Time limits under the Uniform Civil Procedure Rules 1999 (Qld)

This factsheet summarises time limits for various stages of civil litigation as provided in the Uniform Civil Procedure Rules 1999 (Qld). Unless otherwise specified, they are relevant to civil actions commenced in the Magistrates, District and Supreme Courts.

For additional requirements for corporations, see LawRight’s factsheet Time limits under the Uniform Civil Procedure Rules 1999 (Qld) – additional requirements for corporations .

Initiating Proceedings

Chapter 2 UCPR

Claim
  • Remains in force for 1 year starting on the day it is filed (UCPR Rule 24(1))
  • If unsuccessful efforts have been made to serve the defendant the Claim may be renewed for periods no longer than 1 year, starting on the day after the Claim would have otherwise ended (UCPR Rule 24(2))
Application
  • Must be filed and served on each respondent at least 3 business days before the Application hearing date (UCPR Rule 27(1));
  • The above time limit does not apply if: UCPR Rule 27(2);
    • the UCPR, an Act or another law permits the Application to be heard without being served; (UCPR Rule 27(2)(a)) or
    • the applicant proposes in the Application that it be decided without a hearing; (UCPR Rule 27(2)(b)) or
    • another time is provided for under the UCPR or an Act (UCPR Rule 27(2)(c))
Affidavit in Support of Application
  • Must be filed and served on each respondent at least 3 business days before the Application hearing date: UCPR Rule 28(1)
  • Court may give leave for an Affidavit not served as required to be relied on at the hearing: UCPR Rule 28(2).
Application in a Proceeding
  • The Application must be filed and served on each respondent at least 2 business days before the Application hearing date. [1]
Directions
  • If the plaintiff is required to make an Application for Directions, they must make and serve the Application within 7 days of being served the first Notice of Intention to Defend. [2]
  • If the defendant is required to make an Application for Directions, they must make and serve the application within 7 days after the service of process invoking cross-vesting laws. [3]
  • If proceedings are transferred to another Court, the party who started the proceedings must make and serve the Application for Directions. This Application must be made within 14 days after the date of the Order to transfer. [4]

Parties and Proceedings

Chapter 3 UCPR

Amendment of Proceedings after Change of Party
  • If an Order is made which either changes, affects the identity of, or designates a party, the plaintiff or the applicant must:
    • file an amended Originating Process within the timeframes specified in the Order or 10 days after the Order is made (if no time is specified);[5] and
    • serve an amended Originating Process on any new party within the timeframe specified in the Order;[6] and
    • if the Order substituted a person as defendant or respondent, the applicant must serve a copy of the Order on every continuing party within 10 days of the Order being made.[7]
Disclosure of Partners’ Names
  • When a written Notice is served by a party to give the names and/or the addresses of partners, the Notice must state a time not less than 2 business days for compliance with the Notice. [8]

Service

Chapter 4 UCPR

Service not allowed on certain days
  • A document served after 4pm is taken to have been served on the next business day. [9]
Service on Agent
  • The party serving the Originating Process on the agent must immediately send to the principal a copy of the Order and Originating Process. [10]
Service in Convention Countries
  • If an undertaking is given under subrule (2) but the expenses are not paid within 7 days, the court may order the expenses be paid or the proceedings to be stayed until the expenses are paid. [11]

Notice of Intention to Defend

Chapter 5 UCPR

Time for Notice of Intention to Defend
  • In proceedings started by Claim, the Notice of Intention to Defend must be filed within 28 days after the Claim is served. [12]
  • However, if the Service & Execution of Process Act 1992 (Cth) applies, the Notice of Intention to Defend must be filed within the time set out by that Act. [13]
Service of Notice
  • A copy of the Notice of Intention to Defend must be served on the day it is filed, or as soon as practicable. [14]
Conditional Notice of Intention to Defend
  • If a defendant files a Conditional Notice of Intention to Defend, they must apply for an order under rule 16 within 14 days of filing the Conditional Notice of Intention to Defend. [15]
  • If a defendant does not comply with subrule (3), the Conditional Notice of Intention to Defend becomes unconditional. [16]
  • Within 7 days of the Conditional Notice of Intention to Defend becoming unconditional, the defendant must file a Defence. [17]

Pleadings

Chapter 6 UCPR

Judgment Pleaded
  • A party pleading a Judgment must deliver a copy of the Judgment within 10 days of another party requesting it. [18]
Time for Servicing Answer to Counterclaim & Reply
  • Unless a Court orders otherwise, any Answer to a Counterclaim must be filed and served within:
    • 14 days after serving the Counterclaim; [19] or
    • If a defendant to a Counterclaim is not a party to the original proceeding, 28 days after service of the Defence or Counterclaim. [20]
  • Unless a Court orders otherwise, any reply must be filed and served within 14 days of service of the Defence or Answer to the Counterclaim. [21]
Close of Pleadings
  • The Pleadings close 14 days after service of the Defence. [22]
Notice to Admit Facts or Documents
  • If the other party does not, within 14 days, serve a Notice on the first party disputing a fact or the authenticity of documents, the other party is taken to admit the fact or the authenticity of the documents. [23]
Filing Third Party Notice
  • A Third Party Notice must be filed within 28 days after the latest of either:
    • the time limit for filing the Defence of the defendant who makes the Third Party Claim (the “prescribed period”); [24] or
    • if the plaintiff agrees to an extension of the “prescribed period”, the period agreed to. [25]
Third Party Defence A Third Party may file and serve a Defence within 28 days after being served with a Statement of Claim. [26]

Disclosure

Chapter 7 UCPR

Privilege Claim
  • A party making a claim of privilege must, within 7 days after the challenge, file and serve an Affidavit stating the claim of privilege on the other party. [27]
Disclosure by Delivery of List of Documents & Copies
    • if an Order for disclosure is made before the close of Pleadings – the time stated in the Order; [28]
    • if an Application for a summary decision is made within 28 days after the close of Pleadings and the proceeding is not disposed of when the Application is decided – 28 days after the decision; [29]
    • if, as a result of a further pleading or amended pleading, additional documents are subject to disclosure – 28 days after the further pleading or amended pleading is delivered;[30]
    • when any further Pleading or amended Pleading is delivered; [31]
    • if it is the first occasion that a document comes into the possession or under the control of a party and it happens after a time mentioned in paragraph (a) to (c) – within 7 days after that occasion; [32] and
    • otherwise – 28 days after the close of Pleadings.[33]
Notice Requiring Non-party Disclosure
  • Applicant may by Notice of Non-Party Disclosure require a Non-Party respondent to produce within 14 days after service, a document:
    • directly relevant to an allegation in issue; [34] and
    • in the possession or under the control of the respondent; [35] and
    • that the respondent could be required to produce at trial. [36]
  • The respondent must comply with the Notice of Non-Party Disclosure but not before the end of 7 days after service of the Notice on the respondent. [37]
Form & Service of Notice
  • The Notice of Non-Party Disclosure must be served in the same way as a Claim and within 3 months of it being issued. [38]
Others Affected by Notice
  • The applicant must, within 3 months after the issue of the Notice of Non-Party Disclosure, serve a copy on:
    • a non-party, about whom information is sought; [39] and
    • if applicant knows the respondent does not own a document required to be produced – the owner of the document. [40]
Objection to Disclosure
  • A person served with a Notice under rule 244 may object to the production of some or all of the documents required to be disclosed, within 7 days of being served, or with the court’s leave, a later time. [41]
Court’s Decision about Objection
  • Within 7 days after the service of an objection under rule 245, the applicant may apply to the court for a decision about the objection. [42]
Costs of Production
  • Within 1 month after producing a document, the respondent must give the applicant written notice of the respondent’s costs and expenses of producing the document. [43]
  • Within 1 month after receiving written notice under subrule (2), the applicant may apply to the Registrar for an assessment of the costs and expenses under Chapter 17A. [44]

Preservation of Rights and Property

Chapter 8 UCPR

Accounts
  • A party who objects to the accounts may serve a written notice on the receiver requiring the receiver to file the accounts with the Court within 14 days after the notice is served. [45]
Certificate of Result of Sale
  • Within 7 days after the day of settlement of sale, a person required to give a certificate under subrule (1) must file the certificate with the Court. [46]

Ending Proceedings Early

Chapter 9 UCPR

Service
  • At least 4 business days before the hearing, the respondent must file and serve a copy of any Affidavits being relied on. [49]
  • At least 2 business days before the hearing, the applicant must file and serve a copy of any Affidavits in reply to respondent’s Affidavits (if any). [50]
Registrar to give notice of proposed reference to ADR process
  • If the Court directs a Registrar to notify the parties that the dispute will be conducted through ADR (a Referral Notice), and either party lodges an Objection Notice in the Registry, the Objection Notice must be filed within 7 days after the party receives a Referral Notice. [51]
Proceedings referred to ADR process are stayed
  • If a dispute in the proceeding is referred to ADR, the dispute and the claims made within the dispute are stayed until 6 business days after the report of the ADR convenor certifying the finish of the ADR process is filed with the Registrar. [52]
Referral of dispute to appointed mediator
  • A Referral Order for mediator requires parties, if mediation not completed within 3 months of date of Referral Order, to provide report outlining circumstances. [53]
When mediation must start & finish
  • A Mediator must aim to finish the mediation within 28 days after their appointment. [54]
Referral of dispute to appointed case appraiser
  • A Referral Order for a Case Appraiser requires parties, if the Case Appraisal is not completed within 3 months of the date of the referring Order, to provide a report outlining the circumstances of the matter to the Registrar who may refer the matter to the Court for resolution. [55]
Dissatisfied party may elect to continue
  • An Election to go to trial must be filed within 28 days after the Case Appraiser’s certificate is filed. [56]
Withdrawal or end of offer
  • Party must specify in an Offer to Settle, a period not less than 14 days after the day of service of the Offer where the Offer is open for acceptance and cannot be withdrawn. [57]

Court Supervision

Chapter 10 UCPR

Failure to comply with rules or order
  • A party entitled to the benefit of an Order may, by application, require a non-complying party to show cause why the Order should not be made, and must serve it 2 business days before the hearing. [58]
Disallowance of amendment
  • If a party makes an amendment without leave before filing a request for trial date, another party may, within 8 days after service, apply to the Court to disallow the amendment. [59]
Failure to amend after order
  • An Order giving a party leave to amend a document ceases to have effect if the party has not amended the document in accordance with the time specified in the Order. If no term is specified, it ceases to have effect at the end of 14 days after the Order is given. [60]
Pleading to amendment
  • A Pleading or amendment must be served within the time the opposite party has to plead, or within 8 days, whichever is later. [61]
Continuation of proceeding after delay
  • If no step is taken in a proceeding for 1 year from the time the last step was taken, a party wanting to proceed must give 1 month’s notice to every party of their intention to proceed. [62]
  • If no step has been taken in a proceeding for 2 years from the time the last step was taken, a new step may not be taken without the order of the court, which may be made with or without notice.[63]

Evidence

Chapter 11

Plans, photographs, video or audio recordings & models
  • Unless Court orders otherwise, 7 days before hearing a party must give all parties the opportunity to:
    • inspect anything in subrule (1) or anything the party intends to tender; [64] and
    • agree to admission without proof. [65]
Appointment for examination
  • An Examiner must notify the party who obtained the examination Order of the time and place 7 days before the time appointed for the examination. [66]
  • The party who obtained the examination Order must notify the person to be examined 3 business before the examination. [67]
  • If a person to be examined is not a party, the party who obtained the examination Order must serve that person with a Subpoena under Part 4, 3 business days before the examination. [68]
Production by non-party
  • The non-party to whom the subpoena is directed, or their agent, may deliver or send the subpoena, or a copy of it, and the document or thing required to be produced to the registry from which the subpoena was issued, so they are received not less than 2 clear business days before the earliest date stated in the subpoena.[69]
Expert appointed by parties
  • A copy of the agreement to appoint an expert must be filed in the Court, and be immediately served on any other party to the proceeding who is not a party to the agreement. [70]
  • An expert report is taken to be disclosed if:
    • a copy is given to each party mentioned in the report; [71] and
    • within 14 days after each party mentioned in the report receives a copy, each non-party is given a receive copy. [72]
Examination of person making affidavit
  • If an Affidavit for hearing is served more than 1 business day before the hearing and the party wishes the Affidavit-maker to attend Court for cross-examination, the party must serve a notice to that effect on the party on whose behalf the Affidavit is filed at least 1 business day before that person is required for cross-examination, unless the other party otherwise agrees. [73]
  • If an Affidavit for hearing is served less than 2 business days before a hearing, the Affidavit-maker must attend Court to be available for cross-examination. [74]
Applicant’s letter to respondent
  • Before making an Application under rule 443, the applicant must write to the respondent specifying a time – at least 3 business days after the date of letter – within which the respondent must reply to letter. [75]

Jurisdiction of Judicial Registrar & Registrar

Chapter 12

Decision
  • The Court must decide a relevant Application within 14 days after it starts to consider it. [76]

Trials and Other Hearings

Chapter 13

Decision on papers without oral hearing

Procedure for making application
  • Registrar must set a date for deciding an Application at least 10 days after the Application is expected to be served on the respondent. [77]
Respondent’s response
  • If the respondent wishes to present written submissions or evidence other than oral evidence, the respondent must file and serve the Response with accompanying material at least 3 days before the date set for deciding the application. [78]
Applicant’s reply
  • Unless the applicant files a Notice under rule 495(2), the applicant must file and serve a Reply to the Response at least 1 day before the date set for deciding the Application. [79]
Respondent’s right to require oral hearing
  • The respondent must, within 3 days after being served with an Application:
    • file a Notice in approved form; [80] and
    • serve a copy of the Notice on the applicant. [81]
  • After filing and serving the Notice, the respondent must file and serve material in response to the Application at least 3 days before the date for deciding the Application. [82]
Applicant’s right to abandon request for decision without an oral hearing
  • If the applicant requires an oral hearing, the applicant must, within 2 days after receiving the respondent’s material:
    • file a Notice in the approved form; [83] and
    • serve a copy of the Notice on the respondent. [84]

Assessors and special referees

Special referee’s opinion
  • An Application for an Order or Judgment on the basis of the referee’s report must be made with 7 days notice to other parties. [85]
Employment claims
  • Notice to defend an employment claim must be filed within 28 days after the Conciliation Certificate is filed. [86]

Particular Proceedings

Chapter 14 UCPR

Certificate as to account
  • The result of the taking of an Account must be stated in a Certificate that must be filed immediately after it is settled. [87]
  • A person interested in the Account may apply to the Court to have the Account set aside or varied within 7 days after the day Certificate was filed. [88]
  • A Certificate becomes final and binding at the end of 7 days after the day it was filed. [89]
  • The party who is responsible for the prosecution of the judgment or order must prepare a draft Certificate on at least 7 days notice to all persons who appeared at the taking of the Account. [90]

Personal injury and fatal accidents

Statement of loss and damage
  • The plaintiff must serve on the defendant a written statement of loss and damage within 28 days after the close of Pleadings. [91]
Statement of expert and economic evidence
  • The defendant must serve on the plaintiff a written statement of expert and economic evidence 28 days after being served with the plaintiff’s Statement of Loss and Damage, but before a Request for Trial Date is filed. [92]
Conference if personal injury damages claim
  • If a party who is given the Notice unreasonably neglects or refuses to attend a Conference, the Court may make an Order, without prejudice to another power or discretion of the Judge or Registrar, to require the party to pay the costs of the Application immediately. [93]
Assessment of damages
  • Doesn’t apply to Magistrates Court
  • The plaintiff must, at least 21 days before the date set for the assessment of damages, serve the defendant with the Statement of Loss and Damage. [94]
  • The defendant intending to appear on the assessment of damages must serve the plaintiff with the Statement of Expert and Economic evidence 7 days before the date set for assessment. [95]

Moneys in Court 

Payment or deposit of money in court
  • If a person is required or permitted by an Act, the UCPR Rules, an order of the court or another law or practice to pay into or deposit money in court, the person must file an affidavit and serve it on all other parties and any other interested person as soon as practicable after it is filed.[96]
Disposal of money in court
  • An application for payment out of court of money paid into or deposited in court in a proceeding must be served on all other parties.[97]

Judicial review

Service on other parties
  • The applicant must serve the other parties to the proceeding at least 14 days before the directions hearing, unless the Court shortens the time for service. [98]
Application for dismissal or stay at directions hearing
  • A party may apply for an Order under part 1, division 3; or section 48 of the Judicial Review Act 1991 (Qld) at a directions hearing if an Application is served on other parties at least 3 business days before the directions hearing. [99]
Application for costs order at directions hearing
  • An applicant may apply for an Order under section 49 of the Judicial Review Act 1991 (Qld) if an Application is served on the other parties at least 3 business days before the directions hearing. [100]
Proceedings in relation to statements of reasons
  • The applicant must serve the Application and Affidavit on the respondent at least 7 days before the directions hearing unless the Court shortens the time for service. [101]

Probate and letters of administration

Chapter 15 UCPR

Application for grant
  • At least 14 days before filing the Application, a person must give a Notice of Intention to Apply. The person must give the Public Trustee a copy of the notice 7 days before filing the Notice. [102]
  • The Notice of Intention to Apply for a Grant must be published in a publication approved by the Chief Justice under a practice direction.[103]  As of 24 November 2017 that Notice of Intention to Apply must only be submitted to the Queensland Law Reporter for publication.
Intestacy – letters of administration
  • The Court must not make a grant on an Intestacy within 30 days after the death of deceased, unless urgent circumstances justify making the Grant before the end of 30 days. [104]
Caveats
  • Take effect on the date of filing and remain in force for 6 months, but may be renewed for periods of 6 months by the filing of a new caveat. [105]
  • Nothing may be done on an Application to which a Caveat relates until at least 8 days after the Registrar has given notice (unless the Court authorises). [106]
  • If the Notice to support the Caveat is not filed within 8 days after service of the Notice under Rule 625(2), the Registrar may consider the Application as if no Caveat had been filed. [107]
Affidavits
  • The Affidavit of a party who files a Notice of Intention to Defend and any script to be filed with it as an exhibit, must be filed within 8 days after the person files the Notice of Intention to Defend. [108]
Grants
  • Where a Claim includes a claim for the revocation of a Grant: [109]
    • If the person to whom the Grant was made asks for it to be revoked, the Grant must be filed in the Court by the person within 7 days after filing the Claim; [110]
    • However, if the Grant is in the possession or under the control of a defendant, the Grant must be filed in the Court within 14 days after the defendant is served with the Claim. [111]

Executors’ administrators’ and trustees’ accounts

Chapter 15 UCPR

Order requiring Account
  • A beneficiary in an estate may apply to the court for an order that a Trustee of the estate file an estate Account and that the estate Account be assessed and passed.[112]
  • Within the period of time specified in the Order made under rule 644, the Trustee must: [113]
(a) file the Accounts of the estate and verify by affidavit of the Trustee; and
(b) serve a copy of the estate Account on the applicant, and any other person as directed by the Court.[114]
Notice
  • If an Account is to be examined under rule 645, the beneficiary must serve on the Trustee a written notice requesting an estate account be prepare and served on the beneficiary within 30 days after the service of the Notice.[115]

Orders

Chapter 16

Setting aside
  • The Court may vary or set aside an order before the filing of the order or, the end of 7 days after the making of the order, whichever is earliest. [116]

Assessment of costs other than under the Legal Profession Act 2007 (Qld)

Chapter 17A

Before application – objection to costs statements
  • A party on whom a Costs Statement is served may, within 21 days after being served, object to any item in the Statement by serving a Notice of Objection on the party serving the Statement. [117]
Application for costs assessment
  • A party who has served a Costs Statement under rule 705 or on whom a costs statement under rule 705 was served, not less than 21 days after service of the Costs Statement, apply for a Costs Assessment. [118]
Service of Application
  • Within 7 days after filing an Application for a Costs Assessment, the applicant must serve a copy of the Application and all accompanying documents (other than the Costs Statement and any notice of objection) on the party liable to pay the costs. [119]
Offer to settle costs
  • May be served at any time after the day liability for the costs accrues. [120]
Certificate of assessment
  • Costs Assessor must file the Certificate of Assessment within 14 days after the end of the assessment, and a copy must be given to each of the parties. [121]
Written reasons for decision
  • A party may make a written request to the Costs Assessor for reasons of any decision included in the Certificate within 21 days after receiving a copy of the Certificate. [122] If the Costs Assessor receives such a request they must give written reasons within 21 days. [123]
After assessment – judgment for amount certified
  • An Order made by the Court is not enforceable until at least 14 days after it is made. [124]
Review by court
  • Applications to review a decision must be filed within 14 days of receiving the Certificate or reasons for the decision. [125]
    • A copy must be served by the applicant on all other parties to the assessment within 14 days after the Application is filed. [126]

Assessment of costs under the Legal Profession Act 2007 (Qld)

Chapter 17A

Notice of application
  • After filing a Costs Assessment the applicant must within 7 days serve a copy of the Application on any person to whom notice must be given under the Legal Profession Act 2007 (Qld). [127]
    • If a person, served with an Application referred to above, knows a third party payer should have been, but was not, served, the person must, within 14 days after being served, give the applicant written notice of that fact and the name and contact details for the third party payer; [128]
    • As soon as practicable, but no more than 14 days after receiving a notice referred to above, the applicant must serve a copy of the Application on the third party payer. [129]
Costs assessors
  • The parties may apply for a consent order under rule 666 that the particular costs assessor be appointed to carry out the costs assessment.[130]
  • If the parties do not agree that the costs assessment be carried out by a particular costs assessor, a party may either:
    • apply to the registrar for appointment by the registrar of a costs assessor for the costs assessment; or
    • apply to the court for directions.[131]

Appellate proceedings

Chapter 18 UCPR

Appeals to the Court of Appeal – time for appealing
  • A Notice of Appeal must be filed within 28 days after the date of the relevant decision, unless the Court of Appeal orders otherwise. [132]
  • Must be served as soon as practicable on all other parties to the appeal.[133]
Notice of cross appeal
  • Must be filed within 14 days after the day of service of the Notice of Appeal. [134]
    • As soon as practicable a copy must be served on all parties to the appeal. [135]
Affirmation on other ground
  • Notice of Contention must be filed within 14 days after the day of service of the Notice of Appeal on the respondent [136]
    • As soon as practicable, a copy of the Notice of Contention must be served on all other parties to the appeal. [137]
Appeals from refusal of applications made in the absence of parties
  • Applications may be made at any sitting of the Court of Appeal held within 4 business after the day of the refusal, or for an Application refused by a Judge sitting in the central, northern or far northern region, 14 days after the day of refusal, or any further time the Court of Appeal may allow. [138]
Procedure for appeals to a court from other entities
  • The appellant must also, as soon as practicable, serve a copy of the Notice of Appeal on the registrar, secretary or another officer of the entity or, if there is no registrar or officer, on the person or 1 of the persons constituting the entity.[139]
  • On the service of the copy of the Notice of Appeal, the person served with the copy must arrange to send immediately to the Registrar of the Court in which the appeal is started, copies of all documents. [140]
Notice of appeal
  • Within 14 days after service on the respondent of the Notice of Appeal, the respondent, if the respondent wishes to participate in the Appeal, must file a Notice of Address for Service in the approved form and then serve a copy on the appellant. [141]
Preparation for hearing
  • If the parties reach agreement as required under UCPR Rule 790 (1), the parties must immediately file a Certificate of Readiness in the approved form. [142]
  • If the parties cannot agree as required under UCPR Rule 790 (1), each party must immediately file a Certificate of Readiness in the approved form. [143]

Enforcement of money orders

Chapter 19 UCPR

Enforcement period
  • An enforcement creditor may start enforcement proceedings without leave at any time within 6 years after the day the Money Order was made [144]
    • An Enforcement Creditor requires a Court’s leave to start enforcement proceedings if it is more than 6 years since the Money Order was made. [145]
Stay of enforcement
  • The Application and Affidavit must be served personally on the Enforcement Creditor at least 3 business days before the hearing of the Application. [146]
Person to whom Enforcement Hearing Summons may be directed, and service
  • An enforcement hearing summons for an end trial enforcement hearing must be served within the period directed by the court.[147]
  • Any other Enforcement Hearing Summons must be served on the person to whom it is directed personally or by prepaid ordinary post at least 14 days before the day set for the enforcement hearing. [148]
Requirements under enforcement hearing summons
  • The person to whom an Enforcement Hearing Summons is directed must attend before the court issuing the summons, including the court as constituted by a registrar, at the time and place stated in the summons to give information and answer questions and produce the documents or things stated in the summons.[149]
Subpoena
  • A person required to attend an enforcement hearing by Subpoena must be served with the Subpoena by ordinary service at least 14 days before the day set for the enforcement hearing. [150]

Enforcement warrants generally

Chapter 19 UCPR

Procedure
  • If the person applying for an Enforcement Warrant is an Enforcement Creditor, a statement in the approved form must be filed, not earlier than 2 business days before the date of the Application disclosing the information set out in UCPR Rule 817(1)(b).
Advertising
  • Before selling seized property, an Enforcement Officer must arrange advertisement of a notice giving the time and place of sale together with details of the property to be sold.
  • The Enforcement Officer must post the notice at the registry of the court in the district where the property is located, not less than 2 weeks, and no more than 4 weeks, before the date of sale.

There are also requirements set out in UCPR Rule 834(4) requiring the Enforcement Officer to advertise in the local newspaper.

Service of Enforcement Warrant for regular redirection
  • The Enforcement Warrant does not come into force until the end of 7 days after the day on which the order is served on the financial institution. [151]
Financial institution to make payments
  • For each regular deposit into the Enforcement Debtor’s account while the Enforcement Warrant for regular redirection is in force, the financial institution:
    • within 2 business days after the deposit, must deduct from the account the amount specified in the Warrant and pay it to the person specified in the Warrant. [152]
Setting aside, suspending or varying Enforcement warrant for regular redirection
  • An Order setting aside, suspending or varying an Enforcement Warrant does not come into force until the end of 7 days after the day on which it is served on the financial institution. [153]
Service of Enforcement Warrant redirecting earnings
  • The Enforcement Warrant does not come into force until the end of 7 days after the day on which the Order was served on the employer.  [154]  [155]
Cessation of Enforcement Warrant redirecting earnings
  • If an Enforcement Warrant authorising the redirection of earnings ceases to have effect, the Enforcement Debtor’s employer does not incur any liability by treating the Warrant as still in force at any time within 7 days after the day on which a copy of an Order was served on the employer. [156]
Person ceases to be Enforcement Debtor’s employer
  • The person must, immediately after ceasing to be the Enforcement Debtor’s employer, give notice in the approved form mentioned in UCPR rule 859(2)(b) to the Registrar and the Enforcement Creditor. [157]
Discharge or variation of instalment Order
  • An Order suspending or varying the Instalment Order does not come into force until the end of 7 days after the Order was made, or if the Order is required to be served under Rule 871 (2), the last day on which the Order is served. [158]
Effect of Warrant
  • An Enforcement Creditor may not take proceedings to obtain a remedy in relation to particular charged property until:
    • the Enforcement Warrant imposing the charging Order is served on the Enforcement Debtor and the person who issued or administers the property; [159] and
    • 3 months has passed since the later service. [160]

Enforcement of non-money orders

Chapter 20 UCPR

Enforcement period
  • A person entitled to enforce a non-money Order may start enforcement proceedings without leave at any time within 6 years after the day the Order was made. [161]
Stay of enforcement
  • The Application and Affidavit must be served personally on the person entitled to enforce the Order at least 3 business days before the hearing of the Application. [162]

Enforcement of particular non-money orders

Renewal of Enforcement Warrant
  • On an Application made to the Court before an Enforcement Warrant ends, the Court may renew the Warrant from time to time, for a period of not more than 1 year at any one time, from the date the Warrant ends. [163]

Enforcement warrants for possession

Prerequisites to Enforcement Warrant for possession
  • Unless the Court otherwise orders, an Order for the possession of land may be enforced by an Enforcement Warrant under rule 915 only if the person against whom the order is to be enforced is served with a copy of the Order at least 7 days before the Warrant is issued. [164]
Procedure
  • A person applying for an Enforcement Warrant under rule 915 must file an Affidavit stating whether to the best of the person’s knowledge a person other than the person liable under the Order is in occupation of the land under a lease or tenancy agreement and an affidavit of compliance with Rule 913. [165]
    • The Affidavit mentioned in Rule 914 (1)(a) must be made not earlier than 2 business days before the date of the Application. [166]
Procedure after arrest
  • The person in charge of the prison must hold the defendant in custody and within 24 hours, or as soon as practicable afterwards, bring the defendant before the Court. [167] [168]
Restrictions on further applications
  • Within 6 months of the Warrant Order or the defendant’s release under the Release Order, the plaintiff may apply for another Warrant for the defendant’s arrest in relation to the same cause of action only if the plaintiff produces further evidence that was not and could not reasonably have been given when the Order was made. [169]

Reciprocal enforcement of foreign judgments

Chapter 20A

Notice of registration
  • The Judgment Creditor under a registered Judgment must, within 28 days from registration of the Judgment or the period as extended by the Court, serve notice of registration of the Judgment on the Judgment Debtor. [170]
  • The notice must be in the approved form.
Details of service to be written on notice
  • A person who serves a Notice of registration of a Judgment on a Judgment Debtor must, within 3 days of service of the notice or the period as extended by the Court, on the duplicate notice, or a copy of the notice:
    • the day of service; and
    • the way in which the notice was served.[171]

Interpleader orders

Chapter 21

Notice to Enforcement Creditor
  • Within 4 business days after being served with a Notice under rule 950, the Enforcement Officer must serve a copy of the notice on the Enforcement Creditor. [172]
Enforcement Officer’s interpleader Application
  • If:
    • the Enforcement Officer has served a Notice of claim on the Enforcement Creditor under Division 4; and
    • the Enforcement Creditor does not, within 4 business days after service of the Notice of Claim, serve on the Enforcement Officer a notice that the Enforcement Creditor admits the claim; and
    • the claimant does not afterwards withdraw the claim.

the Court may, on application by the Enforcement Officer, grant interpleader relief to the Enforcement Officer by giving a direction or making 1 or more interpleader Orders. [173]

Documents, registry and solicitors

Chapter 22 UCPR

Electronically filing documents
  • Where a document is filed electronically, if the document is accepted by the registrar, the day on which the document is taken to have been filed is:
    • if the whole of the document is received by the registry before 4:30pm on a day the registry is open for business – that day; or
    • otherwise – the next day the registry is open for business.[174] 
  • The registrar may give, including electronically, a copy of the filed document to the party to the proceeding who filed the document, or on whose behalf the document was filed.[175] 
Affidavit of debt by post
  • Affidavit about a debt filed by post may be relied on until the end of the 5th business day after the day it is sworn. [176] 
Electronic filing of sworn or affirmed documents
  • Where a document that is sworn or affirmed is filed electronically, the party or solicitor filing the document must:
    • retain or cause to be retained, until 7 years from the date of filing, the paper form of the document from which the imaged document was created; and
    • produce the paper form of the document if required to do so by the Court.[177]
Application for leave to withdraw as a solicitor
  • A solicitor can only apply for leave to withdraw from the record in a proceeding if a written Notice is given to the client at least 7 days prior to the application; [178]
  • The Notice may ask the client to find another solicitor within 7 days or file and serve a notice for self-representation; [179]
  • The Notice may specify that if the client does not do the above the solicitor will apply to the Court for leave to withdraw and the client may be ordered to pay the solicitor’s cost of the application. [180]
Withdrawal of town agent
  • A town agent may not withdraw from the record unless a Notice of Intention to Withdraw is given to the solicitor 7 days prior to applying for leave to withdraw or the Court grants leave to withdraw without giving notice. [181]

Rules for proceedings under Corporations Act 2001 (Cth) or Australian Security and Investments Commission Act 2001 (Cth)

Schedule 1A UCPR

Powers of Courts

Appeal from Act, omission or decision of Administrator, Receiver or Liquidator etc

Part 14.1 UCPR

  • All appeals to the Court authorised by the Corporations Act must be commenced by an Originating Application, or Interlocutory Application.
  • Unless the Corporations Act 2001 (Cth) or the Corporations Regulations 2001 (Cth) otherwise provide, the Originating Application, or Interlocutory Application, must be filed:
(a) within 21 days after the date of the act or omission, or decision appealed against; or
(b) any further time allowed by the Court.
  • The Court may extend the time for filing the Originating Application, or Interlocutory Application either before or after the time for filing expires, and whether or not the Application for extension is made before the time expires.
  • As soon as practicable after filing the Originating Application, or Interlocutory Application, and, in any case, at least 5 days before the date fixed for hearing the person instituting the appeal must serve a copy of the Application and any supporting Affidavit on each person directly affected by the Appeal.
  • As soon as practicable after being served with a copy of the application, and any supporting affidavit, a person whose act or omission or decision is being appealed against must file an affidavit stating the basis on which the act, omission or decision was done or made and exhibiting a copy of all relevant documents that have not been put in evidence by the person instituting the appeal.
Powers of Registrars

Part 16.1 UCPR

  • An application for the review of a decision, direction or act of a Registrar made, given or done under the UCPR Rules, must be made:
(a) within 21 days after the decision, direction or act complained of; or
(b) any further time allowed by the Court.