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Supreme Court of Queensland Act 1991 – 28 February 2015

Criminal Practice (Fees) Regulation 2010 – 1 July 2016

Criminal Practice Rules 1999 – 23 September 2016

General (Appeals Against Decisions of the Mental Health Tribunal) Rules 1986 – 6 June 1996

Supreme Court (Admission) Rules 2004 – 2 November 2015

Supreme Court (Admission Guidelines) Notice 2016 – 1 September 2016

Supreme Court of Queensland Regulation 2012 – 1 September 2012

Uniform Civil Procedure (Fees) Regulation 2009 – 1 July 2016

Uniform Civil Procedure Rules 1999 – 19 December 2014

Quick to view summary

The Government may appoint a Chief Justice of Queensland. The Chief Justice is responsible for the administration of the Supreme Court.

  • Sections 12, 13, 14, 15, 16, 17, 58

Appeals are to be heard by judges not part of the original decision.

  • Section 40

Proceedings against an enforcement officer (bailiff, sheriff) are to be started against the ‘The Sheriff of Queensland’.

  • Sections 2, 76, Schedule 5

The Supreme Court proceedings for a person in custody will generally be conducted by video link.

  • Section 78, 79, 80, 83

A party to a proceeding may appear in person or by a lawyer or with the leave of the court, another person.

  • Section 90

There are rules which apply to criminal proceedings in the Supreme Court, District Court and Magistrates Court. These rules are called the Criminal Practice Rules 1999.

  • Section 85; Rules 4, 5 of the Criminal Practice Rules 1999

A lawyer who acts for an accused person is to provide their details to the court and the prosecution 21 days before the court date. For appeals, 14 days notice is normal.

  • Rules 18, 73 of the Criminal Practice Rules 1999

A person who applies for bail is to serve a copy of the application and supporting affidavits on the prosecution generally at least 2 days before the court date.

  • Rule 25 of the Criminal Practice Rules 1999

A party to civil proceedings may apply in the approved form for reduced filing, setting down and hearing fees if they are receiving legal aid or a social security concession or allowance.

  • Regulations 9, 10, 10A, 10B of the Uniform Civil Procedure (Fees) Regulation 2009

There are rules which apply to civil proceedings in the Supreme Court, District Court and Magistrates Court. These rules are called the Uniform Civil Procedure Rules 1999 (UCPR).

  • Section 85, Rule 3 of UCPR

An application for probate/administration of a deceased person’s estate can be filed with the Supreme Court. This may only occur after at least 7 days notice is given to the Public Trustee of Queensland. The notice is also to be published in two publications, one a newspaper. A person claiming an interest in the estate can file a caveat to in effect suspend the application. Rules for contesting are contained within Chapter 15, Part 8.

  • Rules 597, 598, 599, 602, 609, 624, 630 of UCPR

An Australian legal practitioner who is fit and proper to assess estate accounts may apply for appointment as an accounts assessor.

  • Rules 657G, 657H of UCPR

An Australian legal practitioner of 5 years who is fit and proper to assess costs may apply for appointment as a costs assessor.

  • Rules 743J, 743K of UCPR
Reason for law

UCPR – To facilitate the just and expeditious resolution of the real issues in civil proceedings at a minimum of expense. (Rule 5)

Relevant links

Supreme Court

Forms

Supreme Court Practice Directions

Court services – Apply to issue a subpoena [Queensland Government]

Court services – Search and copy court documents [Queensland Government]

Legal Practitioners Admission Board

Admissions to the Legal Profession [Queensland Courts]

Law Admissions Consultative Committee

Notice of intention to apply for admission to the legal profession [Queensland Law Reporter]

Wills and estate (probate) [Queensland Courts]

Probate Notices [Queensland Reports]

Probate Notice Database

Register of Approved Cost Assessors [Queensland Courts]

Find a cost assessor [Queensland Law Society]

Aboriginal and Torres Strait Islander Community Profiles: a Resource for the Courts

Find a Translator or Interpreter – NAATI

Settling Disputes Out of Court [Queensland Government]

For QLS Members: Delayed judgments

Suggested links

National Judicial College of Australia

Commonwealth Magistrates’ and Judges’ Association

Commonwealth Judicial Education Institute (CJEI)

Judicial Conference of Australia

International Commission of Jurists

Rule of Law Institute of Australia

Rule of Law [Council of Europe]

International Development Law Organization (IDLO)

The Samuel Griffith Society

Hague Conference on Private International Law

LexisNexis Rule of Law Impact Tracker

Judicial Council on Cultural Diversity

The Hague Forum for Judicial Expertise

NSW: Judicial Commission of NSW

Highlighted practice direction

2017/01 – Rule 599(3) Uniform Civil Procedure Rules – Approval of newspapers for publication of notices2015/04 – Approval for newspapers for publication of notices2014/18 – Approval for newspapers for publication of notices | 2014/14 – Rule 599(3) Uniform Civil Procedure Rules – Approval of newspapers for publication of notices | 2014/02 – Rule 599(3) Uniform Civil Procedure Rules – Approval of newspapers for publication of notices | 1999/19 – Approval of Publication

2014/10 – Supervised case list involving self represented parties: Civil jurisdiction Brisbane | 2012/11 – Supervised case list

2013/16 – Citation of authority | 2013/11 – Citation of authority | 2013/19 – Citation of authority

2013/07 – Interest rates | 2013/06 – Interest rates | 2013/15 – Interest rates

2012/22 – Interest on default judgments | 2007/06 – Interest on default judgments | 2002/02 – Interest on Default Judgments | 2001/06 – Interest on Default Judgments2000/09 – Interest on Default Judgments | 2007/04 – Interest on Default Judgments | 2002/01 – Interest on Default Judgments | 2001/06 – Interest on Default Judgments | 2000/04 – Interest on Default Judgments | 2007/04 – Uniform Civil Procedure Rules 1999, Rule 283 | 2002/02 – Interest on Default Judgments | 2001/03 – Interest on Default Judgments | 2000/05 – Interest on Default Judgments

2012/21 – Interest payable upon money order

2012/17 – Case flow management

2011/10 – Use of technology for the efficient management of documents in litigation | 2013/12 – Use of technology for the efficient management of documents in litigation

2010/09 – Setting trial dates: Civil jurisdiction Brisbane

2015/06 – Orders of the Registrar2010/04 – Consent orders of the Registrar | 2010/02 – Consent orders of the Registrar | 2010/17 – Consent orders of the Registrar

2010/02 – Court of Appeal procedure  | 2016/05 – Appeals

2010/01 – Amendment of practice direction 9 of 2007: persons under a legal disability | 2009/03 – Persons under a legal disability: amendment of practice direction 9 of 2007 | 2007/09 – Persons under a legal disability

2008/03 – Filing written submissions | 2008/02 – Filing written submissions | 2008/09 – Filing written submissions

2016/21 – Commercial list2008/02 – Commercial list – amendment of practice direction 3 of 20022002/03 – Commercial List | 2016/04 – Commercial list: District Court

2007/03 – Agreed or fixed costs | 2007/03 – Agreed or Fixed Costs | 2010/18 – Fixed costs or costs to be assessed

2007/02 – Search orders (also known as ‘Anton Piller orders’) | 2007/02 – Search Orders (Also known as ‘Anton Piller Orders’)

2007/01 – Freezing orders (also known as ‘Mareva orders’ or ‘asset preservation orders’) | Freezing Orders (Also know as ‘Mareva Orders’ or ‘Asset Preservation Orders’)

2004/8C – Guidelines to Form 19 | 2004/8B – Document Protocol | 2004/8A – Form 19 – List of documents

2004/07 – Approval of publication | 2000/08 – Forms of Oath and Affirmation for Barristers and Solicitor | 1999/27 – Registrar Powers to Hear Applications for Admission

2004/06 – Applications jurisdiction – outline of argument, documents read, appearance slip | 1999/14 – UCPR 1999 Applications – Outline of Argument

2001/07 – Appearance by Law Clerks in the Applications Jurisdiction | 1999/24 – Uniform Civil Procedures Rules 1999 | 2001/07 – Appearance by Law Clerks in the Applications Jurisdiction | 2001/07 – Appearance by Law Clerks in the Applications Jurisdiction | 2000/02 – Uniform Civil Procedure Rules 1999

2001/02 – Filing by post of applications

2000/05 – Applications for Leave to Appeal Form of Material

1999/18 – Approval of Document Exchange

1997/22 – Remittal of actions to District Courts

1977/01 – Appearances noted at Trial

2001/04 – Applications Jurisdiction: District Court – Consent orders: Rule 666 Uniform Civil Procedure Rules, and “abiding the order of the court”

2012/18 – Electronic filing of document | 2006/01 – Uniform Civil Procedure Rules 1999 – Uniform Civil Procedure Amendment Rule (No 1) 2003 – Division 4 Electronic Court documents | 2004/05 – Uniform Civil Procedure Amendment Rule (No 1) 2003 | 2003/01 – The Uniform Civil Procedure Amendment Rule (No.1) 2003

2010/16 – Referral to alternative dispute resolution or directions conferences | 2002/01 – Uniform Civil Procedures Rules 1999-The purpose of this Practice Direction is to facilitate the referral for alternative dispute resolution of matters to be tried in the Magistrates Courts-Southport Magistrates Registry only | 2000/01 – Uniform Civil Procedure Rules 1999

2008/07 – Part heard matters at the Brisbane Magistrates Court

2008/05 – Multi-day hearings case management at Brisbane Magistrates Court

2007/10 – Approval of registrar to assess costs

2006/08 – Means of identifying proceeding, those appearing and witnesses

2004/09 – Form of Address in Court

Media article

Why do people sue each other?

UK judge proposes online court sans lawyers

Harvard digitising 40 million pages of case law for free access

The judiciary must be scrutinised (International article)

Ecommerce platform Thankly is looking to bring the personal touch back to business

Critique

With Acts of Parliament electronically available, section 68 may be outdated.

Rule 9 of the General (Appeals Against Decisions of the Mental Health Tribunal) Rules 1986 appears to incorrectly reference the Criminal Practice Rules 1999.

A professional witness or expert receives first class travel allowance whilst a non-professional witness only receive economy travel allowance. Differential treatment may not be justified. See regulation 14 of the Uniform Civil Procedure (Fees) Regulation 2009.

In rule 586 of the UCPR, the definition for ‘writ of habeas corpus’ could be improved. It currently reads ‘writ of habeas corpus means a writ of habeas corpus ad subjiciendum.’

Free letter/precedent
Suggested further reading

Civil wrong (tort) law

Contract law

Trust/equity law

Rules/court procedures

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PLEASE NOTE: The information published on this webpage may be out-of-date. Please compare the currency date of the Act/Regulation against that published on the Office of the Queensland Parliamentary Counsel website. If you require access to Commonwealth statute law, please visit the ComLaw website. If you require access to the local council laws (by-laws), please visit the Local laws database.

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