Land Court Rules 2022 (Qld)

Land Court Rules 2022

Part 1 Preliminary

1 Short title These rules may be cited as the Land Court Rules 2022.

2 Application of rules (1) These rules, other than part 3, division 2 and parts 7 and 8, apply to proceedings in the Land Court and, with necessary changes, to proceedings in the Land Appeal Court. (2) Part 3, division 2 and part 7 apply only to proceedings in the Land Court. (3) Part 8 applies only to appeals to the Land Appeal Court. (4) In a provision of these rules, a reference to the court is a reference to the court mentioned in subrule (1) that is appropriate in the context of the provision.

3 Application of Uniform Civil Procedure Rules 1999 (1) If these rules, an order or a direction do not provide for a matter in relation to a proceeding in the court and the uniform rules provide for the matter, the uniform rules apply in relation to the matter with necessary changes. (2) For subrule (1)— (a) an originating application under these rules is to be treated as if it were a claim under the uniform rules; and (b) a notice of appeal under these rules is to be treated as if it were a notice of appeal under the uniform rules; and (c) a document that starts a recommendatory proceeding under these rules is to be treated as if it were an application for a statutory order of review under the uniform rules. (3) The following rules of the uniform rules do not apply— (a) rules 961 and 962; (b) rules 964 to 966; (c) rule 970; (d) rule 972; (e) rule 975; (f) rules 982 and 983. (4) For the uniform rules, chapter 22, part 3, a reference to a solicitor is taken to be a reference to a solicitor or agent.

4 Main purposes of rules The main purposes of these rules are— (a) to ensure that when the court performs a function under an Act, including applying these rules, the court— (i) facilitates the just and quick resolution of the issues in a proceeding; and (ii) avoids undue delay, expense and technicality in a proceeding; and (b) to ensure that a party to a proceeding undertakes to the court and to each other party to the proceeding to— (i) participate in the proceeding in an expeditious way; and (ii) comply with these rules and any order or direction made by the court in relation to the proceeding.