Joint or several liability reg 65Inclusion of multiple parties in a proceeding reg 66Identical interest in relief unnecessary reg 67Parties incorrectly included or not included reg 68Inconvenient inclusion of cause of action or party reg 69Including, substituting or removing party reg 70Procedure for inclusion of party reg 71Defendant or respondent dead at start of proceeding reg 72Party becomes bankrupt, person with impaired capacity or dies during proceeding reg 73No substitution order after death of plaintiff or applicant reg 74Amendment of proceedings after change of party reg 74AApplication of division reg 75Representative party reg 76Order for representation reg 77Enforcement of order against representative party reg 77AApplication of division reg 77BStarting representative proceeding reg 77CRequirements for giving consent to be group member reg 77DRequirements for giving notice to opt out of representative proceeding reg 77ERepresentative party must give list of opt-out group members reg 77FRequirements for particular applications in representative proceedings reg 78Consolidation of proceedings reg 79Sequence of hearings reg 80Directions reg 81Variation of order reg 82Meaning of partnership proceedingreg 83Proceeding in partnership name reg 84Disclosure of partners’ names reg 85Notice of intention to defend reg 86Person improperly served as partner reg 87Defence reg 88Enforcement against individual partner reg 89Proceeding if registered business name reg 90Proceeding in business name if unregistered reg 91Notice of intention to defend reg 92Amendment as to parties reg 93Litigation guardian of person under a legal incapacity reg 94Who may be a litigation guardian reg 95Appointment of litigation guardian reg 96No notice of intention to defend by person under a legal incapacity reg 97Disclosure reg 98Settlements and compromises reg 99Proceedings by and against prisoners reg 100Definitions for ch 4 reg 101Service not allowed on certain days reg 102Approved document exchanges reg 103Service after 4.00p.m.reg 104Application of pt 2 reg 105Personal service for originating process reg 106How personal service is performed reg 107Personal service—corporations reg 108Personal service—young people reg 109Personal service—persons with impaired capacity reg 110Personal service—prisoners reg 111Personal service in Magistrates Courts proceedings reg 112How ordinary service is performed reg 113Service in relation to a business reg 114Service in relation to a partnership reg 115Acceptance of service reg 116Substituted service reg 117Informal service reg 118Service on agent reg 119Service under contract reg 120Affidavit of service reg 121Identity of person served reg 122Special requirements for service by fax reg 123Service outside Queensland reg 123ADefinition for division reg 124Application of subdivision reg 125When service allowed without leave reg 126When service allowed with leave reg 127Court’s discretion whether to assume jurisdiction reg 128Notice to person served outside Australia reg 129Time for notice of intention to defend reg 129AService of application and accompanying documents reg 129BLeave to proceed if no notice filed by person reg 129CService of other documents outside Australia reg 129DMode of service reg 129EApplication of subdivision reg 129FWhen service allowed without leave reg 129GWhen service allowed with leave reg 129HApplication of rr 127–129D reg 130Service in convention countries

Subdivision 1 — Preliminary347

Part 4 — Subpoenas360

Part 2 — Costs of a proceeding26

Part 3 — Assessment of costs other than under the Legal Profession Act 200741

Part 4 — Assessment of costs under the Legal Profession Act 200710

Part 5 — Costs assessors

reg 743JEligibility reg 743KApplication reg 743LAppointment reg 743MOngoing disclosure of adverse matters and updated details reg 743NList of costs assessors reg 743OCharges for costs assessments reg 743PEnding an appointment by request reg 743QEnding an appointment for sufficient reason reg 743REffect of ending of appointment or notice about possible ending of appointment reg 743SOld basis for taxing costs equates to new basis for assessing costs reg 743T[Expired]reg 743U[Expired]reg 743V[Expired]reg 743W[Expired]reg 744Definition for pt 1 reg 745Application of pt 1 reg 746Starting appeal or making application for new trial reg 747Content of notice of appeal reg 748Time for appealing reg 749Parties to appeal reg 750Inclusion, removal or substitution of party reg 751Amendment of notice of appeal reg 752Service reg 753Directions conference with registrar reg 754Cross appeals reg 755Notice of cross appeal reg 756Effect of notice of cross appeal reg 757Affirmation on other ground reg 758Appeal book reg 759Registry preparation of appeal book reg 760Setting a date for appeal reg 761Stay of decision under appeal reg 762Dismissal by consent reg 763Appeals from refusal of applications made in the absence of parties reg 764Consent orders on appeal reg 765Nature of appeal and application for new trial reg 766General powers reg 767Exercise of certain powers by judge of appeal reg 768Matter happening in other court reg 769Insufficient material reg 770New trial reg 771Assessment of costs of appeals reg 772Security for costs of appeal reg 773Way security for costs of appeal to be given reg 774Effect of failure to give security for costs of appeal reg 775Effect of failure to prosecute appeal reg 776Appeals from outside Brisbane reg 777Registrar may publish certain decision reg 778Application in appeal or case stated reg 779Procedure reg 780Documents for application reg 781Form and contents of case stated reg 782Application of pt 3 reg 783Procedure for appeals to District Court from Magistrates Court reg 784Procedure for appeals to a court from other entities reg 785Application of rules to appeals and cases stated under this part reg 786Notice of appeal reg 787Procedure for hearing appeal under r 786 reg 788Consent order reg 789Registrar may give directions reg 790Preparation for hearing reg 791Rehearing after decision of judicial registrar or registrar reg 792Leave to appeal reg 793Definitions for ch 19 reg 794Enforcement of money orders reg 795Enforcement by or against a non-party reg 796Conditional order reg 797Amount recoverable from enforcement reg 798Separate enforcement for costs reg 799Enforcement period reg 800Stay of enforcement reg 801Where to enforce money order reg 802Enforcing money order in different court reg 803Purpose of enforcement hearing reg 804When an enforcement hearing may take place reg 805Application for end of trial enforcement hearing reg 806Outcome of application for end of trial enforcement hearing reg 807Statement of financial position reg 808Enforcement hearing after money order is made reg 809Person to whom enforcement hearing summons may be directed and service reg 810Location for enforcement hearing reg 811Conduct money reg 812Subpoena reg 813Enforcement hearing reg 814Orders at enforcement hearing reg 815Failure or refusal in relation to statement of financial position or enforcement hearing reg 816Enforcement hearing warrant reg 817Procedure reg 818Deceased enforcement debtor reg 819Application to set aside enforcement reg 820Issue and enforcement of enforcement warrant reg 821Renewal of enforcement warrant reg 822Return of particular enforcement warrant reg 823Priority of enforcement warrants reg 824Enforcement throughout Queensland reg 825Concurrent enforcement warrants—Magistrates Court reg 826Enforcement beyond the district reg 827Cross orders reg 828Seizure of property under enforcement warrant reg 829Order of selling property reg 830Payment by enforcement debtor before sale reg 831Storage before sale reg 832Nature of sale reg 833Sale at best price obtainable reg 834Advertising reg 835Postponement of sale reg 836Accountability for, and distribution of, money received reg 837Reserve price provisions reg 838[Repealed]reg 839Application of pt 5 reg 840Debts that may be redirected under enforcement warrant reg 841Attendance of, or information about, the enforcement debtor reg 842When debt redirected under enforcement warrant reg 843Payment to enforcement debtor despite redirection reg 844Third person disputes liability reg 845Claim by other person reg 846Discharge of the third person reg 847Application of div 2 reg 848Procedure for issue of enforcement warrant for regular redirection reg 849Content of enforcement warrant for regular redirection reg 850Service of enforcement warrant for regular redirection reg 851Financial institution to make payments reg 852Enforcement debtor not to defeat enforcement warrant reg 853No other enforcement while regular redirection reg 854Setting aside, suspending or varying enforcement warrant for regular redirection reg 855General reg 856Procedure for issue of enforcement warrant redirecting earnings reg 857Attendance of, or information about, the enforcement debtor reg 858Content of enforcement warrant redirecting earnings reg 859Service of enforcement warrant redirecting earnings reg 860Employer to make payments reg 861No enforcement while redirection of earnings reg 862Setting aside, suspending or varying enforcement warrant redirecting earnings reg 863Cessation of enforcement warrant redirecting earnings reg 864Two or more warrants redirecting earnings in force reg 865Person served is not enforcement debtor’s employer reg 866Person ceases to be enforcement debtor’s employer reg 867Directions reg 868Order may authorise payment by instalments reg 869Prerequisites for instalment order reg 870No enforcement warrant to issue while instalment order reg 871Discharge or variation of instalment order reg 872Cessation of instalment order reg 873[Repealed]reg 874[Repealed]reg 875Issue of warrant reg 876Effect of warrant reg 877Enforcement debtor dealing with charged property reg 878Issuer dealing with charged property reg 879Application to enforce charge reg 880Partnership property reg 881Money in court reg 882Stop orders on money and securities in court reg 883Application of pt 10 reg 884General provisions relating to receivers apply reg 885Enforcement of a money order reg 886Relevant considerations for appointment reg 887Inquiry reg 888Receiver’s powers reg 889Return of enforcement warrant reg 890Definition for ch 20 reg 891Enforcement of non-money orders reg 892Enforcement by or against a non-party reg 893Amount recoverable from enforcement reg 894Enforcement period reg 895Stay of enforcement reg 896Order for possession of land reg 897[Repealed]reg 898Order to perform or abstain from an act reg 899Substituted performance reg 900Undertakings reg 901[Repealed]reg 902[Repealed]reg 903[Repealed]reg 904Prerequisite to enforcement by contempt or seizing property reg 905Conditional order reg 906Procedure reg 907Application to set aside enforcement reg 908Issue and enforcement of enforcement warrant reg 909Renewal of enforcement warrant reg 910Return of enforcement warrant reg 911Priority of enforcement warrants reg 912Enforcement throughout Queensland reg 913Prerequisites to enforcement warrant for possession reg 914Procedure reg 915Enforcement warrant for possession reg 916Enforcement warrant for seizure and delivery of goods reg 917Property that may be seized under enforcement warrant reg 918Prerequisite for enforcement warrant authorising seizure and detention of property reg 919Enforcement against officer of corporation reg 920Return of seized property reg 921Definition for pt 7 reg 922Arrest reg 923Custody reg 924Hearing reg 925Application of div 3 reg 926Procedure under div 3 reg 927Arrest reg 928Application by registrar reg 929Warrant reg 930Punishment reg 931Imprisonment reg 932Costs reg 933Constitution of court reg 934Application reg 935Issue of warrant for defendant’s arrest reg 936Enforcement of warrant for defendant’s arrest reg 937Costs of enforcement reg 938Service of warrant and claim reg 939Record of enforcement reg 940Procedure after arrest reg 941Release of defendant reg 942Court powers reg 943Failure to comply with conditions reg 944Review reg 945Restriction on further applications reg 946Costs reg 947Return of enforcement warrant reg 947ADefinitions for ch 20A reg 947BApplication of rules and practices of court reg 947CDefinition for pt 2 reg 947DApplication for registration of judgment reg 947EEvidence in support of application reg 947FSecurity for costs of application reg 947GOrder for registration reg 947HRegister of judgments reg 947IRegistration of judgments reg 947JNotice of registration reg 947KDetails of service to be written on notice reg 947LApplication to set aside registration of judgment reg 947MEnforcement of judgment reg 947NCertificate of judgment reg 948Definitions for ch 21 reg 949Stakeholder’s interpleader reg 950Enforcement officer’s interpleader reg 951Failure to give notice of claim reg 952Notice to enforcement creditor reg 953Admission of claim reg 954Enforcement officer’s interpleader application reg 955Action against enforcement officer or enforcement creditor reg 956Default by claimant reg 957Neutrality of applicant reg 958Trial reg 959Disposal of money in court reg 959ADefinitions for part reg 959BService providers reg 960Application of div 1 reg 961Layout reg 962Figures may be used reg 963Alterations to documents other than affidavits and statutory declarations reg 963AAlterations to statutory declarations reg 964Serial number reg 965Copies reg 966Giving copies to other parties reg 967How documents may be filed reg 967AFiling of affidavits and statutory declarations made using counterparts reg 968Filing documents personally reg 969Filing documents by post reg 969AElectronically filing documents reg 970Affidavit of debt by post reg 971[Repealed]reg 972Court fees if state-related party reg 973Scandalous material reg 974Form of notices reg 975Use of approved forms reg 975AApplication of particular provisions to electronically filed documents reg 975BRetention and status of document electronically filed reg 975CElectronic filing of affidavits and statutory declarations reg 975DParticular affidavits and statutory declarations taken to be filed reg 975EApprovals of principal registrar reg 975FMinimum period for retention of original physical version—Oaths Act 1867, s 31Y reg 975GDefinition for division reg 975HInspection and copying of documents filed in proceedings reg 975IApplication for order permitting inspection of particular documents filed in proceedings reg 975J[Repealed]reg 975K[Repealed]reg 975L[Repealed]reg 975M[Repealed]reg 976Office hours reg 977Registrar to keep records reg 978Issue of documents reg 978AIssuing documents electronically reg 979Issue of commissions reg 980[Repealed]reg 981[Repealed]reg 982Referral to judge or magistrate reg 983Admiralty reg 984Clerks reg 984ADisposal of exhibits reg 985Solicitor’s act reg 986Change between acting personally and acting by solicitor reg 987Change of solicitor reg 988Removal of solicitor by court reg 989Solicitor struck off or suspended reg 990Application for leave to withdraw as solicitor reg 991Leave to withdraw as solicitor reg 992Effect of leave to withdraw as solicitor reg 993Withdrawal of town agent reg 994Crown solicitor etc.reg 995Rules for proceedings under Corporations Act, Cross-Border Insolvency Act 2008 (Cwlth) or ASIC Act reg 996Transitional provision reg 997Transitional provision reg 998Proceeding for claim started reg 999Transitional provision reg 1000Transitional provision reg 1001Transitional provision reg 1002Existing service providers reg 1003Costs in relation to offers to settle reg 1.1Short title reg 1.2Notes in text reg 1.3Application of these rules and other rules of the court reg 1.4Expressions used in Corporations Act reg 1.5Definitions for these rules reg 1.6References to rules and forms reg 1.7Substantial compliance with forms reg 1.8Court’s power to give directions reg 1.9Calculation of time reg 1.10Extension and abridgement of time reg 2.1Title of documents in a proceeding—form 1 reg 2.2Originating application and interlocutory application—forms 2 and 3 reg 2.3Fixing of hearing reg 2.4Supporting affidavits reg 2.4AApplication for order setting aside statutory demand (Corporations Act, s 459G)reg 2.5Affidavits made by creditors reg 2.6Form of affidavits reg 2.7Service of originating application or interlocutory application and supporting affidavit reg 2.8Notice of certain applications to be given to ASIC reg 2.9Notice of appearance (Corporations Act, s 465C)—form 4 reg 2.10Intervention in proceeding by ASIC (Corporations Act, s 1330)—form 5 reg 2.11[Repealed]reg 2.12Proof of publication reg 2.13Leave to creditor, contributory, officer or interested person to be heard reg 2.14Inquiry in relation to corporation’s debts etc.reg 2.15Meetings ordered by the court reg 3.1Application of pt 3 reg 3.2Nomination of chairperson for meeting reg 3.3Order for meetings to identify proposed scheme reg 3.4Notice of hearing (Corporations Act, ss 411(4) and 413(1))—form 6 reg 3.5Copy of order approving compromise or arrangement to be lodged with ASIC reg 4.1Inquiry into conduct of controller (Corporations Act, s 423)reg 4.2Order or inquiry in relation to registered liquidator or external administration of company reg 5.1Application of pt 5 reg 5.2Affidavit accompanying statutory demand (Corporations Act, s 459E(3))—form 7 reg 5.3Application for leave to apply for winding up in insolvency (Corporations Act, s 459P(2))reg 5.4Affidavit in support of application for winding up (Corporations Act, ss 459P, 462 and 464)reg 5.5Consent of liquidator (Corporations Act, s 532(9))—form 8 reg 5.6Notice of application for winding up—form 9 reg 5.7Applicant to make copies of documents available reg 5.8Discontinuance of application for winding up reg 5.9Appearance before registrar reg 5.10Order substituting applicant in application for winding up (Corporations Act, s 465B)—form 10 reg 5.11Notice of winding up order and appointment of liquidator—form 11

Part 6 — Provisional liquidators (Corporations Act, part 5.4B)61

Part 1A — Insolvency Practice Schedule (Corporations) or rules in sch 1A

Part 1 — Corporations Act or rules in sch 1A1

Part 2 — ASIC Act or rules in sch 1A16

Schedule 1 — Scale of costs—Supreme Court and District Court2

Schedule 3 — Dictionary0

Section Whole Act

Back948 / 1376Forward

743U

[Expired]

Expired

Part 5—Costs assessors

743U [Expired]

r 743U ins 2007 SL No. 315 s 10

exp 10 December 2008 (see r 743W)

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