Uniform Civil Procedure Rules 1999

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—

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

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

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

administration charge means—

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

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

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

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

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

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

applicant—

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

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

for chapter 15, part 7, see rule 623; or

for chapter 21, see rule 948.

application—

1 Each of the following is an application—

an application starting a proceeding;

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—

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

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

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—

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

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—

an accommodation allowance;

a travelling allowance.

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

costs assessment see rule 679.

costs assessor—

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

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 person who is served with a counterclaim; or

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

a third, fourth or subsequent party; or

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

for chapter 14, part 2, see rule 544.

district—

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

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

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—

for chapters 19 and 22, see rule 793; or

for chapter 21, see rule 948.

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

enforcement officer...

enforcement warrant—

for chapter 19, see rule 793; or

for chapter 20, see rule 890; or

for chapter 21, see rule 948.

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

estate—

for chapter 15 generally, see rule 596; and

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—

for chapter 15 generally, see rule 596; and

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—

for chapter 16, see rule 659; and

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—

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

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—

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

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 counterclaim; or

a third party notice or a notice joining a fourth or subsequent party; or

a notice claiming a contribution or indemnity.

pleading means—

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

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—

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

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

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—

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

for chapter 9, part 4, see rule 313; and

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

for schedules 1 and 2, means—

an assessing registrar within the meaning of rule 679; or

a costs assessor appointed under rule 743L; and

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—

for chapter 14, part 5, see rule 586; or

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—

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

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—

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

otherwise, see rule 3(2).

third person—

for chapter 19 generally, see rule 793; or

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

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

trustee—

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

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...