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 |
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Application |
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Affidavit in Support of Application |
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Application in a Proceeding |
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Directions |
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Parties and Proceedings
Chapter 3 UCPR
Amendment of Proceedings after Change of Party |
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Disclosure of Partners’ Names |
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Service
Chapter 4 UCPR
Service not allowed on certain days |
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Service on Agent |
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Service in Convention Countries |
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Notice of Intention to Defend
Chapter 5 UCPR
Time for Notice of Intention to Defend | |
Service of Notice |
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Conditional Notice of Intention to Defend |
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Pleadings
Chapter 6 UCPR
Judgment Pleaded |
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Time for Servicing Answer to Counterclaim & Reply |
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Close of Pleadings |
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Notice to Admit Facts or Documents |
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Filing Third Party Notice | |
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 |
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Disclosure by Delivery of List of Documents & Copies |
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Notice Requiring Non-party Disclosure |
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Form & Service of Notice |
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Others Affected by Notice | |
Objection to Disclosure |
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Court’s Decision about Objection |
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Costs of Production |
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Preservation of Rights and Property
Chapter 8 UCPR
Accounts |
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Certificate of Result of Sale |
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Service |
Ending Proceedings Early
Chapter 9 UCPR
Service | |
Information to be given to Registrar |
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Registrar to give notice of proposed reference to ADR process |
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Proceedings referred to ADR process are stayed |
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Referral of dispute to appointed mediator |
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When mediation must start & finish |
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Referral of dispute to appointed case appraiser |
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Dissatisfied party may elect to continue |
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Withdrawal or end of offer |
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Court Supervision
Chapter 10 UCPR
Failure to comply with rules or order |
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Disallowance of amendment |
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Failure to amend after order |
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Pleading to amendment |
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Continuation of proceeding after delay |
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Evidence
Chapter 11
Plans, photographs, video or audio recordings & models | |
Appointment for examination |
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Production by non-party |
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Expert appointed by parties |
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Examination of person making affidavit |
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Applicant’s letter to respondent |
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Jurisdiction of Judicial Registrar & Registrar
Chapter 12
Decision |
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Trials and Other Hearings
Chapter 13
Decision on papers without oral hearing
Procedure for making application |
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Respondent’s response |
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Applicant’s reply |
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Respondent’s right to require oral hearing |
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Applicant’s right to abandon request for decision without an oral hearing |
Assessors and special referees
Special referee’s opinion |
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Employment claims |
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Particular Proceedings
Chapter 14 UCPR
Certificate as to account |
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Personal injury and fatal accidents
Statement of loss and damage |
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Statement of expert and economic evidence |
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Conference if personal injury damages claim |
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Assessment of damages |
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Moneys in Court
Payment or deposit of money in court |
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Disposal of money in court |
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Judicial review
Service on other parties |
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Application for dismissal or stay at directions hearing |
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Application for costs order at directions hearing |
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Proceedings in relation to statements of reasons |
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Probate and letters of administration
Chapter 15 UCPR
Application for grant |
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Intestacy – letters of administration |
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Caveats |
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Affidavits |
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Grants |
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Executors’ administrators’ and trustees’ accounts
Chapter 15 UCPR
Order requiring Account |
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Notice |
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Orders
Chapter 16
Setting aside |
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Assessment of costs other than under the Legal Profession Act 2007 (Qld)
Chapter 17A
Before application – objection to costs statements |
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Application for costs assessment |
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Service of Application |
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Offer to settle costs |
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Certificate of assessment |
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Written reasons for decision | |
After assessment – judgment for amount certified |
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Review by court |
Assessment of costs under the Legal Profession Act 2007 (Qld)
Chapter 17A
Notice of application |
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Costs assessors |
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Appellate proceedings
Chapter 18 UCPR
Appeals to the Court of Appeal – time for appealing | |
Notice of cross appeal | |
Affirmation on other ground | |
Appeals from refusal of applications made in the absence of parties |
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Procedure for appeals to a court from other entities |
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Notice of appeal |
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Preparation for hearing |
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Enforcement of money orders
Chapter 19 UCPR
Enforcement period | |
Stay of enforcement |
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Person to whom Enforcement Hearing Summons may be directed, and service |
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Requirements under enforcement hearing summons |
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Subpoena |
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Enforcement warrants generally
Chapter 19 UCPR
Procedure |
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Advertising |
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 |
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Financial institution to make payments |
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Setting aside, suspending or varying Enforcement warrant for regular redirection |
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Service of Enforcement Warrant redirecting earnings |
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Cessation of Enforcement Warrant redirecting earnings |
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Person ceases to be Enforcement Debtor’s employer |
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Discharge or variation of instalment Order |
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Effect of Warrant |
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Enforcement of non-money orders
Chapter 20 UCPR
Enforcement period |
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Stay of enforcement |
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Enforcement of particular non-money orders
Renewal of Enforcement Warrant |
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Enforcement warrants for possession
Prerequisites to Enforcement Warrant for possession |
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Procedure |
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Procedure after arrest | |
Restrictions on further applications |
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Reciprocal enforcement of foreign judgments
Chapter 20A
Notice of registration |
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Details of service to be written on notice |
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Interpleader orders
Chapter 21
Notice to Enforcement Creditor |
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Enforcement Officer’s interpleader Application |
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 |
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Affidavit of debt by post |
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Electronic filing of sworn or affirmed documents |
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Application for leave to withdraw as a solicitor |
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Withdrawal of town agent |
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Rules for proceedings under Corporations Act 2001 (Cth) or Australian Security and Investments Commission Act 2001 (Cth)
Schedule 1A UCPR
- For additional requirements for corporations, see factsheet Time limits under the Uniform Civil Procedure Rules 1999 (Qld) – Additional Requirements for Corporations.
Powers of Courts
Appeal from Act, omission or decision of Administrator, Receiver or Liquidator etc
Part 14.1 UCPR |
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Powers of Registrars
Part 16.1 UCPR |
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