Starting a Court action
Where can I start my Court action?
A proceeding in a Court may be started in any central registry of the Court.
Under the Uniform Civil Procedure Rules 1999 (Qld) (‘UCPR’), ‘central registry’ means:
- for the Supreme Court of Queensland, the registry of the court at Brisbane, Rockhampton, Townsville or Cairns; or
- for the District Court of Queensland, the registry of the court at Brisbane, Rockhampton, Townsville or Cairns; or
- for a Magistrates Court of Queensland, the registry of a Magistrates Court in the central division of the Brisbane District, or at Rockhampton, Townsville or Cairns.
However, if you wish to start a Court action other than in a central registry, then, the general rule is that you must start the proceeding before a Court in one (1) of the following districts:
- the district in which the defendant or respondent lives or carries on business;
- if there is more than one (1) defendant or respondent, the district in which one (1) or more of the defendants or respondents live or carry on business;
- if the parties to a proceeding to be started in a Magistrates Court or the District Court consent in writing and file the consent with the registrar:
- for a Magistrates Court, any Magistrates Courts district; or
- for the District Court, any district of the District Court;
- if a defendant has agreed or undertaken in writing to pay a debt or another amount at a particular place, the district in which the place is located;
- the district in which all or part of the claim or cause of action arose; or
- if the proceeding is a claim for the recovery of possession of land, the district in which the land is located.
Objection to Venue
If a Court action is started before a Court other than in a central registry of the Court, then, the defendant or respondent to the Court proceeding may object to the starting of the Court proceeding:
- by application to the court for an order dismissing the proceeding or transferring the proceeding to another place at which the Court is held; and
- if the proceeding is started by claim, by including the objection in the defendant’s notice of intention to defend.
The Court may make any of the following orders on such an application:
- an order dismissing:
- the application;
- the proceeding; or
- an order transferring the proceeding to another place at which the court is held.
The parties to a Court proceeding may also apply for a consent order under rule 666 of the UCPR that the Court proceeding be transferred to another place at which the Court is held.
If you need legal assistance to start a Court proceeding, please contact AdviiLaw today to speak to one of our 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.