Court Applications

When can a party commence Court proceedings by way of a Court application?

A Court proceeding must be started by claim unless the Uniform Civil Procedure Rule 1999 (Qld) (‘UCPR’) or other legislation (‘Act’) require or permit the proceeding to be started by application.

Unlike a claim, a party that commences a Court proceeding by way of application is known as the “applicant” and the party on whom the application is served is known as the “respondent”.

However, an application is only permitted to start a Court proceeding if:

  • the only or main issue in the proceeding is an issue of law and a substantial dispute of fact is unlikely; or
  • there is no opposing party to the proceeding or it is not intended to serve any person with the originating process; or
  • there is insufficient time to prepare a claim because of the urgent nature of the relief sought.

An “application” is defined by the UCPR to mean:

  • an application starting a proceeding;
  • another application; or
  • if the court orders a proceeding started by claim to continue as an application, the claim is also an application for the purposes of the UCPR.

What are the general requirements of an application?

An application must be in approved form.

An application must also:

  • name as respondents all persons directly affected by the relief sought in the application, however, this rule does not apply if these rules or another law authorise the hearing of the application without notice being given to another person;
  • list the affidavits to be relied on by the applicant at the hearing;
  • specify in the application the orders or other relief sought in the proceeding;
  • if an application is made under an Act, the application must state the name and section number of the Act under which the application is made;
  • specify the day set for hearing the application;
  • if an application is filed in the District Court or a Magistrates Court, or material filed with it, must show that the court has jurisdiction to decide the application.

When must the application be served?

Unless an exception under the UCPR or an Act applies, an application must be filed and then served on each respondent at least three (3) business days before the day set for hearing the application.

Must the application be accompanied by an affidavit?

Unless the Court gives leave otherwise, an affidavit to be relied on by the applicant at the hearing of an application must be filed and then served on each respondent at least three (3) business days before the day set for hearing the application.

Can the application be temporarily adjourned?

If all the parties to an application consent to an adjournment of a hearing of the application, they may adjourn the application by noting the adjournment on the court file or filing a consent in the approved form.

If you need to commence a Court proceeding by way of an application, and you wish to have an experienced civil litigation lawyer prepare the necessary Court documents for you and otherwise represent you in the matter, please contact AdviiLaw today to speak to one of our civil litigation lawyers. Contact us on 07 3088 7937 or email us at [email protected].

This commentary is of a general nature only, containing nothing more than some general information for the reader. It is not intended to be legal advice, nor cannot it be relied upon as legal advice. To this end, please read our Website Terms including the disclaimer contained therein carefully. Laws, rules and principles may be subject to sudden and unexpected changes and you should always consult a lawyer about your specific circumstances.

AdviiLaw
5.0
Based on 100 reviews
powered by Google
Celia McQueen
Celia McQueen
10:38 17 May 21
Alice helped us with the purchase of our first home, and we greatly appreciated her attention to detail and clear... communication throughout the process. We would gladly work with her again or recommend her to others. Thanks Alice!read more
Natalie Dugec
Natalie Dugec
10:55 12 Apr 21
I am extremely grateful for the help I received from ADVIILAW. I required their services for a defamation case and... their services exceeded my expectations. At any time I needed them they were always available to help promptly and did so with a high level of professionalism. Zoran Gelic is great to work with. He explained every step in detail so that I could clearly comprehend and make informed decisions to support my case. This assisted with the positive outcome. If you need a lawyer. I highly recommend ADVIILAWread more
Michael Zarafa
Michael Zarafa
21:56 01 Apr 21
I highly recommend Zoran Gelic as a defamation lawyer. He has a proactive approach and explains everything in detail. I... ended up with a positive outcome and the experience I had with him was fantastic. Keep up the great work Zoran.read more
Rodney McEwan
Rodney McEwan
08:26 31 Mar 21
I can highly recommend Zoran Gelic from Adviilaw who attended to a defamation matter on our behalf. Zoran was extremely... knowledgeable, helpful and professional in resolving this matter. I can highly recommend Zoran Gelic to anyone in need of a lawyer, specifically in relation to defamation law matters.read more
Rin Kim
Rin Kim
06:41 01 Mar 21
Excellent services. I highly recommend AdviiLaw for any commercial legal help.
Carly McClintock
Carly McClintock
10:24 21 Dec 20
Alice was very professional, efficient and knowledgeable with her work, while helping us understand the process in... buying our first home. I highly recommend AdviiLaw for all your conveyancing needs.read more
Bill Vo
Bill Vo
22:03 01 Dec 20
Thank you Alice for your dedication and attention to detail towards our first home loan! Alice came highly recommended... by our broker and from day 1 Alice was very professional and courteous.Alice literally went above and beyond throughout the entire process to ensure the outcome would be in our best interest.I highly recommend to contact AdviiLaw, not just for conveyancing but for other solicitor services too!Thank you again Alice!read more
Next Reviews