Civil Procedure in Queensland
Framework
The Uniform Civil Procedure Rules 1999 (Qld) (UCPR) govern civil proceedings in the Supreme, District and Magistrates Courts. The Civil Proceedings Act 2011 (Qld) supplies substantive procedural powers, and the Federal Court Rules 2011 apply only in federal jurisdiction.
Core concepts
- Originating process: claims are commenced by claim or originating application; the choice depends on whether disputed facts are likely.
- Pleadings: must be concise, disclose a reasonable cause of action, and not be evasive or ambiguous. Material facts, not evidence, are pleaded. A party may apply to strike out under r 171 for want of reasonable cause, scandal, or abuse of process.
- Service: personal service for individuals; substituted service requires a court order.
- Defences and counterclaims: time limits under the Limitation of Actions Act 1974 (Qld) (e.g., 6 years for contract and tort, 3 years for personal injury).
- Disclosure: standard disclosure, with a duty of continuing disclosure; privilege claims must be made specifically.
- Interlocutory applications: must be supported by affidavit; urgency can justify abridgement.
- Summary judgment: available where there is no real prospect of success; the test is demanding.
- Costs: ordinarily follow the event; Calderbank offers and Chapter 9 Part 5 offers have costs consequences.
Traps
Candidates confuse striking out with summary judgment, or forget that the UCPR applies only in Queensland courts. Another trap is treating a notice to admit as evidence rather than a mechanism to narrow issues. Watch for miscalculated limitation periods and for questions about default judgment where the claim is unliquidated.
Rule of thumb
For any procedural question, ask: (1) Which court and rules? (2) What stage is the proceeding at? (3) What is the precise rule number and remedy sought? Then check time limits and costs consequences.