Uniform Civil Procedure Rules 1999 (Qld)

Uniform Civil Procedure Rules 1999

Chapter 1 Preliminary

1 Short title These rules may be cited as the Uniform Civil Procedure Rules 1999.

2 Commencement These rules commence on 1 July 1999. Note— The Rules of the Supreme Court, the Supreme Court (Admiralty) Rules 1988, Rules under and in pursuance of the Reciprocal Enforcement of Judgments Act 1959, the District Court Rules 1968, and the Magistrates Courts Rules 1960 expired at the end of 30 June 1999—Supreme Court of Queensland Act 1991, section 118B (repealed) and Acts Interpretation Act 1954, section 18. The Uniform Civil Procedure Rules 1999 commenced at the beginning of 1 July 1999—rule 2 and Acts Interpretation Act 1954, section 15B.

3 Application (1) Unless these rules otherwise expressly provide, these rules apply to civil proceedings in the following courts— • the Supreme Court • the District Court • Magistrates Courts. (2) 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.

4 Dictionary (1) The dictionary in schedule 3 defines terms used in these rules. (2) Words and expressions used in the Civil Proceedings Act 2011 have the same meaning in these rules as they have in that Act. (3) Subrule (2) does not apply to the extent that the context or subject matter otherwise indicates or requires.

5 Philosophy—overriding obligations of parties and court (1) The purpose of these rules is to facilitate the just and expeditious resolution of the real issues in civil proceedings at a minimum of expense. (2) Accordingly, these rules are to be applied by the courts with the objective of avoiding undue delay, expense and technicality and facilitating the purpose of these rules. (3) In a proceeding in a court, a party impliedly undertakes to the court and to the other parties to proceed in an expeditious way. (4) The court may impose appropriate sanctions if a party does not comply with these rules or an order of the court. Example— The court may dismiss a proceeding or impose a sanction as to costs, if, in breach of the implied undertaking, a plaintiff fails to proceed as required by these rules or an order of the court.