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Magistrates Court Civil

QLD

This publication guides practitioners in Queensland through the conduct of civil proceedings in the Magistrates Court and the Queensland Civil and Administrative Tribunal.

7 Matter Plans

Overview

The Magistrates Court Civil commentaries cover key topics, including letters of demand, settlement, initiating and responding to proceedings, default and summary judgment, case management, disclosure, and trial in the Magistrates Court of Queensland.

The Enforcement guide covers statements of financial position and enforcement hearings, enforcement warrants, charging orders, enforcement of foreign and interstate judgements and enforcing Australian judgments overseas.

Applications to QCAT are covered in the Queensland Civil and Administrative Tribunal guide.

The Domestic Violence Order guide covers applying for an order, negotiating, varying and appeals.

The Reference materials folder includes guidance on electronic signing and witnessing, and the comprehensive Getting the matter underway folder includes compliance and client care documents. Using the extensive Retainer Instructions when gathering information ensures nothing is missed.

Also included is 101 Subpoena Answers, which is a useful reference guide.

Precedents in this publication include:

  • Library of letters of demand and example response to letter of demand;
  • Example offer of compromise and Calderbank offer;
  • Library of example consent orders;
  • Library of events for initiating application;
  • Example content for:
    • substituted service, amending the initiating application, and seeking injunctive relief;
    • defence, cross claim, summary judgment, summary dismissal, consolidation, security for costs, default judgment, and notice of discontinuance;
    • interrogatories, and content for setting aside subpoenas and notices to produce;
    • consent orders, terms of settlement, and deeds of release.
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7 Matter Plans Included

  • Item icon ALERTS - Nil
  • Item icon Full Commentary - Magistrates Court Civil (QLD) - Acting for the Plaintiff
  • Folder icon Reference materials
    • Item icon AI Prompts
      An AI prompt defines a specific task for AI to perform, like drafting a particular document, and provides clear instructions on how to execute that task. The goal is for the AI to quickly create a useful first draft of a document, which the user verifies and refines into a final version, ultimately ...

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    • Item icon Looking to the Future
    • Item icon Electronic Signing and Witnessing
    • Item icon 101 Subpoena Answers
    • Item icon 101 Costs Answers
    • Folder icon Papers and articles - Litigation
      • Item icon Improving written submissions - A paper by Judge Alan Troy
      • Item icon Plain language – A paper by the Hon. Michael Kirby AC CMG
    • Folder icon Demonstrating the use of precedents
      • Item icon Demonstrating the Use of Precedents
        To demonstrate the range of precedents available in the guide and to illustrate how they can be adapted to a particular matter, one set of precedents are based on a set of facts in a debt recovery that escalates when a cross-claim is brought alleging a course of conduct between the parties and a ...

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      • Item icon Demonstration - Letter of demand
      • Item icon Demonstration - Response to letter of demand
      • Item icon Demonstration - Pleadings and particulars
      • Item icon Demonstration - Request for further and better particulars
      • Item icon Demonstration - Defence
      • Item icon Demonstration - Affidavit of defendant
      • Item icon Demonstration - Cross-claim or counterclaim
      • Item icon Demonstration - Defence to cross claim or counterclaim
      • Item icon Demonstration - Calderbank offer
      • Item icon Demonstration - ADR order - Referral to mediation
      • Item icon Demonstration - Mediation position paper - Plaintiff
      • Item icon Demonstration - Mediation position paper - Defendant
      • Item icon Demonstration - Consent orders
      • Item icon Demonstration - Deed of release - Settlement of proceedings
    • Item icon Further information
  • Item icon Overview and limitation periods
    The most common claims in the Magistrates Court are for debt recovery, breach of contract, and minor torts such as motor vehicle property damage. This guide will assist practitioners to effectively conduct common Magistrates Court civil claims in a straightforward, cost-effective way by settling ...

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  • Item icon Summary of the process
    The typical steps in acting for a plaintiff in a civil claim are:

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  • Folder icon A. Getting the matter underway
    • Item icon File cover sheet - Magistrates Court civil
    • Item icon To do list - Civil - Acting for the plaintiff
    • Item icon First steps
    • Item icon Client details and verifying identity
    • Item icon Taking instructions from plaintiffs
      Use the Retainer Instructions on the matter plan to take detailed instructions and be prepared to ask the client for additional detail on particular issues or circumstances relevant to them. Every client and every case is different and will require a different focus. Identify and diarise all ...

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    • Item icon Advising the client
      Because going to court can involve the client in significant costs, the first consideration is whether the dispute can be solved in another way, such as negotiation, mediation, arbitration, or issuing a statutory demand to a corporate debtor, for example. The best outcome for the client will rarely ...

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    • Item icon Retainer instructions - Civil litigation
    • Item icon Retainer instructions - Debt collection
    • Item icon Conflict of interest check
    • Item icon Initial letter to client explaining the process - Debt collection
    • Item icon Initial letter to client enclosing costs agreement - Litigation - Acting for the plaintiff - Extensive
    • Item icon Initial letter to client enclosing costs agreement
    • Item icon Costs agreement - QLD
    • Item icon Conditional costs agreement - QLD
    • Item icon Conditional costs agreement - Uplift fee - QLD
    • Item icon Abbreviated costs disclosure - Costs under $3000
    • Item icon Time and costs estimates
    • Folder icon If required - Updating costs disclosure
      • Item icon Letter to client updating costs disclosure
      • Item icon Charge securing costs
      • Item icon Guarantee securing costs
      • Folder icon Costs disclosure before settlement in litigation matters
        • Item icon Letter to client - Costs disclosure before settlement - NSW, VIC, and WA
        • Item icon Letter to client - Costs disclosure before settlement - QLD, SA, TAS, ACT, and NT
    • Folder icon General deeds, agreements, execution clauses, and statutory declarations
      • Item icon Deeds and Agreements
      • Folder icon Deeds
        • Item icon Deed for general use
        • Item icon Deed of guarantee
        • Item icon Deed of release
        • Item icon General deed of indemnity
        • Item icon Deed of assignment of agreement
        • Item icon Deed of gift
        • Folder icon Library of standard clauses for deeds
          • Item icon Amendment
          • Item icon Confidentiality for defined information - All parties
          • Item icon Confidentiality for defined information - One party
          • Item icon Confidentiality for terms of deed - All parties
          • Item icon Confidentiality for terms of deed - One party
          • Item icon Costs
          • Item icon Counterparts
          • Item icon Dispute resolution
          • Item icon Events beyond control
          • Item icon Governing law and jurisdiction
          • Item icon Interpretation
          • Item icon No assignment
          • Item icon Notices
          • Item icon Severance
          • Item icon Waiver
          • Item icon Whole agreement
      • Folder icon Agreements
        • Item icon Agreement for general use
        • Item icon Heads of agreement
        • Item icon Non-disclosure agreement - Formal
        • Item icon Non-disclosure agreement - Informal
        • Folder icon Library of standard clauses for agreements
          • Item icon Amendment
          • Item icon Confidentiality for defined information - All parties
          • Item icon Confidentiality for defined information - One party
          • Item icon Confidentiality for terms of agreement - All parties
          • Item icon Confidentiality for terms of agreement - One party
          • Item icon Costs
          • Item icon Counterparts
          • Item icon Dispute resolution
          • Item icon Events beyond control
          • Item icon Governing law and jurisdiction
          • Item icon Interpretation
          • Item icon No assignment
          • Item icon Notices
          • Item icon Severance
          • Item icon Waiver
          • Item icon Whole agreement
      • Folder icon Execution clauses
        • Folder icon Library of execution clauses for agreements
          • Item icon Attorney
          • Item icon Authorised officer
          • Item icon Company
          • Item icon Company - Sole director
          • Item icon Individual
          • Item icon Individual - No witness
        • Folder icon Library of execution clauses for deeds
          • Item icon Attorney
          • Item icon Authorised officer
          • Item icon Company
          • Item icon Company - Sole director
          • Item icon Individual
      • Folder icon Statutory declarations
        • Item icon Commonwealth statutory declaration
        • Item icon Statutory declaration - blank - ACT
        • Item icon Statutory declaration - blank - NSW
        • Item icon Statutory declaration - blank - VIC
        • Item icon Statutory declaration - blank - QLD
        • Item icon Statutory declaration - blank - TAS
        • Item icon Statutory declaration - blank - SA
        • Item icon Statutory declaration - blank - WA
        • Item icon Statutory declaration - blank - NT
        • Item icon Standard annexure note for documents
      • Item icon Standard annexure note for documents
  • Folder icon B. Briefing counsel
    • Item icon Briefing counsel
      Magistrates Court matters sometimes require and justify engaging counsel, who should be briefed as early as possible. Counsel’s advice on evidence before issuing the claim will identify premature or weak claims before costs are wasted, and also identify any urgent or interlocutory applications that ...

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    • Item icon Brief to counsel - Civil
    • Item icon Example content - Brief to counsel - Civil
  • Folder icon C. Settling the matter
    • Item icon Settling the matter
      Parties can agree to settle before or after proceedings are commenced. If the claim settles before proceedings are commenced, the parties can document their agreement in a formal deed, or simple terms of settlement. If a party defaults, the original claim can be commenced, or proceedings can be ...

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    • Item icon Letters of demand
      Letters of demand are almost always issued before commencing proceedings. The exception might be when the client believes there is urgency for some reason, such as the imminent expiry of a limitation period, and proceedings therefore cannot be delayed. Even then, a letter of demand with a shortened ...

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    • Folder icon Letters of demand
      • Item icon Standard letter of demand
      • Item icon Letter of demand with originating motion
      • Item icon Letter of demand to guarantor
      • Item icon Letter to client enclosing copy letter of demand
      • Item icon Letter to defendant chasing instalments
      • Item icon Letter to other side to cease and desist
    • Item icon Creditors Statutory Demand for Payment of Debt
    • Item icon Alternative dispute resolution
      Part 6 of the Civil Proceedings Act 2011 (Qld) and Part 4 of Chapter 9 of the UCPR set out alternative dispute resolution (ADR) processes, and how they apply to parties and the court. Practitioners also have a duty to advise the client of the availability of alternative dispute ...

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    • Item icon Letter to client advising on alternative dispute resolution
    • Item icon Letter to other side proposing settlement conference
    • Item icon ADR referring order
    • Item icon ADR consent order
    • Item icon Example content - Mediation position paper - Plaintiff
    • Item icon Letter advising client proceedings have been referred to Arbitration
    • Item icon Example deed of release after letter of demand
    • Item icon Offers to settle
      A well-structured offer is an inducement to settle. Offers can be made either formally under the rules, or informally under the common law principles in Calderbank v Calderbank [1975] 3 All ER 333.

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    • Item icon Offer of compromise
    • Item icon Letter to other side with Calderbank offer
    • Item icon Consent orders
      If parties settle after proceedings have commenced, they can enter into consent orders for judgment and to dispose of the proceedings. See the Library of Consent Orders on the matter plan.

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    • Item icon Request for consent order of registrar
    • Folder icon Library of consent orders
      • Item icon Clause - Consent orders for acceptance of lesser sum
      • Item icon Clause - Consent orders for judgment notation of agreement
      • Item icon Clause - Consent orders for proceedings to be dismissed with no order as to costs
      • Item icon Clause - Consent orders judgment in favour of one party
      • Item icon Clause - Consent orders payment inclusive of costs
    • Item icon Irrevocable authority
    • Item icon Example deed of release - Settlement of proceedings
    • Item icon Undertakings
      Lawyers sometimes give undertakings to facilitate a settlement, such as an undertaking to hold settlement funds in their trust account and only disburse them in accordance with the courtʼs orders. An undertaking by a party or a practitioner to do, or not to do, a specified thing is a formal promise ...

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    • Item icon Undertaking for purpose of court approval of settlement
  • Folder icon D. Pleadings, filing, and service
    • Item icon Originating process
      Part 2 of Chapter 2 of the UCPR sets out the formal requirements for an originating process filed in the court. The originating process must be signed and include the plaintiff’s contact details and address for service, and a statement about filing a notice of intention to defend the ...

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    • Item icon Pleadings
      The formal requirements for pleadings are contained in Part 2 and Part 3 of Chapter 6 of the UCPR. The content and form of the claim is prescribed by r 22. It must:

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    • Item icon Interest
      When a plaintiff or counterclaimant issues a statement of claim or counterclaim for a debt, they are entitled to claim interest calculated in accordance with s 58 of the Civil Proceedings Act 2011. If a party is applying for interest, r 159(3) requires the following details to be included ...

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    • Item icon Claim
    • Item icon Statement of claim
    • Folder icon Library of events for a statement of claim
      • Item icon Pleadings and particulars - Against company debtor director guarantor
      • Item icon Pleadings and particulars - For goods sold and delivered
      • Item icon Pleadings and particulars - Misrepresentation under s18 of the Australian Consumer Law
      • Item icon Pleadings and particulars - Money lent
      • Item icon Pleadings and particulars - Recover money paid under mistake of fact
      • Item icon Pleadings and particulars - Common facts
      • Item icon Pleadings and particulars - Debt recovery solicitor's costs
    • Folder icon If required - Rule applications
      • Item icon Application
      • Item icon Originating application
      • Item icon Affidavit (Form 46)
    • Item icon Electronic filing
      Division 4 of Part 1 in Chapter 22 of the UCPR regulates electronic filing in the Magistrates Court. Practice Direction No 4 of 2024 requires that in some registries legal practitioners must submit all documents for filing electronically unless it is impracticable to do so.

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    • Item icon Service
      The requirements for service of documents are set out in rr 100–133 of Chapter 4 of the UCPR. From the date of filing, the plaintiff has 1 year to serve the defendant: r 24.

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    • Item icon Letter instructing process server
    • Item icon Letter serving process at registered office of company
    • Item icon Affidavit (Form 46)
    • Item icon Clause - Affidavit of service
    • Item icon Service in another state or territory
      Originating process may be served anywhere in Australia. However, if it is to be served outside Queensland it must be served in accordance with the Service and Execution of Process Act 1992 (Cth): r 123. Compliance with the provisions of the Service and Execution of Process Act 1992 is ...

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    • Folder icon Service and Execution of Process
      • Item icon Notice when serving initiating process in civil proceedings
      • Item icon Notice when serving subpoena
      • Item icon Notice when serving subpoena addressed to person in prison
      • Item icon Notice when serving initiating process in tribunal proceedings
      • Item icon Notice when serving tribunal subpoena
      • Item icon Notice when serving tribunal subpoena addressed to person in prison
    • Folder icon If required - Substituted service
      • Item icon Application
      • Item icon Clause - Application - Substituted service
      • Item icon Affidavit (Form 46)
      • Item icon Clause - Affidavit in support of application for substituted service
      • Item icon Order
      • Item icon Clause - Minute of proposed order for substituted service
    • Folder icon If required - Parties
      • Item icon Parties
        See Chapter 3 of the of the Uniform Civil Procedure Rules 1999. Each person whose presence is necessary to enable the court to adjudicate effectually and completely on all matters in dispute in a proceeding must be included as a party to the proceeding: r 62.

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      • Item icon Affidavit (Form 46)
      • Item icon Clause - Affidavit by director authority to commence proceedings
      • Item icon Clause - Affidavit of authorised officer authority to commence proceedings
      • Item icon Clause - Affidavit of consent to be joined as a plaintiff
      • Item icon Consent of litigation guardian
    • Folder icon If required - Defence to counterclaims
      • Item icon Defending a counterclaim
      • Item icon Notice of intention to defend
      • Item icon Defence
      • Item icon Defence and counterclaim
      • Item icon Letter to defendant's solicitor serving defence to counterclaim
    • Item icon Requests for particulars
      The requirement to particularise a claim, and the right for the defendant to seek further an better particulars, if necessary, is in Part 3 of Chapter 6 of the UCPR. If the statement of claim or any counterclaim does not plead all the material facts founding the cause of action, a request ...

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    • Item icon Reply
      A reply is only filed when there is a fact or issue asserted in the defence that the plaintiff can rebut, either as a matter of law or fact, by pleading further facts. Replies should not be a restatement of the facts in the statement of claim. If the plaintiff has filed an answer to a counterclaim, ...

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    • Item icon Clause - Reply - Plaintiff's reply to defence
    • Folder icon If required - Amendment
      • Item icon Amendment
        Under r 69, the court can grant leave to a plaintiff to add or subtract a cause of action, or amend an originating process before the expiration of the limitation period, if the plaintiff’s capacity has changed or a mistake has been made in the name of a party. Otherwise, Part 3 of ...

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      • Item icon Statement of claim
      • Item icon Example content - Amended statement of claim
  • Folder icon E. Going to court
    • Item icon Jurisdiction
      Before commencing proceedings, ensure the Magistrates Court has jurisdiction to hear the claim and to grant the desired relief. Lack of jurisdiction may be a basis for the defendant to obtain summary judgment, or for the court to dismiss the claim, or for the proceedings to be transferred to a more ...

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    • Item icon Practice directions
      The court's Practice Directions govern some specific aspects of procedure. The practice directions are not logically organised; they appear on the Queensland Courts website in order of their date of commencement, even if they have been subsequently amended. Practice Direction 2024/05 sets out the ...

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    • Item icon Case management
      The court and all parties have a responsibility to comply with the overriding obligations under r 5 of the Uniform Civil Procedure Rules 1999 to resolve the real issues in the proceedings in a procedurally fair, efficient, timely, and cost-effective way. The court may give and a party may seek ...

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    • Item icon Request for trial date
      When the matter is ready for trial, the parties must jointly sign a Request for Trial Date, form 48, under r 467 of the UCPR. If one party unreasonably refuses to sign, causing delay, another party can apply to the court to either compel the signing of a Request for Trial Date, or ...

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    • Item icon Request for trial date
    • Item icon Directions conference
      After all interlocutory steps have been completed and a Request for Trial Date has been filed, the court will list a directions hearing under r 523 of the UCPR. This requires the parties to participate in a without prejudice conference with a view to settling the matter.

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    • Item icon Pre-trial review
      The pre-trial review is before a magistrate. Different court registries have different procedure for how pre-trial reviews are conducted. If unfamiliar with local practice, practitioners can contact the local registry. At the review, the magistrate will ensure the proceedings are ready for trial ...

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    • Folder icon If required - Change of solicitor, address or venue
      • Item icon Notice of change of solicitor
      • Item icon Notice of change of address for service
      • Item icon Agreement to change of venue
    • Folder icon Uniform Civil Procedure forms
      • Item icon ADR consent order
      • Item icon ADR referring order
      • Item icon Affidavit (Form 46)
      • Item icon Affidavit accompanying payment into court
      • Item icon Agreement to change of venue
      • Item icon Appearance slip - for use in Townsville District & Supreme Courts
      • Item icon Application
      • Item icon Application for approval as a costs assessor
      • Item icon Application for costs assessment and costs statement
      • Item icon Application for reduction of fees by an individual
      • Item icon Application for review
      • Item icon Certificate of exhibit multiple documents with Index to exhibits
      • Item icon Certificate of exhibit single document
      • Item icon Certificate of explanation of duty of disclosure
      • Item icon Certificate of readiness - District Court
      • Item icon Certificate of solicitor under rule 244
      • Item icon Claim
      • Item icon Conditional notice of intention to defend
      • Item icon Consent adjournment of application
      • Item icon Consent of litigation guardian
      • Item icon Costs assessor's certificate
      • Item icon Costs statement
      • Item icon Default judgment
      • Item icon Defence
      • Item icon Defence and counterclaim
      • Item icon Document plan
      • Item icon Enforcement hearing summons - order
      • Item icon Enforcement hearing warrant
      • Item icon Enforcement warrant - possession of land
      • Item icon Enforcement warrant - redirection of earnings
      • Item icon Enforcement warrant - seizure and sale of property
      • Item icon Judgment
      • Item icon List of documents
      • Item icon List of documents (electronically managed)
      • Item icon Mediator's certificate
      • Item icon Memorandum of agreement to dismissal of appeal
      • Item icon Notice claiming contribution
      • Item icon Notice of acceptance of offer
      • Item icon Notice of address for service
      • Item icon Notice of address for service - District Court
      • Item icon Notice of appeal
      • Item icon Notice of appeal - District Court
      • Item icon Notice of appeal subject to leave - District Court
      • Item icon Notice of appointment of solicitor
      • Item icon Notice of cessation or default
      • Item icon Notice of change of address for service
      • Item icon Notice of change of solicitor
      • Item icon Notice of discontinuance
      • Item icon Notice of intention to defend
      • Item icon Notice of non-party disclosure
      • Item icon Notice of objection
      • Item icon Notice of withdrawal of notice of intention to defend
      • Item icon Notice of withdrawal of solicitors
      • Item icon Notice proposing application without oral hearing
      • Item icon Notice that debtor not employee
      • Item icon Notice that party acting in person
      • Item icon Notice to admit documents
      • Item icon Notice to admit facts
      • Item icon Notice to employer - redirection of earnings
      • Item icon Order
      • Item icon Originating application
      • Item icon Registrars order for costs
      • Item icon Request for consent order of registrar
      • Item icon Request for default judgment
      • Item icon Request for fee refund
      • Item icon Request for subpoena
      • Item icon Request for trial date
      • Item icon Special witness jurat (for UCPR)
      • Item icon Statement of claim
      • Item icon Statement of financial position (company)
      • Item icon Statement of financial position (person)
      • Item icon Statement supporting application for enforcement warrant
      • Item icon Subpoena for production
      • Item icon Subpoena for production and request for subpoena
      • Item icon Subpoena for production and to give evidence and request for subpoena
      • Item icon Subpoena to attend enforcement hearing
      • Item icon Subpoena to give evidence and request for subpoena
      • Item icon Subpoena to produce documents (Commercial Arbitration Act)
      • Item icon Third party notice
      • Item icon Title (long)
      • Item icon Title (short)
      • Item icon Undertaking re letter of request
  • Folder icon F. Interlocutory applications
    • Item icon Interlocutory applications
      The procedure for applications is set out in Practice Direction No 5 of 2024. Interlocutory applications concern disputes over procedural or other issues that need to be resolved before the final hearing. These can include issues such as defects in the pleadings, the identity of the parties, ...

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    • Item icon Rule 444 letters
      Under r 444, a letter must be sent to the other party before making an application concerning any of the following:

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    • Item icon Service of interlocutory applications
      An application can be served on a party’s solicitor or address for service provided in the notice of appearance and must be served at least 3 business days before the hearing date depending upon the type of application as some applications require 8 days notice. An application must only ...

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    • Item icon Security for costs
      See Chapter 17 of the UCPR. If the plaintiff is a corporation or resident overseas and the defendant is concerned about the plaintiffʼs ability to satisfy a costs order if the defendant is successful in the proceedings, the defendant can make an application for security for costs under ...

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    • Folder icon If required - Default judgment
      • Item icon Entry of default judgment
        See Chapter 9 and rr 283–290, in particular, of the UCPR. Default judgment is entered by filing an application, an affidavit of service, and affidavit of debt in the registry. Different rules apply to a default judgment according to the nature of the claim.

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      • Item icon Letter to defendant warning of entry of default judgment
      • Item icon Application
      • Item icon Default judgment
      • Item icon Request for default judgment
      • Item icon Affidavit (Form 46)
      • Item icon Clause - Affidavit of service
    • Folder icon If required - Summary judgment
      • Item icon Summary judgment
        See Part 2 of Chapter 9 of the UCPR. Summary judgment is available to a plaintiff or a defendant if the court is satisfied that the other party has no real prospect of successfully defending or prosecuting, as the case may be, their claim, or a part of their claim, and that there is no ...

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      • Item icon Application
      • Item icon Clause - Application - Summary judgment - Plaintiff
      • Item icon Affidavit (Form 46)
      • Item icon Clause - Affidavit in support of application for summary judgment
      • Item icon Clause - Affidavit opposing summary judgment
      • Item icon Judgment
      • Item icon Order
    • Folder icon If required - Discontinuing proceedings
      • Item icon Discontinuing proceedings
        See Part 3 of Chapter 9 of the UCPR. Discontinuing proceedings often does not require an interlocutory application, but it can. A plaintiff or applicant can discontinue a proceeding, or withdraw part of it, before being served with a defence, or, if the proceedings were commenced by an ...

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      • Item icon Notice of discontinuance
    • Folder icon If required - Striking out pleadings
      • Item icon Striking out pleadings
        If a pleading does not comply with the rules, it can be struck out under r 171 of the UCPR. If a claim is not properly pleaded, or does not disclose a cause of action, the defendant may apply to strike it out, in whole or in part.

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      • Item icon Application
      • Item icon Affidavit (Form 46)
    • Folder icon If required - Consolidation
      • Item icon Consolidation
        Consolidating a proceeding with other existing proceedings is permitted under r 78 of the UCPR. If consolidation seems appropriate, first write to the other side setting out the reasons and seeking consent.

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      • Item icon Application
      • Item icon Clause - Application - Consolidation of proceedings
      • Item icon Affidavit (Form 46)
    • Folder icon If required - Separate determination
      • Item icon Separate decision of questions
        Under r 483 of the UCPR, the court can make an order for any question in a proceeding to be decided separately from another question, whether before, at, or after the trial or continuation of the trial of the proceeding, such as the separate determination of liability and quantum in a personal ...

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      • Item icon Application
      • Item icon Clause - Application - Separate determination
      • Item icon Affidavit (Form 46)
  • Folder icon G. Gathering and exchanging evidence
    • Folder icon If required - Interrogatories
      • Item icon Interrogatories
        See Subdivision 2 of Division 2 of Part 1 of Chapter 7 of the UCPR. Interrogatories are questions administered in writing to another party that must be answered and verified by affidavit. The affidavit is then tendered in evidence. Interrogatories are therefore questions ...

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      • Item icon Letter to other solicitor - Interrogatories
      • Item icon Letter to other solicitor - Statement in answer to interrogatories
      • Item icon Affidavit (Form 46)
    • Folder icon If required - Disclosure
      • Item icon Disclosure
        See Subdivision 1 of Division 2 in Part 1 of Chapter 7 of the UCPR. The duty of disclosure arises automatically with respect to proceedings started by statement of claim, but only by court direction in proceedings commenced by application: r 209.

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      • Item icon Letter to other side with categories of documents for discovery
      • Item icon List of documents
    • Folder icon Affidavits, annexures, and exhibits
      • Item icon Affidavits
        See Part 7 of Chapter 11 of the UCPR. Affidavits are evidence in writing. They are usually ordered by the court to minimise the time spent at the hearing in leading oral evidence, especially for expert evidence.

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      • Item icon Affidavit (Form 46)
      • Item icon Annexures and exhibits
        An annexure is attached to an affidavit and identified by a certificate on its first page signed by the person before whom the affidavit is made. The deponent does not sign annexures. Bulky affidavits with voluminous annexures are difficult for the parties and bench to handle, so the appropriate ...

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      • Item icon Certificate of exhibit multiple documents with Index to exhibits
      • Item icon Certificate of exhibit single document
      • Item icon Standard annexure note for documents
    • Folder icon If required - Expert witnesses
      • Item icon Expert witnesses
        See Part 5 of Chapter 11 of the UCPR. The overriding duty of the expert is to assist the court. This overrides any duty the expert might have to the party who hired them: see r 429F of the UCPR and Makita (Australia) Pty Ltd v Sprowles [2001] NSWCA 305.

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      • Item icon Letter instructing expert witness - Plaintiff
      • Item icon Letter instructing single expert witness
      • Item icon Enclosure - Code of conduct for experts - Schedule 1C UCPR
      • Item icon Affidavit (Form 46)
      • Item icon Clause - Affidavit of expert witness annexing report
      • Item icon Letter to other side serving expert report
      • Item icon Clause - Affidavit of assessor
      • Item icon Clause - Affidavit of repairer
    • Folder icon Subpoenas, notice to produce, and notices to admit
      • Item icon Subpoenas
      • Item icon Subpoena for production
      • Item icon Request for subpoena
      • Item icon Subpoena to give evidence and request for subpoena
      • Item icon Subpoena for production and request for subpoena
      • Item icon Letter to other side's solicitor giving notice to produce documents under r 277
      • Item icon Notices to admit facts or documents
      • Item icon Notice to admit facts
      • Item icon Notice to admit documents
      • Item icon Application
      • Item icon Clause - Application - Set aside subpoena
      • Item icon Affidavit (Form 46)
      • Item icon Clause - Affidavit in support of application to set aside subpoena
  • Folder icon H. The trial
    • Item icon Agreed list of exhibits and tender bundle
      An agreed list of exhibits is a list of the documents the parties intend to rely on at the hearing. The list will include annexures and exhibits to affidavits and further relevant documents that may have been disclosed or produced on subpoena. The plaintiff should serve a list on the defendant and ...

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    • Item icon Agreed list of exhibits
    • Item icon Court book
      A court book is an indexed collection of documents that the parties will rely on during the hearing. A court book ordinarily includes all of the originating process, pleadings, and evidence, and leaves out any irrelevant documents even if they were disclosed in the proceedings. While there is no ...

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    • Item icon Court book cover page
    • Item icon Court book index
    • Item icon Schedule of medical and expert reports
    • Folder icon If required - Adjournments
      • Item icon Adjournments
        The court will only grant adjournment applications if there are very good reasons. This means parties should not ask the court to fix cases for trial unless they are ready. Lawyers must ascertain the availability of parties and witnesses before taking a date. The courtʼs considerations in ...

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      • Item icon Application
      • Item icon Affidavit (Form 46)
    • Item icon Trial procedure
      The trial is convened before a magistrate. Proceedings commence with an opening address by the plaintiff outlining the key issues, factual and legal, to be decided, and the evidence intended to be adduced.

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  • Folder icon I. Costs
    • Item icon Costs
      Chapter 17A of the UCPR deals with costs. The general rule under r 681 is that costs follow the event. They are awarded to the successful party and usually assessed on the standard basis unless the rules or an order state otherwise.

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    • Item icon Costs statement
    • Item icon Application for costs assessment and costs statement
  • Folder icon J. Appeals
    • Item icon Appeals
      In civil matters, r 783 of the UCPR deals with the procedure for appeals to the District Court from the Magistrates Court, and the District Court's Practice Direction Number 7 of 2020, and Practice Direction No 5 of 2001 apply. The practice directions play an important role in the ...

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    • Folder icon Applicant
      • Item icon Notice of appeal - District Court
      • Item icon Notice of application for extension of time for filing notice of appeal to a District Court Judge
    • Folder icon Respondent
      • Item icon Notice of address for service - District Court
    • Folder icon Both parties
      • Item icon Outline of argument
      • Item icon Letter to other side's solicitor enclosing outline of argument
      • Item icon Certificate of readiness - District Court
  • Folder icon K. Finalising the matter
    • Item icon Letter to client finalising the matter
    • Item icon Example invoice incorporating notification of client's rights - QLD
    • Item icon Closing the file
    • Item icon File closing checklist
  • Item icon Comments and suggestions for By Lawyers

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