Uniform Civil Procedure Rules 1999 (UCPR Qld) - Digest
back to table of provisionsChapter 22 – Documents, Registry and Solicitors
- Part 1 – Documents
- [960] Application of div 1
- [961] Layout
- [962] Figures may be used
- [963] Alterations
- [964] Serial number
- [965] Copies
- [966] Giving copies to other parties
- [967] How documents may be filed
- [968] Filing documents personally
- [969] Filing documents by post
- [970] Affidavit of debt by post
- [971] Filing fees
- [972] Court fees is state-related party
- [973] Scandalous material
- [974] Form of notices
- [975] Use of approved forms
- [975A] Application of div 4
- [975B] Definition for div 4
- [975C] Electronic filing
- [975D] Responsibility for document electronically filed
- [975E] Retention and status of document electronically filed
- [975F] Approved entity must be sent a copy of document electronically filed
- [975G] If both electronic and paper documents filed
- [975H] Request for electronic judgment under r283
- [975I] Electronic judgment
- [975J] Application for enforcement hearing under r808
- [975K] Electronic enforcement hearing summons
- [975L] Application for enforcement warrant under r817
- [975M] Electronic enforcement warrant
- [976] Office hours
- [977] Registrar to keep records
- [978] Issue of documents
- [979] Issue of commissions
- [980] Copies of documents
- [981] Searches
- [982] Referral to judge of magistrate
- [983] Admiralty
- [984] Clerks
- [984A] Disposal of exhibits
- [985] Solicitor’s act
- [986] Change between acting personally and acting by solicitor
- [987] Change of solicitor
- [988] Change between acting personally and acting by solicitor
- [989] Solicitor struck off or suspended
- [990] Application for leave to withdraw as solicitor
- [991] Leave to withdraw as solicitor
- [992] Rules for proceedings under Corporations Act
- [993] Transitional provision
- [994] Transitional provision
- Division 1--General provisions about documents to be filed
- Division 2--Filing documents
- Division 3--Other provisions about documents
- Division 4--Electronic court documents
Division 1--General provisions about documents to be filed
[960] Application of div 1 go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[961] Layout go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[962] Figures may be used go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[963] Alterations go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[964] Serial number go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[965] Copies go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[966] Giving copies to other parties go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
Division 2--Filing documents
[967] How documents may be filed go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[968] Filing documents personally go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[969] Filing documents by post go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[970] Affidavit of debt by post go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[971] Filing fees go to top
The effect of r 971(1) is that the registry can refuse to accept a document for filing if the prescribed fees are not paid when the document is sought to be filed: Tait v Townsville City Council [2001] QPELR 336, p.339 (Wall QC, DCJ). (Note: r 971(1) does not apply to a document filed electronically: r 975D(3)).
[972] Court fees is state-related party go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[973] Scandalous material go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
Division 3--Other provisions about documents
[974] Form of notices go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[975] Use of approved forms go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[975A] Application of div 4 go to top
Repealed.
Division 4--Electronic court documents
[975B] Definition for div 4 go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[975C] Electronic filing go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[975D] Responsibility for document electronically filed go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[975E] Retention and status of document electronically filed go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[975F] Approved entity must be sent a copy of document electronically filed go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[975G] If both electronic and paper documents filed go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[975H] Request for electronic judgment under r283 go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[975I] Electronic judgment go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[975J] Application for enforcement hearing under r808 go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[975K] Electronic enforcement hearing summons go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[975L] Application for enforcement warrant under r817 go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[975M] Electronic enforcement warrant go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[976] Office hours go to top
The effect of r 976 is that, in addition to the usual hours set out in r 976(1), the registry is entitled to open at whatever hours as may be advised: Royds v Sumner-Potts [2014] QSC 317, p.1 (Jones J).
[977] Registrar to keep records go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[978] Issue of documents go to top
The term “seal” in the District Court Act 1967 (Qld), includes the stamp used by the District Court registry in accordance with its usual practice: Clampett v Hill [2007] QCA 394, [6] (per de Jersey CJ, Williams JA and Keane JA).
[979] Issue of commissions go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[980] Copies of documents go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[981] Searches go to top
Rule 981 gives practical effect to the principle of open justice: Caltabiano v Electrocal Comission of Queensland (No 3) [2009] QSC 186, p.2 (Atkinson J) (as to the principle of open justice, citing ASIC v Rich NSWSC 496 and John Fairfax and Sons Ltd v The Police Tribunal of New South Wales (1986) 5 NSWLR 465, 476-477 (per McHugh JA)).
The power to make an order restricting access to documents pursuant to r 981(3), ought to be exercised sparingly, in a manner that is consistent with the principle of open justice: Breeton Pty Ltd v Carpregin Pty Ltd [2004] QSC 192, pp.1-2 (Holmes J), (citing, the Court of Appeal in J. v L. & A. Services Pty Ltd (No. 2) [1995] 2 Qd R 10
For the purpose of r 981, “information may not be withheld from the public merely to save a party from loss of privacy, embarrassment, distress, financial harm of other collateral disadvantage”: Breeton Pty Ltd v Carpregin Pty Ltd [2004] QSC 192, pp.1-2 (Holmes J) (citing, the Court of Appeal in J. v L. & A. Services Pty Ltd (No. 2) [1995] 2 Qd R 10
The fact that a non-party to litigation obtains a document using r 981 so that it is brought into the public domain, does not absolve a party of its implied undertaking not to use those the documents for a purpose outside the proceedings in which the document was produced: Northbuild Construction Pty Ltd v Discovery Beach Project Pty Ltd [2009] QSC 76, [29] (White J).
[982] Referral to judge of magistrate go to top
If a matter is remitted to a Registrar for the purpose of r 982(3), then once it is remitted, the decision is then made, not by the court, but by the Registrar, following the receipt of the Court’s advice given upon the reference: Petroulias, Re [2005] 1 Qd R 643, [37], [39] (per de Jersey CJ, Davies JA agreeing).
The practice in the Supreme Court is that the enforcement hearing is conducted by a Registrar of the Court. Rather than such a hearing being referred to a judge pursuant to r 982(2), in the absence of any special or peculiar reason, that usual procedure should be followed: Remely v O’Shea (No 3) [2009] QSC 110, [28], [31] (McMeekin J).
[983] Admiralty go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[984] Clerks go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[984A] Disposal of exhibits go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[985] Solicitor’s act go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[986] Change between acting personally and acting by solicitor go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[987] Change of solicitor go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[988] Change between acting personally and acting by solicitor go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[989] Solicitor struck off or suspended go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[990] Application for leave to withdraw as solicitor go to top
Application for leave to withdraw as solicitor
It is not appropriate on an application under r 990 or r 991, for the Court to investigate whether the solicitor is at fault in seeking to cease to act for a client. Provided a solicitor has complied with the relevant requirements for giving notice of withdrawal set out in the rules, the Court will generally give a solicitor who has ceased to act for a party leave to withdraw as a matter of course, unless there are special circumstances that justify the solicitor’s retention on the record: Commonwealth Bank of Australia v Davies [2004] 1 Qd R 363, pp. 364-365 (Wilson J, citing with approval Wilson, Brennan, Deane and Dawson JJ in Plenty v Gladwin (1986) 67 ALR 26 re 0.7 r.7(1) of the High Court Rules).
[991] Leave to withdraw as solicitor go to top
Leave to withdraw as solicitor
It is not appropriate on an application under r 990 or r 991, for the Court to investigate whether the solicitor is at fault in seeking to cease to act for a client. Provided a solicitor has complied with the relevant requirements for giving notice of withdrawal set out in the rules, the Court will generally give a solicitor who has ceased to act for a party leave to withdraw as a matter of course, unless there are special circumstances that justify the solicitor’s retention on the record: Commonwealth Bank of Australia v Davies [2004] 1 Qd R 363, pp. 364-365 (Wilson J, citing with approval Wilson, Brennan, Deane and Dawson JJ in Plenty v Gladwin (1986) 67 ALR 26 re 0.7 r.7(1) of the High Court Rules).
[992] Rules for proceedings under Corporations Act go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[993] Transitional provision go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[994] Transitional provision go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.