Whole Act
1,376 provisions in continuous reading order
Loading the complete Act…
These rules may be cited as the Uniform Civil Procedure Rules 1999.
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Magistrates Courts Rules 1960 expired at the end of 30 June 1999—Supreme Court of Queensland Act 1991, section 118B (repealed) and Acts Interpretation Act 1954, section 18.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.
Unless these rules otherwise expressly provide, these rules apply to civil proceedings in the following courts—
• the Supreme Court
• the District Court
• Magistrates Courts.
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.
The dictionary in schedule 3 defines terms used in these rules.
Words and expressions used in the Civil Proceedings Act 2011 have the same meaning in these rules as they have in that Act.
Subrule (2) does not apply to the extent that the context or subject matter otherwise indicates or requires.
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.
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.
In a proceeding in a court, a party impliedly undertakes to the court and to the other parties to proceed in an expeditious way.
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.
The following documents filed in a proceeding must include the names of all of the parties to the proceeding—
an originating process;
a document to be served on a person not a party to the proceeding;
a final order.
Other documents in a proceeding may include an abbreviation of the title of the proceeding sufficient to identify the proceeding.
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.
The court may, at any time, extend a time set under these rules or by order.
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).
A proceeding starts when the originating process is issued by the court.
These rules provide for the following types of originating process—
• claim
• application
• notice of appeal
• notice of appeal subject to leave.
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.
A proceeding must be started by claim unless these rules require or permit the proceeding to be started by application.
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—
the Act or rules do not state the type of originating process to be used; or
a type of originating process (other than a claim or application) is required or permitted under a law.
A proceeding may be started by application if—
the only or main issue in the proceeding is an issue of law and a substantial dispute of fact is unlikely; or
there is no opposing party to the proceeding or it is not intended to serve any person with the originating process; or
there is insufficient time to prepare a claim because of the urgent nature of the relief sought.
A court may allow a proceeding to be started by oral application by a counsel or solicitor for an applicant if—
urgent relief is sought; and
the counsel or solicitor undertakes to file an application within the time directed by the court; and
the court considers it appropriate having regard to all relevant circumstances.