{"id":"qld:sl-2009-0253","name":"Queensland Civil and Administrative Tribunal Rules 2009","slug":"queensland-civil-and-administrative-tribunal-rules-2009","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"253 of 2009","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":175800,"registerId":"qld-qld:sl-2009-0253-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThese rules may be cited as the Queensland Civil and Administrative Tribunal Rules 2009 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThese rules commence on 1 December 2009.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Philosophy","content":"### sec.3 Philosophy\n\nThe purpose of these rules is—\nto ensure matters before the tribunal are dealt with in a way that is accessible, fair, just, economical, informal and quick; and\nwithout limiting paragraph (a) , to guide the tribunal and parties to proceedings to resolve disputes consistently, economically and quickly, while allowing flexibility to cater for different needs of particular parties.\nAccordingly, these rules are—\nto provide for procedures that—\nare the same for all proceedings, except where special procedures are required for proceedings for a particular class of matters to ensure the proper conduct of the proceedings; and\ndo not involve unnecessary and burdensome requirements; and\nto be applied by the tribunal with the objectives of—\nencouraging the early and economical resolution of disputes before the tribunal, including, if appropriate, through alternative dispute resolution processes; and\nconducting proceedings in an informal way that minimises costs to parties, and is as quick as is consistent with achieving justice; and\nrecognising, and being responsive to, the diverse needs of persons who use the tribunal; and\nfor exercising its discretion under section 35 (6) or (7) or 61 of the Act , recognising that strict compliance with a procedural requirement in these rules may not always be necessary.\nUnder section 35 (6) or (7) of the Act , the tribunal may (on application by the principal registrar on his or her own initiative or at the request of the applicant) direct the principal registrar to accept an application or referral on stated conditions or no conditions.\nUnder section 61 of the Act the tribunal may (on its own initiative or on application by a party) waive compliance with a procedural requirement under these rules.\n(sec.3-ssec.1) The purpose of these rules is— to ensure matters before the tribunal are dealt with in a way that is accessible, fair, just, economical, informal and quick; and without limiting paragraph (a) , to guide the tribunal and parties to proceedings to resolve disputes consistently, economically and quickly, while allowing flexibility to cater for different needs of particular parties.\n(sec.3-ssec.2) Accordingly, these rules are— to provide for procedures that— are the same for all proceedings, except where special procedures are required for proceedings for a particular class of matters to ensure the proper conduct of the proceedings; and do not involve unnecessary and burdensome requirements; and to be applied by the tribunal with the objectives of— encouraging the early and economical resolution of disputes before the tribunal, including, if appropriate, through alternative dispute resolution processes; and conducting proceedings in an informal way that minimises costs to parties, and is as quick as is consistent with achieving justice; and recognising, and being responsive to, the diverse needs of persons who use the tribunal; and for exercising its discretion under section 35 (6) or (7) or 61 of the Act , recognising that strict compliance with a procedural requirement in these rules may not always be necessary. Under section 35 (6) or (7) of the Act , the tribunal may (on application by the principal registrar on his or her own initiative or at the request of the applicant) direct the principal registrar to accept an application or referral on stated conditions or no conditions. Under section 61 of the Act the tribunal may (on its own initiative or on application by a party) waive compliance with a procedural requirement under these rules.\n- (a) to ensure matters before the tribunal are dealt with in a way that is accessible, fair, just, economical, informal and quick; and\n- (b) without limiting paragraph (a) , to guide the tribunal and parties to proceedings to resolve disputes consistently, economically and quickly, while allowing flexibility to cater for different needs of particular parties.\n- (a) to provide for procedures that— (i) are the same for all proceedings, except where special procedures are required for proceedings for a particular class of matters to ensure the proper conduct of the proceedings; and (ii) do not involve unnecessary and burdensome requirements; and\n- (i) are the same for all proceedings, except where special procedures are required for proceedings for a particular class of matters to ensure the proper conduct of the proceedings; and\n- (ii) do not involve unnecessary and burdensome requirements; and\n- (b) to be applied by the tribunal with the objectives of— (i) encouraging the early and economical resolution of disputes before the tribunal, including, if appropriate, through alternative dispute resolution processes; and (ii) conducting proceedings in an informal way that minimises costs to parties, and is as quick as is consistent with achieving justice; and (iii) recognising, and being responsive to, the diverse needs of persons who use the tribunal; and (iv) for exercising its discretion under section 35 (6) or (7) or 61 of the Act , recognising that strict compliance with a procedural requirement in these rules may not always be necessary. Notes— 1 Under section 35 (6) or (7) of the Act , the tribunal may (on application by the principal registrar on his or her own initiative or at the request of the applicant) direct the principal registrar to accept an application or referral on stated conditions or no conditions. 2 Under section 61 of the Act the tribunal may (on its own initiative or on application by a party) waive compliance with a procedural requirement under these rules.\n- (i) encouraging the early and economical resolution of disputes before the tribunal, including, if appropriate, through alternative dispute resolution processes; and\n- (ii) conducting proceedings in an informal way that minimises costs to parties, and is as quick as is consistent with achieving justice; and\n- (iii) recognising, and being responsive to, the diverse needs of persons who use the tribunal; and\n- (iv) for exercising its discretion under section 35 (6) or (7) or 61 of the Act , recognising that strict compliance with a procedural requirement in these rules may not always be necessary. Notes— 1 Under section 35 (6) or (7) of the Act , the tribunal may (on application by the principal registrar on his or her own initiative or at the request of the applicant) direct the principal registrar to accept an application or referral on stated conditions or no conditions. 2 Under section 61 of the Act the tribunal may (on its own initiative or on application by a party) waive compliance with a procedural requirement under these rules.\n- 1 Under section 35 (6) or (7) of the Act , the tribunal may (on application by the principal registrar on his or her own initiative or at the request of the applicant) direct the principal registrar to accept an application or referral on stated conditions or no conditions.\n- 2 Under section 61 of the Act the tribunal may (on its own initiative or on application by a party) waive compliance with a procedural requirement under these rules.\n- (i) are the same for all proceedings, except where special procedures are required for proceedings for a particular class of matters to ensure the proper conduct of the proceedings; and\n- (ii) do not involve unnecessary and burdensome requirements; and\n- (i) encouraging the early and economical resolution of disputes before the tribunal, including, if appropriate, through alternative dispute resolution processes; and\n- (ii) conducting proceedings in an informal way that minimises costs to parties, and is as quick as is consistent with achieving justice; and\n- (iii) recognising, and being responsive to, the diverse needs of persons who use the tribunal; and\n- (iv) for exercising its discretion under section 35 (6) or (7) or 61 of the Act , recognising that strict compliance with a procedural requirement in these rules may not always be necessary. Notes— 1 Under section 35 (6) or (7) of the Act , the tribunal may (on application by the principal registrar on his or her own initiative or at the request of the applicant) direct the principal registrar to accept an application or referral on stated conditions or no conditions. 2 Under section 61 of the Act the tribunal may (on its own initiative or on application by a party) waive compliance with a procedural requirement under these rules.\n- 1 Under section 35 (6) or (7) of the Act , the tribunal may (on application by the principal registrar on his or her own initiative or at the request of the applicant) direct the principal registrar to accept an application or referral on stated conditions or no conditions.\n- 2 Under section 61 of the Act the tribunal may (on its own initiative or on application by a party) waive compliance with a procedural requirement under these rules.\n- 1 Under section 35 (6) or (7) of the Act , the tribunal may (on application by the principal registrar on his or her own initiative or at the request of the applicant) direct the principal registrar to accept an application or referral on stated conditions or no conditions.\n- 2 Under section 61 of the Act the tribunal may (on its own initiative or on application by a party) waive compliance with a procedural requirement under these rules.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Dictionary","content":"### sec.4 Dictionary\n\nThe dictionary in the schedule defines particular terms used in these rules.","sortOrder":4},{"sectionNumber":"pt.2","sectionType":"part","heading":"Provisions about tribunal generally","content":"# Provisions about tribunal generally","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Divisions of tribunal etc.","content":"### sec.5 Divisions of tribunal etc.\n\nThe tribunal is to exercise its functions in divisions.\nFor subrule (1) , the following divisions of the tribunal are established—\nthe human rights division;\nthe administrative and disciplinary division;\nthe civil disputes division.\nThe president may, by a practice direction, establish lists within each division of the tribunal.\n(sec.5-ssec.1) The tribunal is to exercise its functions in divisions.\n(sec.5-ssec.2) For subrule (1) , the following divisions of the tribunal are established— the human rights division; the administrative and disciplinary division; the civil disputes division.\n(sec.5-ssec.3) The president may, by a practice direction, establish lists within each division of the tribunal.\n- (a) the human rights division;\n- (b) the administrative and disciplinary division;\n- (c) the civil disputes division.","sortOrder":6},{"sectionNumber":"sec.6","sectionType":"section","heading":"Operation of divisions of tribunal etc.","content":"### sec.6 Operation of divisions of tribunal etc.\n\nThe president may make a practice direction about operational and procedural matters for the tribunal’s divisions or, if lists are established under rule 5 (3) , the lists within the tribunal’s divisions, including procedures for all or any of the following—\nentering matters on the divisions or lists;\ntransferring matters between divisions or lists;\nnominating heads of the divisions or lists;\nallocating members to a division or list.\n- (a) entering matters on the divisions or lists;\n- (b) transferring matters between divisions or lists;\n- (c) nominating heads of the divisions or lists;\n- (d) allocating members to a division or list.","sortOrder":7},{"sectionNumber":"pt.3","sectionType":"part","heading":"Starting proceedings","content":"# Starting proceedings","sortOrder":8},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Making application or referral generally","content":"## Making application or referral generally","sortOrder":9},{"sectionNumber":"sec.7","sectionType":"section","heading":"Form of application","content":"### sec.7 Form of application\n\nAn application to the tribunal to deal with a matter must be made—\nin the approved form; or\nif the application is filed electronically under rule 24 and a practice direction prescribes the form to be used—in that form; or\notherwise—in the way stated in rule 10 .\nUnder section 33 of the Act , the application must state the reasons for the application and be filed.\nThe approved form for subrule (1) (a) must provide for the inclusion of the applicant’s statement of address for service.\nr 7 amd 2016 SL No. 19 s 9\n(sec.7-ssec.1) An application to the tribunal to deal with a matter must be made— in the approved form; or if the application is filed electronically under rule 24 and a practice direction prescribes the form to be used—in that form; or otherwise—in the way stated in rule 10 . Under section 33 of the Act , the application must state the reasons for the application and be filed.\n(sec.7-ssec.2) The approved form for subrule (1) (a) must provide for the inclusion of the applicant’s statement of address for service.\n- (a) in the approved form; or\n- (b) if the application is filed electronically under rule 24 and a practice direction prescribes the form to be used—in that form; or\n- (c) otherwise—in the way stated in rule 10 .","sortOrder":10},{"sectionNumber":"sec.8","sectionType":"section","heading":"Filing application for tenancy matters","content":"### sec.8 Filing application for tenancy matters\n\nAn application for a minor civil dispute that is a tenancy matter may be filed only in—\nthe registry of the tribunal closest to the relevant residential or rental premises; or\nthe registry of the tribunal in Brisbane.\nAt the commencement of this rule, the registry was at 259 Queen Street, Brisbane.\n- (a) the registry of the tribunal closest to the relevant residential or rental premises; or\n- (b) the registry of the tribunal in Brisbane. Note— At the commencement of this rule, the registry was at 259 Queen Street, Brisbane.","sortOrder":11},{"sectionNumber":"sec.9","sectionType":"section","heading":"Referring matter","content":"### sec.9 Referring matter\n\nThe referral of a matter to the tribunal must be—\nmade—\nin the approved form; or\nif the referral is filed electronically under rule 24 and a practice direction prescribes the form to be used—in that form; or\notherwise—in the way stated in rule 10 ; and\nfiled.\nWhen the referral is made, the applicant must—\nfile a statement of address for service; and\ngive a copy of the statement to each person to whom a copy of the application or referral was given under section 37 of the Act .\nr 9 amd 2016 SL No. 19 s 10\n(sec.9-ssec.1) The referral of a matter to the tribunal must be— made— in the approved form; or if the referral is filed electronically under rule 24 and a practice direction prescribes the form to be used—in that form; or otherwise—in the way stated in rule 10 ; and filed.\n(sec.9-ssec.2) When the referral is made, the applicant must— file a statement of address for service; and give a copy of the statement to each person to whom a copy of the application or referral was given under section 37 of the Act .\n- (a) made— (i) in the approved form; or (ii) if the referral is filed electronically under rule 24 and a practice direction prescribes the form to be used—in that form; or (iii) otherwise—in the way stated in rule 10 ; and\n- (i) in the approved form; or\n- (ii) if the referral is filed electronically under rule 24 and a practice direction prescribes the form to be used—in that form; or\n- (iii) otherwise—in the way stated in rule 10 ; and\n- (b) filed.\n- (i) in the approved form; or\n- (ii) if the referral is filed electronically under rule 24 and a practice direction prescribes the form to be used—in that form; or\n- (iii) otherwise—in the way stated in rule 10 ; and\n- (a) file a statement of address for service; and\n- (b) give a copy of the statement to each person to whom a copy of the application or referral was given under section 37 of the Act .","sortOrder":12},{"sectionNumber":"sec.10","sectionType":"section","heading":"Making application or referral if no approved form","content":"### sec.10 Making application or referral if no approved form\n\nThis rule applies if there is no approved form for—\nan application to the tribunal to deal with a particular matter; or\nthe referral to the tribunal of a particular matter.\nThe application or referral must—\nbe made in writing; and\nbe signed by the applicant; and\ncontain the following—\nthe applicant’s name and contact details;\nSee rule 11 (3) to (5) for applications or referrals made by joint applicants.\nif the applicant is not an individual—the name and contact details of the person who is to appear for the applicant as allowed under part 7 , division 1 ;\nif the applicant has a representative—the name and contact details of the representative;\nthe name of the respondent to the application or referral and the respondent’s contact details that are known to the applicant;\nthe type of application or referral being made and the reasons or grounds for it, including the provision of the Act or enabling Act under which it is made;\nthe tribunal decision or other remedy sought and the reasons for seeking it; and\nfor an application for a minor debt claim—include a statement of—\nthe amount or amounts claimed (including interest and, if the applicant wants to claim it, the filing fee for the application); and\nhow the amount is worked out and came to be owing; and\nsubject to paragraph (f) , for an application for recovering a debt or liquidated demand of money from a person—include a statement telling the respondent—\na response to the application must be made within the period applying to the application under rule 44 or 45 ; and\nthat if the respondent does not respond to the application within the period mentioned in subparagraph (i) , a decision by default may be made against the respondent under section 50 of the Act ; and\nfor an application claiming recovery of an amount consisting of, or including, unliquidated damages from a person—include a statement telling the respondent—\na response to the application must be made within the period applying to the application under rule 44 or 45 ; and\nthat if the respondent does not respond to the application within the period mentioned in subparagraph (i) , a decision by default may be made against the respondent under section 50A of the Act ; and\ncontain, or be accompanied by, the applicant’s statement of address.\nUnder section 33 of the Act , the application must state the reasons for the application and be filed.\nr 10 amd 2013 SL No. 292 s 4\n(sec.10-ssec.1) This rule applies if there is no approved form for— an application to the tribunal to deal with a particular matter; or the referral to the tribunal of a particular matter.\n(sec.10-ssec.2) The application or referral must— be made in writing; and be signed by the applicant; and contain the following— the applicant’s name and contact details; See rule 11 (3) to (5) for applications or referrals made by joint applicants. if the applicant is not an individual—the name and contact details of the person who is to appear for the applicant as allowed under part 7 , division 1 ; if the applicant has a representative—the name and contact details of the representative; the name of the respondent to the application or referral and the respondent’s contact details that are known to the applicant; the type of application or referral being made and the reasons or grounds for it, including the provision of the Act or enabling Act under which it is made; the tribunal decision or other remedy sought and the reasons for seeking it; and for an application for a minor debt claim—include a statement of— the amount or amounts claimed (including interest and, if the applicant wants to claim it, the filing fee for the application); and how the amount is worked out and came to be owing; and subject to paragraph (f) , for an application for recovering a debt or liquidated demand of money from a person—include a statement telling the respondent— a response to the application must be made within the period applying to the application under rule 44 or 45 ; and that if the respondent does not respond to the application within the period mentioned in subparagraph (i) , a decision by default may be made against the respondent under section 50 of the Act ; and for an application claiming recovery of an amount consisting of, or including, unliquidated damages from a person—include a statement telling the respondent— a response to the application must be made within the period applying to the application under rule 44 or 45 ; and that if the respondent does not respond to the application within the period mentioned in subparagraph (i) , a decision by default may be made against the respondent under section 50A of the Act ; and contain, or be accompanied by, the applicant’s statement of address. Under section 33 of the Act , the application must state the reasons for the application and be filed.\n- (a) an application to the tribunal to deal with a particular matter; or\n- (b) the referral to the tribunal of a particular matter.\n- (a) be made in writing; and\n- (b) be signed by the applicant; and\n- (c) contain the following— (i) the applicant’s name and contact details; Note— See rule 11 (3) to (5) for applications or referrals made by joint applicants. (ii) if the applicant is not an individual—the name and contact details of the person who is to appear for the applicant as allowed under part 7 , division 1 ; (iii) if the applicant has a representative—the name and contact details of the representative; (iv) the name of the respondent to the application or referral and the respondent’s contact details that are known to the applicant; (v) the type of application or referral being made and the reasons or grounds for it, including the provision of the Act or enabling Act under which it is made; (vi) the tribunal decision or other remedy sought and the reasons for seeking it; and\n- (i) the applicant’s name and contact details; Note— See rule 11 (3) to (5) for applications or referrals made by joint applicants.\n- (ii) if the applicant is not an individual—the name and contact details of the person who is to appear for the applicant as allowed under part 7 , division 1 ;\n- (iii) if the applicant has a representative—the name and contact details of the representative;\n- (iv) the name of the respondent to the application or referral and the respondent’s contact details that are known to the applicant;\n- (v) the type of application or referral being made and the reasons or grounds for it, including the provision of the Act or enabling Act under which it is made;\n- (vi) the tribunal decision or other remedy sought and the reasons for seeking it; and\n- (d) for an application for a minor debt claim—include a statement of— (i) the amount or amounts claimed (including interest and, if the applicant wants to claim it, the filing fee for the application); and (ii) how the amount is worked out and came to be owing; and\n- (i) the amount or amounts claimed (including interest and, if the applicant wants to claim it, the filing fee for the application); and\n- (ii) how the amount is worked out and came to be owing; and\n- (e) subject to paragraph (f) , for an application for recovering a debt or liquidated demand of money from a person—include a statement telling the respondent— (i) a response to the application must be made within the period applying to the application under rule 44 or 45 ; and (ii) that if the respondent does not respond to the application within the period mentioned in subparagraph (i) , a decision by default may be made against the respondent under section 50 of the Act ; and\n- (i) a response to the application must be made within the period applying to the application under rule 44 or 45 ; and\n- (ii) that if the respondent does not respond to the application within the period mentioned in subparagraph (i) , a decision by default may be made against the respondent under section 50 of the Act ; and\n- (f) for an application claiming recovery of an amount consisting of, or including, unliquidated damages from a person—include a statement telling the respondent— (i) a response to the application must be made within the period applying to the application under rule 44 or 45 ; and (ii) that if the respondent does not respond to the application within the period mentioned in subparagraph (i) , a decision by default may be made against the respondent under section 50A of the Act ; and\n- (i) a response to the application must be made within the period applying to the application under rule 44 or 45 ; and\n- (ii) that if the respondent does not respond to the application within the period mentioned in subparagraph (i) , a decision by default may be made against the respondent under section 50A of the Act ; and\n- (g) contain, or be accompanied by, the applicant’s statement of address. Note— Under section 33 of the Act , the application must state the reasons for the application and be filed.\n- (i) the applicant’s name and contact details; Note— See rule 11 (3) to (5) for applications or referrals made by joint applicants.\n- (ii) if the applicant is not an individual—the name and contact details of the person who is to appear for the applicant as allowed under part 7 , division 1 ;\n- (iii) if the applicant has a representative—the name and contact details of the representative;\n- (iv) the name of the respondent to the application or referral and the respondent’s contact details that are known to the applicant;\n- (v) the type of application or referral being made and the reasons or grounds for it, including the provision of the Act or enabling Act under which it is made;\n- (vi) the tribunal decision or other remedy sought and the reasons for seeking it; and\n- (i) the amount or amounts claimed (including interest and, if the applicant wants to claim it, the filing fee for the application); and\n- (ii) how the amount is worked out and came to be owing; and\n- (i) a response to the application must be made within the period applying to the application under rule 44 or 45 ; and\n- (ii) that if the respondent does not respond to the application within the period mentioned in subparagraph (i) , a decision by default may be made against the respondent under section 50 of the Act ; and\n- (i) a response to the application must be made within the period applying to the application under rule 44 or 45 ; and\n- (ii) that if the respondent does not respond to the application within the period mentioned in subparagraph (i) , a decision by default may be made against the respondent under section 50A of the Act ; and","sortOrder":13},{"sectionNumber":"sec.11","sectionType":"section","heading":"Joint applications or referrals","content":"### sec.11 Joint applications or referrals\n\nTwo or more individuals or other entities may make a joint application to the tribunal to deal with a matter arising out of the same or similar facts or circumstances.\nA joint referral of a matter arising out of the same or similar facts or circumstances may be made to the tribunal for 2 or more individuals or other entities.\nIf the Act , an enabling Act or these rules require an application or referral to state the name or contact details of an applicant or an applicant’s representative (the relevant details ), a joint application or joint referral must contain the relevant details for each applicant.\nA joint application or joint referral must state the applicant to whom a document is to be given under the Act , an enabling Act or these rules, and a statement of address for service for only that applicant is required for the application or referral.\nA joint application or joint referral must state the name of the applicant who is to appear in the proceeding for the applicants.\nSee also rule 56 .\nA joint application or joint referral must be signed by each applicant.\n(sec.11-ssec.1) Two or more individuals or other entities may make a joint application to the tribunal to deal with a matter arising out of the same or similar facts or circumstances.\n(sec.11-ssec.2) A joint referral of a matter arising out of the same or similar facts or circumstances may be made to the tribunal for 2 or more individuals or other entities.\n(sec.11-ssec.3) If the Act , an enabling Act or these rules require an application or referral to state the name or contact details of an applicant or an applicant’s representative (the relevant details ), a joint application or joint referral must contain the relevant details for each applicant.\n(sec.11-ssec.4) A joint application or joint referral must state the applicant to whom a document is to be given under the Act , an enabling Act or these rules, and a statement of address for service for only that applicant is required for the application or referral.\n(sec.11-ssec.5) A joint application or joint referral must state the name of the applicant who is to appear in the proceeding for the applicants. See also rule 56 .\n(sec.11-ssec.6) A joint application or joint referral must be signed by each applicant.","sortOrder":14},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Starting proceeding as or against a partnership","content":"## Starting proceeding as or against a partnership","sortOrder":15},{"sectionNumber":"sec.12","sectionType":"section","heading":"Proceeding in partnership name","content":"### sec.12 Proceeding in partnership name\n\nTwo or more partners may start a proceeding in the partnership name.\nA proceeding against persons alleged to be partners may be brought against the alleged partnership in the partnership name.\nThe partnership name used in a partnership proceeding must be the name of the partnership when the matter the subject of the proceeding arose.\nFor a partnership registered under the Partnership Act 1891 , the name of the partnership when the matter the subject of the proceeding arose is the name in which the partnership was registered when the matter arose.\nUnless the tribunal orders otherwise, a partnership proceeding must continue in the partnership name and not in the name of the individual partners.\n(sec.12-ssec.1) Two or more partners may start a proceeding in the partnership name.\n(sec.12-ssec.2) A proceeding against persons alleged to be partners may be brought against the alleged partnership in the partnership name.\n(sec.12-ssec.3) The partnership name used in a partnership proceeding must be the name of the partnership when the matter the subject of the proceeding arose.\n(sec.12-ssec.4) For a partnership registered under the Partnership Act 1891 , the name of the partnership when the matter the subject of the proceeding arose is the name in which the partnership was registered when the matter arose.\n(sec.12-ssec.5) Unless the tribunal orders otherwise, a partnership proceeding must continue in the partnership name and not in the name of the individual partners.","sortOrder":16},{"sectionNumber":"sec.13","sectionType":"section","heading":"Disclosure of partners’ names","content":"### sec.13 Disclosure of partners’ names\n\nAt any stage of a partnership proceeding, a party may by written notice require the partnership to give the names and places of residence of the persons who were partners in the partnership when the matter the subject of the proceeding arose.\nThe notice must state a time of not less than 2 business days after the notice is given to the partnership for compliance with the notice.\nIf the partnership does not give the information as required by this rule, the tribunal may make an order it considers appropriate, including the following—\nan order staying the proceeding until the information is supplied;\nif the partnership is the applicant for the proceeding—an order dismissing or striking out the proceeding or a part of the proceeding;\nif the partnership is the respondent for the proceeding—an order striking out the partnership’s response to the application or referral for the proceeding.\n(sec.13-ssec.1) At any stage of a partnership proceeding, a party may by written notice require the partnership to give the names and places of residence of the persons who were partners in the partnership when the matter the subject of the proceeding arose.\n(sec.13-ssec.2) The notice must state a time of not less than 2 business days after the notice is given to the partnership for compliance with the notice.\n(sec.13-ssec.3) If the partnership does not give the information as required by this rule, the tribunal may make an order it considers appropriate, including the following— an order staying the proceeding until the information is supplied; if the partnership is the applicant for the proceeding—an order dismissing or striking out the proceeding or a part of the proceeding; if the partnership is the respondent for the proceeding—an order striking out the partnership’s response to the application or referral for the proceeding.\n- (a) an order staying the proceeding until the information is supplied;\n- (b) if the partnership is the applicant for the proceeding—an order dismissing or striking out the proceeding or a part of the proceeding;\n- (c) if the partnership is the respondent for the proceeding—an order striking out the partnership’s response to the application or referral for the proceeding.","sortOrder":17},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":"Starting proceeding against a business","content":"## Starting proceeding against a business","sortOrder":18},{"sectionNumber":"sec.14","sectionType":"section","heading":"Starting proceeding against registered business name","content":"### sec.14 Starting proceeding against registered business name\n\nIf a proceeding is brought against an entity in relation to a business carried on by the entity under a name that is registered on the Business Names Register, the proceeding may be started against the business name registered on the Business Names Register.\nr 14 sub 2012 SL No. 59 s 4","sortOrder":19},{"sectionNumber":"sec.15","sectionType":"section","heading":"Proceeding in business name if unregistered","content":"### sec.15 Proceeding in business name if unregistered\n\nThis rule applies if—\na proceeding is brought against a person in relation to a business carried on by the person under a name other than the person’s own name; and\nthe name is not registered on the Business Names Register.\nThe proceeding may be started against the person in the name under which the person carries on business.\nThe name under which the business is carried on is sufficient designation of the person in a document filed in the proceeding.\nAn order in the proceeding may be enforced against the person.\nSee, however, rule 16 (4) .\nr 15 sub 2012 SL No. 59 s 5\n(sec.15-ssec.1) This rule applies if— a proceeding is brought against a person in relation to a business carried on by the person under a name other than the person’s own name; and the name is not registered on the Business Names Register.\n(sec.15-ssec.2) The proceeding may be started against the person in the name under which the person carries on business.\n(sec.15-ssec.3) The name under which the business is carried on is sufficient designation of the person in a document filed in the proceeding.\n(sec.15-ssec.4) An order in the proceeding may be enforced against the person. See, however, rule 16 (4) .\n- (a) a proceeding is brought against a person in relation to a business carried on by the person under a name other than the person’s own name; and\n- (b) the name is not registered on the Business Names Register.","sortOrder":20},{"sectionNumber":"sec.16","sectionType":"section","heading":"Amendment as to parties if business name unregistered","content":"### sec.16 Amendment as to parties if business name unregistered\n\nThis rule applies if—\na proceeding is brought against a person in relation to a business carried on by the person under a name other than the person’s own name; and\nthe name is not registered on the Business Names Register.\nThe applicant must, as soon as practicable, take all reasonable steps to find out the name of the persons carrying on the business under the name in question.\nThe applicant must also, as far as practicable, amend documents that have been, or are to be, filed in the proceeding so the proceeding is continued against a named respondent and not in the name under which the business was carried on.\nUntil the amendments are made, the applicant must not take a step in the proceeding, other than in compliance with section 37 of the Act or this rule, unless the applicant has the tribunal’s leave.\nSection 37 of the Act requires an applicant for an application or referral to give a copy of the application or referral to particular persons, including each party to the proceeding.\nThe applicant must give notice of the amendments to—\neach party to the proceeding; and\neach other person to whom the notice of the amendments must be given under an enabling Act; and\nany person the tribunal directs to be given the notice of amendments.\nr 16 amd 2012 SL No. 59 s 6\n(sec.16-ssec.1) This rule applies if— a proceeding is brought against a person in relation to a business carried on by the person under a name other than the person’s own name; and the name is not registered on the Business Names Register.\n(sec.16-ssec.2) The applicant must, as soon as practicable, take all reasonable steps to find out the name of the persons carrying on the business under the name in question.\n(sec.16-ssec.3) The applicant must also, as far as practicable, amend documents that have been, or are to be, filed in the proceeding so the proceeding is continued against a named respondent and not in the name under which the business was carried on.\n(sec.16-ssec.4) Until the amendments are made, the applicant must not take a step in the proceeding, other than in compliance with section 37 of the Act or this rule, unless the applicant has the tribunal’s leave. Section 37 of the Act requires an applicant for an application or referral to give a copy of the application or referral to particular persons, including each party to the proceeding.\n(sec.16-ssec.5) The applicant must give notice of the amendments to— each party to the proceeding; and each other person to whom the notice of the amendments must be given under an enabling Act; and any person the tribunal directs to be given the notice of amendments.\n- (a) a proceeding is brought against a person in relation to a business carried on by the person under a name other than the person’s own name; and\n- (b) the name is not registered on the Business Names Register.\n- (a) each party to the proceeding; and\n- (b) each other person to whom the notice of the amendments must be given under an enabling Act; and\n- (c) any person the tribunal directs to be given the notice of amendments.","sortOrder":21},{"sectionNumber":"pt.3-div.4","sectionType":"division","heading":"Acceptance or rejection of application or referral","content":"## Acceptance or rejection of application or referral","sortOrder":22},{"sectionNumber":"sec.17","sectionType":"section","heading":"Request for review of principal registrar’s decision","content":"### sec.17 Request for review of principal registrar’s decision\n\nThis rule applies if—\nunder section 35 (2) of the Act , the principal registrar—\nrejects an application or referral; or\naccepts an application or referral on conditions; and\nunder section 35 (4) of the Act , the applicant proposes to request the principal registrar to refer the decision to the tribunal for review.\nThe request must be made within 14 days after the applicant is given notice of the ability to make the request under section 35 (4) (a) of the Act .\n(sec.17-ssec.1) This rule applies if— under section 35 (2) of the Act , the principal registrar— rejects an application or referral; or accepts an application or referral on conditions; and under section 35 (4) of the Act , the applicant proposes to request the principal registrar to refer the decision to the tribunal for review.\n(sec.17-ssec.2) The request must be made within 14 days after the applicant is given notice of the ability to make the request under section 35 (4) (a) of the Act .\n- (a) under section 35 (2) of the Act , the principal registrar— (i) rejects an application or referral; or (ii) accepts an application or referral on conditions; and\n- (i) rejects an application or referral; or\n- (ii) accepts an application or referral on conditions; and\n- (b) under section 35 (4) of the Act , the applicant proposes to request the principal registrar to refer the decision to the tribunal for review.\n- (i) rejects an application or referral; or\n- (ii) accepts an application or referral on conditions; and","sortOrder":23},{"sectionNumber":"sec.18","sectionType":"section","heading":"Conditions that may be imposed","content":"### sec.18 Conditions that may be imposed\n\nFor section 35 of the Act , the principal registrar may accept an application or referral on 1 or more of the following conditions—\nthat a stated document required to be filed with the application or referral is filed within a stated time;\nthat a document containing stated information required to be included in the application or referral is filed within a stated time;\nthat an application or referral is amended to include stated information required to be included in the application or referral, and the amended application or referral is filed within a stated time.\nIn this rule—\nrequired means required under the Act , an enabling Act or these rules.\n(sec.18-ssec.1) For section 35 of the Act , the principal registrar may accept an application or referral on 1 or more of the following conditions— that a stated document required to be filed with the application or referral is filed within a stated time; that a document containing stated information required to be included in the application or referral is filed within a stated time; that an application or referral is amended to include stated information required to be included in the application or referral, and the amended application or referral is filed within a stated time.\n(sec.18-ssec.2) In this rule— required means required under the Act , an enabling Act or these rules.\n- (a) that a stated document required to be filed with the application or referral is filed within a stated time;\n- (b) that a document containing stated information required to be included in the application or referral is filed within a stated time;\n- (c) that an application or referral is amended to include stated information required to be included in the application or referral, and the amended application or referral is filed within a stated time.","sortOrder":24},{"sectionNumber":"pt.3-div.5","sectionType":"division","heading":"Notice of application or referral","content":"## Notice of application or referral","sortOrder":25},{"sectionNumber":"sec.19","sectionType":"section","heading":"Period within which notice must be given","content":"### sec.19 Period within which notice must be given\n\nA copy of an application or referral given to an entity under section 37 (2) or (3) (a) of the Act must be given—\nif an enabling Act or another provision of these rules states the period within which the copy must be given—within the stated period; or\notherwise—\nfor an application for an order under section 58 or 59 of the Act —as soon as practicable but at least 2 days before the application is to be heard; or\nfor another application or a referral—as soon as practicable but no later than the prescribed period after the application or referral is accepted under section 35 of the Act .\nUnder section 61 of the Act , the tribunal may (on its own initiative or on application by a party) extend or shorten the period within which the copy must be given.\nIn this rule—\nprescribed period , for giving a copy of an application or referral to an entity, means—\nif the copy is of an application for a minor debt claim—90 days; or\nif the copy is not of an application for a minor debt claim and, under an enabling Act or these rules, the copy must be given by delivering it personally to the entity—28 days; or\notherwise—7 days.\nr 19 amd 2016 SL No. 19 s 11\n(sec.19-ssec.1) A copy of an application or referral given to an entity under section 37 (2) or (3) (a) of the Act must be given— if an enabling Act or another provision of these rules states the period within which the copy must be given—within the stated period; or otherwise— for an application for an order under section 58 or 59 of the Act —as soon as practicable but at least 2 days before the application is to be heard; or for another application or a referral—as soon as practicable but no later than the prescribed period after the application or referral is accepted under section 35 of the Act . Under section 61 of the Act , the tribunal may (on its own initiative or on application by a party) extend or shorten the period within which the copy must be given.\n(sec.19-ssec.2) In this rule— prescribed period , for giving a copy of an application or referral to an entity, means— if the copy is of an application for a minor debt claim—90 days; or if the copy is not of an application for a minor debt claim and, under an enabling Act or these rules, the copy must be given by delivering it personally to the entity—28 days; or otherwise—7 days. r 19 amd 2016 SL No. 19 s 11\n- (a) if an enabling Act or another provision of these rules states the period within which the copy must be given—within the stated period; or\n- (b) otherwise— (i) for an application for an order under section 58 or 59 of the Act —as soon as practicable but at least 2 days before the application is to be heard; or (ii) for another application or a referral—as soon as practicable but no later than the prescribed period after the application or referral is accepted under section 35 of the Act .\n- (i) for an application for an order under section 58 or 59 of the Act —as soon as practicable but at least 2 days before the application is to be heard; or\n- (ii) for another application or a referral—as soon as practicable but no later than the prescribed period after the application or referral is accepted under section 35 of the Act .\n- (i) for an application for an order under section 58 or 59 of the Act —as soon as practicable but at least 2 days before the application is to be heard; or\n- (ii) for another application or a referral—as soon as practicable but no later than the prescribed period after the application or referral is accepted under section 35 of the Act .\n- (a) if the copy is of an application for a minor debt claim—90 days; or\n- (b) if the copy is not of an application for a minor debt claim and, under an enabling Act or these rules, the copy must be given by delivering it personally to the entity—28 days; or\n- (c) otherwise—7 days.","sortOrder":26},{"sectionNumber":"sec.20","sectionType":"section","heading":"Notice given by principal registrar for particular proceedings","content":"### sec.20 Notice given by principal registrar for particular proceedings\n\nSubrule (2) applies if a proceeding is started for an application or referral made under any of the following—\nthe Adoption Act 2009 ;\nthe Anti-Discrimination Act 1991 , section 155 (4) , 164A (3) (a) , 166 (1) or 167 (4) (b) or (5) ;\nthe Child Protection Act 1999 ;\nthe Education and Care Services Act 2013 ;\nthe Education and Care Services National Law (Queensland);\nthe Public Guardian Act 2014 , section 133 ;\nthe Residential Tenancies and Rooming Accommodation Act 2008 ;\nthe Working with Children (Risk Management and Screening) Act 2000 .\nThe principal registrar must, within the period stated in rule 19 , give a copy of the application or referral to each relevant entity.\nUnder section 37 (3) (a) of the Act , the applicant is not required to give a copy of the application or referral to a person if the principal registrar has given the copy to the person.\nIn this rule—\nrelevant entity , for an application or referral, means each entity to whom a copy of the application or referral must be given under section 37 of the Act .\nr 20 amd 2011 SL No. 278 s 20 ; 2013 SL No. 265 s 81 sch 5 pt 2 ; 2014 SL No. 127 s 6 ; 2016 SL No. 19 s 12\n(sec.20-ssec.1) Subrule (2) applies if a proceeding is started for an application or referral made under any of the following— the Adoption Act 2009 ; the Anti-Discrimination Act 1991 , section 155 (4) , 164A (3) (a) , 166 (1) or 167 (4) (b) or (5) ; the Child Protection Act 1999 ; the Education and Care Services Act 2013 ; the Education and Care Services National Law (Queensland); the Public Guardian Act 2014 , section 133 ; the Residential Tenancies and Rooming Accommodation Act 2008 ; the Working with Children (Risk Management and Screening) Act 2000 .\n(sec.20-ssec.2) The principal registrar must, within the period stated in rule 19 , give a copy of the application or referral to each relevant entity. Under section 37 (3) (a) of the Act , the applicant is not required to give a copy of the application or referral to a person if the principal registrar has given the copy to the person.\n(sec.20-ssec.3) In this rule— relevant entity , for an application or referral, means each entity to whom a copy of the application or referral must be given under section 37 of the Act .\n- (a) the Adoption Act 2009 ;\n- (b) the Anti-Discrimination Act 1991 , section 155 (4) , 164A (3) (a) , 166 (1) or 167 (4) (b) or (5) ;\n- (c) the Child Protection Act 1999 ;\n- (d) the Education and Care Services Act 2013 ;\n- (e) the Education and Care Services National Law (Queensland);\n- (f) the Public Guardian Act 2014 , section 133 ;\n- (g) the Residential Tenancies and Rooming Accommodation Act 2008 ;\n- (h) the Working with Children (Risk Management and Screening) Act 2000 .","sortOrder":27},{"sectionNumber":"sec.20A","sectionType":"section","heading":"Additional notice requirements for proceedings about child protection matters","content":"### sec.20A Additional notice requirements for proceedings about child protection matters\n\nThis rule applies if a proceeding is started for an application or referral in relation to a child protection matter.\nThe principal registrar must, as soon as practicable after the principal registrar accepts the application or referral, give a copy of the application or referral to the public guardian.\nThe principal registrar is not required to give a copy of the application or referral to the public guardian if the public guardian is the applicant for the application or referral.\nThe applicant for the application or referral is exempt from the requirement under section 37 (2) of the Act to give a copy of the application or referral to the public guardian.\nIn this section—\nchild protection matter means a child protection matter within the meaning of the Public Guardian Act 2014 .\npublic guardian means the person appointed as the public guardian under the Public Guardian Act 2014 , section 94 .\nr 20A ins 2014 SL No. 127 s 7\n(sec.20A-ssec.1) This rule applies if a proceeding is started for an application or referral in relation to a child protection matter.\n(sec.20A-ssec.2) The principal registrar must, as soon as practicable after the principal registrar accepts the application or referral, give a copy of the application or referral to the public guardian.\n(sec.20A-ssec.3) The principal registrar is not required to give a copy of the application or referral to the public guardian if the public guardian is the applicant for the application or referral.\n(sec.20A-ssec.4) The applicant for the application or referral is exempt from the requirement under section 37 (2) of the Act to give a copy of the application or referral to the public guardian.\n(sec.20A-ssec.5) In this section— child protection matter means a child protection matter within the meaning of the Public Guardian Act 2014 . public guardian means the person appointed as the public guardian under the Public Guardian Act 2014 , section 94 .","sortOrder":28},{"sectionNumber":"sec.21","sectionType":"section","heading":"Alternative notice requirements for proceedings about persons with impaired capacity etc.","content":"### sec.21 Alternative notice requirements for proceedings about persons with impaired capacity etc.\n\nThis rule applies if a proceeding is started for an application or referral made under—\nthe Disability Services Act 2006 , section 178 (9) ; or\nthe Guardianship and Administration Act 2000 .\nThe applicant for the application or referral is exempt from the requirement under section 37 (2) of the Act to give a copy of the application or referral to an entity mentioned in the section.\nThe principal registrar must, within the period stated in rule 19 —\ngive a copy of the application or referral to the relevant adult, unless subrule (4) applies; and\ngive written notice of the application or referral to each of the following, unless the tribunal orders otherwise—\nthe members of the relevant adult’s family;\nany primary carer of the relevant adult;\nall current guardians and administrators for the relevant adult;\nall attorneys for the relevant adult;\nfor a proceeding under the Guardianship and Administration Act 2000 , chapter 5B —\nthe chief executive of the department in which the Disability Services Act 2006 is administered; and\na relevant service provider providing disability services to the relevant adult; and\nif the tribunal is aware the relevant adult is subject to a treatment authority, forensic order or treatment support order under the Mental Health Act 2016 —the chief psychiatrist appointed under that Act; and\nif the tribunal is aware the relevant adult is a forensic disability client within the meaning of the Forensic Disability Act 2011 —the director of forensic disability under that Act;\nanyone else the tribunal considers should be notified of the proceeding.\nThe principal registrar is not required to give a copy of the application or referral to the relevant adult if—\nthe tribunal considers that notifying the adult of the proceeding might be prejudicial to the physical or mental health or wellbeing of the adult; or\nthe tribunal considers the adult may evade the hearing of the proceeding; or\nthe adult is—\ntemporarily or permanently unconscious; or\nunable to be located after the principal registrar has made reasonable inquiries into the adult’s whereabouts.\nA notice given under subrule (3) (b) must state how the person to whom it is given may request further information about the application or referral from the tribunal.\nIf this rule uses a term that is used in the Guardianship and Administration Act 2000 , the term has the same meaning in this rule as it has in that Act unless a contrary intention appears.\nIn this rule—\nattorney means—\nan attorney under a power of attorney; or\nan attorney under an advance health directive or similar document under the law of another jurisdiction.\npower of attorney means—\na general power of attorney made under the Powers of Attorney Act 1998 ; or\nan enduring power of attorney; or\na power of attorney made otherwise than under the Powers of Attorney Act 1998 , whether before or after its commencement; or\na similar document under the law of another jurisdiction.\nrelevant adult means the adult concerned in the application or referral (whether or not the adult is an adult with impaired capacity).\nrelevant service provider see the Guardianship and Administration Act 2000 , section 80U .\nr 21 amd 2011 Act No. 13 s 263 ; 2014 SL No. 127 s 8 ; 2006 Act No. 12 s 333 sch 2 (amd 2014 Act No. 12 s 74 ); 2016 SL No. 19 s 13 ; 2017 SL No. 16 s 5 sch 2\n(sec.21-ssec.1) This rule applies if a proceeding is started for an application or referral made under— the Disability Services Act 2006 , section 178 (9) ; or the Guardianship and Administration Act 2000 .\n(sec.21-ssec.2) The applicant for the application or referral is exempt from the requirement under section 37 (2) of the Act to give a copy of the application or referral to an entity mentioned in the section.\n(sec.21-ssec.3) The principal registrar must, within the period stated in rule 19 — give a copy of the application or referral to the relevant adult, unless subrule (4) applies; and give written notice of the application or referral to each of the following, unless the tribunal orders otherwise— the members of the relevant adult’s family; any primary carer of the relevant adult; all current guardians and administrators for the relevant adult; all attorneys for the relevant adult; for a proceeding under the Guardianship and Administration Act 2000 , chapter 5B — the chief executive of the department in which the Disability Services Act 2006 is administered; and a relevant service provider providing disability services to the relevant adult; and if the tribunal is aware the relevant adult is subject to a treatment authority, forensic order or treatment support order under the Mental Health Act 2016 —the chief psychiatrist appointed under that Act; and if the tribunal is aware the relevant adult is a forensic disability client within the meaning of the Forensic Disability Act 2011 —the director of forensic disability under that Act; anyone else the tribunal considers should be notified of the proceeding.\n(sec.21-ssec.4) The principal registrar is not required to give a copy of the application or referral to the relevant adult if— the tribunal considers that notifying the adult of the proceeding might be prejudicial to the physical or mental health or wellbeing of the adult; or the tribunal considers the adult may evade the hearing of the proceeding; or the adult is— temporarily or permanently unconscious; or unable to be located after the principal registrar has made reasonable inquiries into the adult’s whereabouts.\n(sec.21-ssec.5) A notice given under subrule (3) (b) must state how the person to whom it is given may request further information about the application or referral from the tribunal.\n(sec.21-ssec.6) If this rule uses a term that is used in the Guardianship and Administration Act 2000 , the term has the same meaning in this rule as it has in that Act unless a contrary intention appears.\n(sec.21-ssec.7) In this rule— attorney means— an attorney under a power of attorney; or an attorney under an advance health directive or similar document under the law of another jurisdiction. power of attorney means— a general power of attorney made under the Powers of Attorney Act 1998 ; or an enduring power of attorney; or a power of attorney made otherwise than under the Powers of Attorney Act 1998 , whether before or after its commencement; or a similar document under the law of another jurisdiction. relevant adult means the adult concerned in the application or referral (whether or not the adult is an adult with impaired capacity). relevant service provider see the Guardianship and Administration Act 2000 , section 80U .\n- (a) the Disability Services Act 2006 , section 178 (9) ; or\n- (b) the Guardianship and Administration Act 2000 .\n- (a) give a copy of the application or referral to the relevant adult, unless subrule (4) applies; and\n- (b) give written notice of the application or referral to each of the following, unless the tribunal orders otherwise— (i) the members of the relevant adult’s family; (ii) any primary carer of the relevant adult; (iii) all current guardians and administrators for the relevant adult; (iv) all attorneys for the relevant adult; (v) for a proceeding under the Guardianship and Administration Act 2000 , chapter 5B — (A) the chief executive of the department in which the Disability Services Act 2006 is administered; and (B) a relevant service provider providing disability services to the relevant adult; and (C) if the tribunal is aware the relevant adult is subject to a treatment authority, forensic order or treatment support order under the Mental Health Act 2016 —the chief psychiatrist appointed under that Act; and (D) if the tribunal is aware the relevant adult is a forensic disability client within the meaning of the Forensic Disability Act 2011 —the director of forensic disability under that Act; (vi) anyone else the tribunal considers should be notified of the proceeding.\n- (i) the members of the relevant adult’s family;\n- (ii) any primary carer of the relevant adult;\n- (iii) all current guardians and administrators for the relevant adult;\n- (iv) all attorneys for the relevant adult;\n- (v) for a proceeding under the Guardianship and Administration Act 2000 , chapter 5B — (A) the chief executive of the department in which the Disability Services Act 2006 is administered; and (B) a relevant service provider providing disability services to the relevant adult; and (C) if the tribunal is aware the relevant adult is subject to a treatment authority, forensic order or treatment support order under the Mental Health Act 2016 —the chief psychiatrist appointed under that Act; and (D) if the tribunal is aware the relevant adult is a forensic disability client within the meaning of the Forensic Disability Act 2011 —the director of forensic disability under that Act;\n- (A) the chief executive of the department in which the Disability Services Act 2006 is administered; and\n- (B) a relevant service provider providing disability services to the relevant adult; and\n- (C) if the tribunal is aware the relevant adult is subject to a treatment authority, forensic order or treatment support order under the Mental Health Act 2016 —the chief psychiatrist appointed under that Act; and\n- (D) if the tribunal is aware the relevant adult is a forensic disability client within the meaning of the Forensic Disability Act 2011 —the director of forensic disability under that Act;\n- (vi) anyone else the tribunal considers should be notified of the proceeding.\n- (i) the members of the relevant adult’s family;\n- (ii) any primary carer of the relevant adult;\n- (iii) all current guardians and administrators for the relevant adult;\n- (iv) all attorneys for the relevant adult;\n- (v) for a proceeding under the Guardianship and Administration Act 2000 , chapter 5B — (A) the chief executive of the department in which the Disability Services Act 2006 is administered; and (B) a relevant service provider providing disability services to the relevant adult; and (C) if the tribunal is aware the relevant adult is subject to a treatment authority, forensic order or treatment support order under the Mental Health Act 2016 —the chief psychiatrist appointed under that Act; and (D) if the tribunal is aware the relevant adult is a forensic disability client within the meaning of the Forensic Disability Act 2011 —the director of forensic disability under that Act;\n- (A) the chief executive of the department in which the Disability Services Act 2006 is administered; and\n- (B) a relevant service provider providing disability services to the relevant adult; and\n- (C) if the tribunal is aware the relevant adult is subject to a treatment authority, forensic order or treatment support order under the Mental Health Act 2016 —the chief psychiatrist appointed under that Act; and\n- (D) if the tribunal is aware the relevant adult is a forensic disability client within the meaning of the Forensic Disability Act 2011 —the director of forensic disability under that Act;\n- (vi) anyone else the tribunal considers should be notified of the proceeding.\n- (A) the chief executive of the department in which the Disability Services Act 2006 is administered; and\n- (B) a relevant service provider providing disability services to the relevant adult; and\n- (C) if the tribunal is aware the relevant adult is subject to a treatment authority, forensic order or treatment support order under the Mental Health Act 2016 —the chief psychiatrist appointed under that Act; and\n- (D) if the tribunal is aware the relevant adult is a forensic disability client within the meaning of the Forensic Disability Act 2011 —the director of forensic disability under that Act;\n- (a) the tribunal considers that notifying the adult of the proceeding might be prejudicial to the physical or mental health or wellbeing of the adult; or\n- (b) the tribunal considers the adult may evade the hearing of the proceeding; or\n- (c) the adult is— (i) temporarily or permanently unconscious; or (ii) unable to be located after the principal registrar has made reasonable inquiries into the adult’s whereabouts.\n- (i) temporarily or permanently unconscious; or\n- (ii) unable to be located after the principal registrar has made reasonable inquiries into the adult’s whereabouts.\n- (i) temporarily or permanently unconscious; or\n- (ii) unable to be located after the principal registrar has made reasonable inquiries into the adult’s whereabouts.\n- (a) an attorney under a power of attorney; or\n- (b) an attorney under an advance health directive or similar document under the law of another jurisdiction.\n- (a) a general power of attorney made under the Powers of Attorney Act 1998 ; or\n- (b) an enduring power of attorney; or\n- (c) a power of attorney made otherwise than under the Powers of Attorney Act 1998 , whether before or after its commencement; or\n- (d) a similar document under the law of another jurisdiction.","sortOrder":29},{"sectionNumber":"sec.22","sectionType":"section","heading":"Notice not required to be given to referring person","content":"### sec.22 Notice not required to be given to referring person\n\nIf a proceeding is started by the referral of a matter under an enabling Act by a person ( referring person ) other than the applicant for the proceeding, the applicant is exempt from the requirement under section 37 (2) of the Act to give a copy of the referral to the referring person.\nSubrule (1) applies even if the referring person is a party to the proceeding.\n(sec.22-ssec.1) If a proceeding is started by the referral of a matter under an enabling Act by a person ( referring person ) other than the applicant for the proceeding, the applicant is exempt from the requirement under section 37 (2) of the Act to give a copy of the referral to the referring person.\n(sec.22-ssec.2) Subrule (1) applies even if the referring person is a party to the proceeding.","sortOrder":30},{"sectionNumber":"sec.23","sectionType":"section","heading":"Notice not required if it would contravene court or tribunal order","content":"### sec.23 Notice not required if it would contravene court or tribunal order\n\nAn applicant for a proceeding for an application or referral is exempt from the requirement under section 37 (2) of the Act to give a copy of the application or referral to a person if giving the copy to the person would contravene an order of a court or tribunal restricting contact between the applicant and person.\nIf, under subrule (1) , an applicant for a proceeding for an application or referral is not required to give a copy of the application or referral to a person, the principal registrar must give a copy of the application or referral to the person.\n(sec.23-ssec.1) An applicant for a proceeding for an application or referral is exempt from the requirement under section 37 (2) of the Act to give a copy of the application or referral to a person if giving the copy to the person would contravene an order of a court or tribunal restricting contact between the applicant and person.\n(sec.23-ssec.2) If, under subrule (1) , an applicant for a proceeding for an application or referral is not required to give a copy of the application or referral to a person, the principal registrar must give a copy of the application or referral to the person.","sortOrder":31},{"sectionNumber":"pt.4","sectionType":"part","heading":"Filing documents in proceeding","content":"# Filing documents in proceeding","sortOrder":32},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"How documents are filed","content":"## How documents are filed","sortOrder":33},{"sectionNumber":"sec.24","sectionType":"section","heading":"Filing documents generally","content":"### sec.24 Filing documents generally\n\nAn application, referral or other document in a proceeding may be filed—\nin person; or\nby post; or\nelectronically, in the way prescribed by a practice direction.\nHowever, this rule does not apply to filing an affidavit under rule 25 (2) .\nIn this section—\nelectronically includes by email.\nr 24 sub 2016 SL No. 19 s 14\namd 2022 SL No. 155 s 7\n(sec.24-ssec.1) An application, referral or other document in a proceeding may be filed— in person; or by post; or electronically, in the way prescribed by a practice direction.\n(sec.24-ssec.2) However, this rule does not apply to filing an affidavit under rule 25 (2) .\n(sec.24-ssec.3) In this section— electronically includes by email.\n- (a) in person; or\n- (b) by post; or\n- (c) electronically, in the way prescribed by a practice direction.","sortOrder":34},{"sectionNumber":"sec.25","sectionType":"section","heading":"Filing affidavits","content":"### sec.25 Filing affidavits\n\nUnless the tribunal orders otherwise, an affidavit may be used in a proceeding only if it has been filed under this rule.\nSee also part 10A .\nAn affidavit may be filed—\nin person; or\nby post; or\nelectronically, by sending the affidavit to the registry in the way prescribed by a practice direction.\nAn affidavit may be filed electronically only if the affidavit is in an electronic file format prescribed by a practice direction.\npdf, jpg, html\nFor an affidavit made in the form of a physical document, the affidavit may be filed electronically only as an imaged document of the physical document.\nIf an affidavit is made using counterparts under the Oaths Act 1867 , all of the counterparts must be filed at the same time.\nr 25 prev r 25 om 2016 SL No. 19 s 15\npres r 25 ins 2022 SL No. 155 s 8\n(sec.25-ssec.1) Unless the tribunal orders otherwise, an affidavit may be used in a proceeding only if it has been filed under this rule. See also part 10A .\n(sec.25-ssec.2) An affidavit may be filed— in person; or by post; or electronically, by sending the affidavit to the registry in the way prescribed by a practice direction.\n(sec.25-ssec.3) An affidavit may be filed electronically only if the affidavit is in an electronic file format prescribed by a practice direction. pdf, jpg, html\n(sec.25-ssec.4) For an affidavit made in the form of a physical document, the affidavit may be filed electronically only as an imaged document of the physical document.\n(sec.25-ssec.5) If an affidavit is made using counterparts under the Oaths Act 1867 , all of the counterparts must be filed at the same time.\n- (a) in person; or\n- (b) by post; or\n- (c) electronically, by sending the affidavit to the registry in the way prescribed by a practice direction.","sortOrder":35},{"sectionNumber":"sec.26","sectionType":"section","heading":"Filing documents for minor debt claim","content":"### sec.26 Filing documents for minor debt claim\n\nSubject to part 10A , an application or other document in a proceeding for a minor debt claim may also be electronically filed in a particular office of the registry ( registry office ) if—\nthe document is—\nprepared by an approved entity; and\nsent by electronic or computer-based means by a service provider for filing; and\na practice direction prescribes the document as a document that may be electronically filed; and\na practice direction prescribes the registry office as a registry office at which documents may be electronically filed.\nr 26 amd 2016 SL No. 19 s 16 ; 2022 SL No. 155 s 9\n- (a) the document is— (i) prepared by an approved entity; and (ii) sent by electronic or computer-based means by a service provider for filing; and\n- (i) prepared by an approved entity; and\n- (ii) sent by electronic or computer-based means by a service provider for filing; and\n- (b) a practice direction prescribes the document as a document that may be electronically filed; and\n- (c) a practice direction prescribes the registry office as a registry office at which documents may be electronically filed.\n- (i) prepared by an approved entity; and\n- (ii) sent by electronic or computer-based means by a service provider for filing; and","sortOrder":36},{"sectionNumber":"sec.27","sectionType":"section","heading":"Responsibility for document electronically filed under r 26","content":"### sec.27 Responsibility for document electronically filed under r 26\n\nAn approved entity that prepares a document that is electronically filed under rule 26 remains responsible for the document.\nHowever, the service provider who sends the document to the registry is responsible for payment of any fee prescribed for filing the document.\nr 27 amd 2016 SL No. 19 s 17 ; 2022 SL No. 155 s 10\n(sec.27-ssec.1) An approved entity that prepares a document that is electronically filed under rule 26 remains responsible for the document.\n(sec.27-ssec.2) However, the service provider who sends the document to the registry is responsible for payment of any fee prescribed for filing the document.","sortOrder":37},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Requirements about filing documents","content":"## Requirements about filing documents","sortOrder":38},{"sectionNumber":"sec.27A","sectionType":"section","heading":"Signing a document to be electronically filed","content":"### sec.27A Signing a document to be electronically filed\n\nThis rule applies to a document filed electronically under rule 24 (1) (c) or 26 .\nHowever, this rule does not apply to an affidavit filed electronically under rule 25 (2) (c) .\nThe document is taken to be signed by a person if the person’s name is written at a place on the document indicated to be a place where the document may or must be signed.\nr 27A ins 2016 SL No. 19 s 18\namd 2022 SL No. 155 s 11\n(sec.27A-ssec.1) This rule applies to a document filed electronically under rule 24 (1) (c) or 26 .\n(sec.27A-ssec.2) However, this rule does not apply to an affidavit filed electronically under rule 25 (2) (c) .\n(sec.27A-ssec.3) The document is taken to be signed by a person if the person’s name is written at a place on the document indicated to be a place where the document may or must be signed.","sortOrder":39},{"sectionNumber":"sec.28","sectionType":"section","heading":"Original documents required to be filed for particular proceedings","content":"### sec.28 Original documents required to be filed for particular proceedings\n\nThis rule applies to a proceeding under any of the following—\nthe Adoption Act 2009 ;\nthe Child Protection Act 1999 ;\nthe Disability Services Act 2006 , section 178 (9) ;\nthe Education and Care Services Act 2013 ;\nthe Education and Care Services National Law (Queensland);\nthe Guardianship and Administration Act 2000 ;\nthe Public Guardian Act 2014 , section 133 ;\nthe Working with Children (Risk Management and Screening) Act 2000 .\nA person required to file a document, other than an affidavit, under the Act , an enabling Act or these rules in the proceeding is required to file only the original document.\nr 28 amd 2011 SL No. 278 s 21 ; 2013 SL No. 265 s 81 sch 5 pt 2 ; 2014 SL No. 127 s 9 ; 2006 Act No. 12 s 333 sch 2 (amd 2014 Act No. 12 s 74 ); 2016 SL No. 19 s 19 ; 2022 SL No. 155 s 12\n(sec.28-ssec.1) This rule applies to a proceeding under any of the following— the Adoption Act 2009 ; the Child Protection Act 1999 ; the Disability Services Act 2006 , section 178 (9) ; the Education and Care Services Act 2013 ; the Education and Care Services National Law (Queensland); the Guardianship and Administration Act 2000 ; the Public Guardian Act 2014 , section 133 ; the Working with Children (Risk Management and Screening) Act 2000 .\n(sec.28-ssec.2) A person required to file a document, other than an affidavit, under the Act , an enabling Act or these rules in the proceeding is required to file only the original document.\n- (a) the Adoption Act 2009 ;\n- (b) the Child Protection Act 1999 ;\n- (c) the Disability Services Act 2006 , section 178 (9) ;\n- (d) the Education and Care Services Act 2013 ;\n- (e) the Education and Care Services National Law (Queensland);\n- (f) the Guardianship and Administration Act 2000 ;\n- (g) the Public Guardian Act 2014 , section 133 ;\n- (h) the Working with Children (Risk Management and Screening) Act 2000 .","sortOrder":40},{"sectionNumber":"sec.29","sectionType":"section","heading":"Number of copies to be filed in other proceedings","content":"### sec.29 Number of copies to be filed in other proceedings\n\nThis rule does not apply to filing a document—\nelectronically under rule 24 (1) (c) or 26 ; or\nin a proceeding to which rule 28 applies.\nA person required to file a document under the Act , an enabling Act or these rules in a proceeding must file—\nthe original document; and\nthe number of copies of the document stated in subrule (3) .\nFor subrule (2) , the number of copies to be filed is—\nfor a proceeding for a minor civil dispute—2 plus an extra copy for each person who the person knows, or ought reasonably to know, is to be given a copy of the document under the Act , an enabling Act or these rules; or\nfor another proceeding—3 plus an extra copy for each person who the person knows, or ought reasonably to know, is to be given a copy of the document under the Act , an enabling Act or these rules.\nUnder section 61 of the Act the tribunal may (on its own initiative or on application by a party) waive compliance with a procedural requirement under these rules.\nr 29 amd 2016 SL No. 19 s 20 ; 2022 SL No. 155 s 13\n(sec.29-ssec.1) This rule does not apply to filing a document— electronically under rule 24 (1) (c) or 26 ; or in a proceeding to which rule 28 applies.\n(sec.29-ssec.2) A person required to file a document under the Act , an enabling Act or these rules in a proceeding must file— the original document; and the number of copies of the document stated in subrule (3) .\n(sec.29-ssec.3) For subrule (2) , the number of copies to be filed is— for a proceeding for a minor civil dispute—2 plus an extra copy for each person who the person knows, or ought reasonably to know, is to be given a copy of the document under the Act , an enabling Act or these rules; or for another proceeding—3 plus an extra copy for each person who the person knows, or ought reasonably to know, is to be given a copy of the document under the Act , an enabling Act or these rules. Under section 61 of the Act the tribunal may (on its own initiative or on application by a party) waive compliance with a procedural requirement under these rules. r 29 amd 2016 SL No. 19 s 20 ; 2022 SL No. 155 s 13\n- (a) electronically under rule 24 (1) (c) or 26 ; or\n- (b) in a proceeding to which rule 28 applies.\n- (a) the original document; and\n- (b) the number of copies of the document stated in subrule (3) .\n- (a) for a proceeding for a minor civil dispute—2 plus an extra copy for each person who the person knows, or ought reasonably to know, is to be given a copy of the document under the Act , an enabling Act or these rules; or\n- (b) for another proceeding—3 plus an extra copy for each person who the person knows, or ought reasonably to know, is to be given a copy of the document under the Act , an enabling Act or these rules.","sortOrder":41},{"sectionNumber":"sec.30","sectionType":"section","heading":"Document filed by post must be accompanied by stamped envelope for return post","content":"### sec.30 Document filed by post must be accompanied by stamped envelope for return post\n\nIf a person files a document by post, the person must ensure the document is accompanied by a stamped envelope addressed to the person or the person’s representative.\nThis rule does not apply in relation to filing a document in a proceeding to which rule 28 applies.\n(sec.30-ssec.1) If a person files a document by post, the person must ensure the document is accompanied by a stamped envelope addressed to the person or the person’s representative.\n(sec.30-ssec.2) This rule does not apply in relation to filing a document in a proceeding to which rule 28 applies.","sortOrder":42},{"sectionNumber":"pt.4-div.3","sectionType":"division","heading":"Provisions about filed documents","content":"## Provisions about filed documents","sortOrder":43},{"sectionNumber":"sec.31","sectionType":"section","heading":"When document is filed","content":"### sec.31 When document is filed\n\nA document is filed when the principal registrar records the document and stamps the tribunal’s seal on it.\nAfter filing a document, the principal registrar must stamp the tribunal’s seal on each copy of the document that accompanied it.\nIf a document is filed electronically under rule 24 (1) (c) or in a proceeding other than for a proceeding to which rule 28 applies, the principal registrar must send a stamped copy of the document to—\nif the entity who filed the document has an electronic service address that is working—the electronic service address for the entity; or\notherwise—the service address for the entity.\nA paper copy of an electronic document sent to an entity under subrule (3) is taken for all purposes, including service, to be—\na copy of the document in the record for the proceeding; and\nissued by the tribunal; and\nstamped with the tribunal’s seal.\nIf a document is filed by post in a proceeding for a minor civil dispute and 1 or more copies accompany the document, the principal registrar must send each copy that is stamped under subrule (2) to the entity filing the document in the envelope accompanying the document under rule 30 .\nIf a document is filed by post in a proceeding other than for a minor civil dispute and 2 or more copies accompany the document, the principal registrar must send all but 1 of the copies stamped under subrule (2) to the entity filing the document in the envelope accompanying the document under rule 30 .\nIn this rule—\nstamp , for a document that is electronically filed, includes electronically stamp.\nr 31 amd 2016 SL No. 19 s 21 ; 2022 SL No. 155 s 14\n(sec.31-ssec.1) A document is filed when the principal registrar records the document and stamps the tribunal’s seal on it.\n(sec.31-ssec.2) After filing a document, the principal registrar must stamp the tribunal’s seal on each copy of the document that accompanied it.\n(sec.31-ssec.3) If a document is filed electronically under rule 24 (1) (c) or in a proceeding other than for a proceeding to which rule 28 applies, the principal registrar must send a stamped copy of the document to— if the entity who filed the document has an electronic service address that is working—the electronic service address for the entity; or otherwise—the service address for the entity.\n(sec.31-ssec.4) A paper copy of an electronic document sent to an entity under subrule (3) is taken for all purposes, including service, to be— a copy of the document in the record for the proceeding; and issued by the tribunal; and stamped with the tribunal’s seal.\n(sec.31-ssec.5) If a document is filed by post in a proceeding for a minor civil dispute and 1 or more copies accompany the document, the principal registrar must send each copy that is stamped under subrule (2) to the entity filing the document in the envelope accompanying the document under rule 30 .\n(sec.31-ssec.6) If a document is filed by post in a proceeding other than for a minor civil dispute and 2 or more copies accompany the document, the principal registrar must send all but 1 of the copies stamped under subrule (2) to the entity filing the document in the envelope accompanying the document under rule 30 .\n(sec.31-ssec.7) In this rule— stamp , for a document that is electronically filed, includes electronically stamp.\n- (a) if the entity who filed the document has an electronic service address that is working—the electronic service address for the entity; or\n- (b) otherwise—the service address for the entity.\n- (a) a copy of the document in the record for the proceeding; and\n- (b) issued by the tribunal; and\n- (c) stamped with the tribunal’s seal.","sortOrder":44},{"sectionNumber":"sec.32","sectionType":"section","heading":"Refusal to file document","content":"### sec.32 Refusal to file document\n\nThe principal registrar may refuse to file a document if it does not comply with these rules or can not otherwise be filed.\nIf the principal registrar refuses to file a document a person filed by post, the principal registrar must return the document to the person in the envelope accompanying the document under rule 30 .\nIf the principal registrar refuses to file a document filed electronically under rule 24 (1) (c) or 26 , the principal registrar must advise the entity who filed the document that the principal registrar has refused to file the document.\nr 32 amd 2016 SL No. 19 s 22 ; 2022 SL No. 155 s 15\n(sec.32-ssec.1) The principal registrar may refuse to file a document if it does not comply with these rules or can not otherwise be filed.\n(sec.32-ssec.2) If the principal registrar refuses to file a document a person filed by post, the principal registrar must return the document to the person in the envelope accompanying the document under rule 30 .\n(sec.32-ssec.3) If the principal registrar refuses to file a document filed electronically under rule 24 (1) (c) or 26 , the principal registrar must advise the entity who filed the document that the principal registrar has refused to file the document.","sortOrder":45},{"sectionNumber":"sec.33","sectionType":"section","heading":"Approved entity must be sent a copy of document electronically filed under r 26","content":"### sec.33 Approved entity must be sent a copy of document electronically filed under r 26\n\nAfter a document prepared by an approved entity is electronically filed by a service provider in a proceeding for a minor debt claim, the service provider must send the approved entity a copy of the document by electronic or computer-based means.\nThe copy of the document must include—\nan image of the tribunal’s seal; and\nthe tribunal file number for the relevant proceeding.\nA paper copy of the document sent to the approved entity is taken for all purposes, including service, to be a copy of the document in the record for the proceeding and issued by the tribunal and stamped with the tribunal’s seal.\nr 33 amd 2016 SL No. 19 s 23\n(sec.33-ssec.1) After a document prepared by an approved entity is electronically filed by a service provider in a proceeding for a minor debt claim, the service provider must send the approved entity a copy of the document by electronic or computer-based means.\n(sec.33-ssec.2) The copy of the document must include— an image of the tribunal’s seal; and the tribunal file number for the relevant proceeding.\n(sec.33-ssec.3) A paper copy of the document sent to the approved entity is taken for all purposes, including service, to be a copy of the document in the record for the proceeding and issued by the tribunal and stamped with the tribunal’s seal.\n- (a) an image of the tribunal’s seal; and\n- (b) the tribunal file number for the relevant proceeding.","sortOrder":46},{"sectionNumber":"sec.34","sectionType":"section","heading":"Keeping etc. electronically filed documents","content":"### sec.34 Keeping etc. electronically filed documents\n\nA document that is electronically filed under rule 24 (1) (c) or 26 —\nmust be retained in electronic form by the registry; and\nis taken for all purposes to be a document in a record for the proceeding.\nIf, under section 230 of the Act , a person asks to inspect a document that was electronically filed, the principal registrar may decide whether the document is to be inspected in electronic or paper form.\nr 34 amd 2022 SL No. 155 s 16\n(sec.34-ssec.1) A document that is electronically filed under rule 24 (1) (c) or 26 — must be retained in electronic form by the registry; and is taken for all purposes to be a document in a record for the proceeding.\n(sec.34-ssec.2) If, under section 230 of the Act , a person asks to inspect a document that was electronically filed, the principal registrar may decide whether the document is to be inspected in electronic or paper form.\n- (a) must be retained in electronic form by the registry; and\n- (b) is taken for all purposes to be a document in a record for the proceeding.","sortOrder":47},{"sectionNumber":"sec.35","sectionType":"section","heading":"Copy of filed document to be given to other parties etc.","content":"### sec.35 Copy of filed document to be given to other parties etc.\n\nThis rule applies if—\nthe Act , an enabling Act, a practice direction or these rules require a party to a proceeding to file a document; and\nthese rules do not otherwise provide for a copy of the document to be given to each party to the proceeding or another person mentioned in subrule (3) .\nHowever, this rule does not apply in relation to a proceeding to which rule 28 applies.\nThe party must, at or about the same time the document is filed, give a copy of the document to—\neach party to the proceeding; and\neach other person to whom a copy of the document is required to be given under an enabling Act; and\nany other person the tribunal directs to be given a copy of the document.\n(sec.35-ssec.1) This rule applies if— the Act , an enabling Act, a practice direction or these rules require a party to a proceeding to file a document; and these rules do not otherwise provide for a copy of the document to be given to each party to the proceeding or another person mentioned in subrule (3) .\n(sec.35-ssec.2) However, this rule does not apply in relation to a proceeding to which rule 28 applies.\n(sec.35-ssec.3) The party must, at or about the same time the document is filed, give a copy of the document to— each party to the proceeding; and each other person to whom a copy of the document is required to be given under an enabling Act; and any other person the tribunal directs to be given a copy of the document.\n- (a) the Act , an enabling Act, a practice direction or these rules require a party to a proceeding to file a document; and\n- (b) these rules do not otherwise provide for a copy of the document to be given to each party to the proceeding or another person mentioned in subrule (3) .\n- (a) each party to the proceeding; and\n- (b) each other person to whom a copy of the document is required to be given under an enabling Act; and\n- (c) any other person the tribunal directs to be given a copy of the document.","sortOrder":48},{"sectionNumber":"pt.5","sectionType":"part","heading":"Service of notices or other documents","content":"# Service of notices or other documents","sortOrder":49},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Statement of address for service","content":"## Statement of address for service","sortOrder":50},{"sectionNumber":"sec.36","sectionType":"section","heading":"Other parties to file statement of address for service","content":"### sec.36 Other parties to file statement of address for service\n\nA party to a proceeding for an application or referral, other than the applicant or a party who has responded to the application or referral, must—\nfile a statement of address for service; and\ngive a copy of the statement to—\neach party to the proceeding; and\neach other person to whom a copy of the statement is required to be given under an enabling Act; and\nany person the tribunal directs to be given a copy of the statement.\nSubrule (1) does not apply to a respondent if the application or referral includes the respondent’s correct contact details.\nIf an application or referral includes the contact details of a respondent and the respondent does not file a statement of address for service (whether as part of a response or under subrule (1) ), the part of the application or referral containing the respondent’s contact details is taken to be the respondent’s statement of address for service.\nThis rule does not apply to a party to a proceeding under—\nthe Disability Services Act 2006 , section 178 (9) ; or\nthe Guardianship and Administration Act 2000 .\nr 36 amd 2014 SL No. 127 s 10 ; 2006 Act No. 12 s 333 sch 2 (amd 2014 Act No. 12 s 74 )\n(sec.36-ssec.1) A party to a proceeding for an application or referral, other than the applicant or a party who has responded to the application or referral, must— file a statement of address for service; and give a copy of the statement to— each party to the proceeding; and each other person to whom a copy of the statement is required to be given under an enabling Act; and any person the tribunal directs to be given a copy of the statement.\n(sec.36-ssec.2) Subrule (1) does not apply to a respondent if the application or referral includes the respondent’s correct contact details.\n(sec.36-ssec.3) If an application or referral includes the contact details of a respondent and the respondent does not file a statement of address for service (whether as part of a response or under subrule (1) ), the part of the application or referral containing the respondent’s contact details is taken to be the respondent’s statement of address for service.\n(sec.36-ssec.4) This rule does not apply to a party to a proceeding under— the Disability Services Act 2006 , section 178 (9) ; or the Guardianship and Administration Act 2000 .\n- (a) file a statement of address for service; and\n- (b) give a copy of the statement to— (i) each party to the proceeding; and (ii) each other person to whom a copy of the statement is required to be given under an enabling Act; and (iii) any person the tribunal directs to be given a copy of the statement.\n- (i) each party to the proceeding; and\n- (ii) each other person to whom a copy of the statement is required to be given under an enabling Act; and\n- (iii) any person the tribunal directs to be given a copy of the statement.\n- (i) each party to the proceeding; and\n- (ii) each other person to whom a copy of the statement is required to be given under an enabling Act; and\n- (iii) any person the tribunal directs to be given a copy of the statement.\n- (a) the Disability Services Act 2006 , section 178 (9) ; or\n- (b) the Guardianship and Administration Act 2000 .","sortOrder":51},{"sectionNumber":"sec.37","sectionType":"section","heading":"Amending statement of address for service","content":"### sec.37 Amending statement of address for service\n\nIf a party to a proceeding wishes to change all or a part of the party’s statement of address for service, the party must notify the following persons of the change—\nthe principal registrar;\nfor an applicant—each person to whom the applicant’s application or referral was given under section 37 of the Act ;\nfor a respondent who files a response—each person to whom the response was given under part 6 , division 1 ;\nfor a party other than the applicant—each person to whom the party’s statement of address for service was given under rule 36 ;\nany other person the tribunal directs to be given notice of the change.\n- (a) the principal registrar;\n- (b) for an applicant—each person to whom the applicant’s application or referral was given under section 37 of the Act ;\n- (c) for a respondent who files a response—each person to whom the response was given under part 6 , division 1 ;\n- (d) for a party other than the applicant—each person to whom the party’s statement of address for service was given under rule 36 ;\n- (e) any other person the tribunal directs to be given notice of the change.","sortOrder":52},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Provisions about giving documents","content":"## Provisions about giving documents","sortOrder":53},{"sectionNumber":"sec.38","sectionType":"section","heading":null,"content":"### Section sec.38\n\nr 38 om 2022 SL No. 155 s 17","sortOrder":54},{"sectionNumber":"sec.39","sectionType":"section","heading":"Giving documents to other persons","content":"### sec.39 Giving documents to other persons\n\nUnless an enabling Act provides otherwise, a document required to be given to an entity in a proceeding may be given to the entity in 1 of the following ways—\nby delivering it personally to the entity in the way provided in the service practice direction;\nby sending it by post to the relevant address;\nif the entity has an address for service that includes a fax number—by sending it to the entity at that number;\nif the entity has an address for service that includes an email address—by sending it to the entity at that address;\nif the entity has an address for service that includes a non-fax or email electronic address—by sending it to the entity at that address;\nby leaving it with someone who—\nis at the relevant address; and\nis apparently an adult and apparently residing or employed there;\nin another way provided for in the service practice direction;\nin any other way directed by the tribunal.\nIn this rule—\nrelevant address , for giving a document to an entity, means—\nthe service address in the entity’s address for service; or\nif the entity does not have an address for service—\nfor posting the document to the entity—the address provided for in the service practice direction to which documents may be posted to the entity if the entity does not have an address for service; or\nfor leaving a document with someone—the address provided for in the service practice direction at which documents may be left with someone for the purpose of giving the documents to the entity if the entity does not have an address for service.\nthe entity’s usual or last known residential or business address\nthe address of the entity’s representative or associate\nr 39 amd 2022 SL No. 155 s 18\n(sec.39-ssec.1) Unless an enabling Act provides otherwise, a document required to be given to an entity in a proceeding may be given to the entity in 1 of the following ways— by delivering it personally to the entity in the way provided in the service practice direction; by sending it by post to the relevant address; if the entity has an address for service that includes a fax number—by sending it to the entity at that number; if the entity has an address for service that includes an email address—by sending it to the entity at that address; if the entity has an address for service that includes a non-fax or email electronic address—by sending it to the entity at that address; by leaving it with someone who— is at the relevant address; and is apparently an adult and apparently residing or employed there; in another way provided for in the service practice direction; in any other way directed by the tribunal.\n(sec.39-ssec.2) In this rule— relevant address , for giving a document to an entity, means— the service address in the entity’s address for service; or if the entity does not have an address for service— for posting the document to the entity—the address provided for in the service practice direction to which documents may be posted to the entity if the entity does not have an address for service; or for leaving a document with someone—the address provided for in the service practice direction at which documents may be left with someone for the purpose of giving the documents to the entity if the entity does not have an address for service. the entity’s usual or last known residential or business address the address of the entity’s representative or associate\n- (a) by delivering it personally to the entity in the way provided in the service practice direction;\n- (b) by sending it by post to the relevant address;\n- (c) if the entity has an address for service that includes a fax number—by sending it to the entity at that number;\n- (d) if the entity has an address for service that includes an email address—by sending it to the entity at that address;\n- (e) if the entity has an address for service that includes a non-fax or email electronic address—by sending it to the entity at that address;\n- (f) by leaving it with someone who— (i) is at the relevant address; and (ii) is apparently an adult and apparently residing or employed there;\n- (i) is at the relevant address; and\n- (ii) is apparently an adult and apparently residing or employed there;\n- (g) in another way provided for in the service practice direction;\n- (h) in any other way directed by the tribunal.\n- (i) is at the relevant address; and\n- (ii) is apparently an adult and apparently residing or employed there;\n- (a) the service address in the entity’s address for service; or\n- (b) if the entity does not have an address for service— (i) for posting the document to the entity—the address provided for in the service practice direction to which documents may be posted to the entity if the entity does not have an address for service; or (ii) for leaving a document with someone—the address provided for in the service practice direction at which documents may be left with someone for the purpose of giving the documents to the entity if the entity does not have an address for service. Examples of addresses for paragraph (b) — • the entity’s usual or last known residential or business address • the address of the entity’s representative or associate\n- (i) for posting the document to the entity—the address provided for in the service practice direction to which documents may be posted to the entity if the entity does not have an address for service; or\n- (ii) for leaving a document with someone—the address provided for in the service practice direction at which documents may be left with someone for the purpose of giving the documents to the entity if the entity does not have an address for service.\n- • the entity’s usual or last known residential or business address\n- • the address of the entity’s representative or associate\n- (i) for posting the document to the entity—the address provided for in the service practice direction to which documents may be posted to the entity if the entity does not have an address for service; or\n- (ii) for leaving a document with someone—the address provided for in the service practice direction at which documents may be left with someone for the purpose of giving the documents to the entity if the entity does not have an address for service.\n- • the entity’s usual or last known residential or business address\n- • the address of the entity’s representative or associate","sortOrder":55},{"sectionNumber":"sec.40","sectionType":"section","heading":"Substituted service","content":"### sec.40 Substituted service\n\nIf, for any reason, it is impracticable to give a document in a way provided under an enabling Act or these rules, the tribunal may make an order substituting another way of giving the document.\nThe tribunal may, in the order, state the steps to be taken for bringing the document to the attention of the entity to be given the document.\nThe tribunal may, in the order, state that the document is to be taken to have been given on the happening of a stated event or at the end of a stated time.\nThe tribunal may make an order under this rule even though the entity to be given the document is not in Queensland or was not in Queensland when the proceeding started.\n(sec.40-ssec.1) If, for any reason, it is impracticable to give a document in a way provided under an enabling Act or these rules, the tribunal may make an order substituting another way of giving the document.\n(sec.40-ssec.2) The tribunal may, in the order, state the steps to be taken for bringing the document to the attention of the entity to be given the document.\n(sec.40-ssec.3) The tribunal may, in the order, state that the document is to be taken to have been given on the happening of a stated event or at the end of a stated time.\n(sec.40-ssec.4) The tribunal may make an order under this rule even though the entity to be given the document is not in Queensland or was not in Queensland when the proceeding started.","sortOrder":56},{"sectionNumber":"sec.41","sectionType":"section","heading":"Informal service","content":"### sec.41 Informal service\n\nThis rule applies if—\nfor any reason, a document is not given in a way provided in an enabling Act or these rules but the document or a copy of it came into the possession of the entity who was to be given the document; and\nthe tribunal is satisfied on evidence before it that the document came into the entity’s possession on or before a particular day.\nThe tribunal may, by order, decide that, for the Act , an enabling Act and these rules, the entity is taken to have been given the document on the day it came into the entity’s possession or a later day stated in the order.\n(sec.41-ssec.1) This rule applies if— for any reason, a document is not given in a way provided in an enabling Act or these rules but the document or a copy of it came into the possession of the entity who was to be given the document; and the tribunal is satisfied on evidence before it that the document came into the entity’s possession on or before a particular day.\n(sec.41-ssec.2) The tribunal may, by order, decide that, for the Act , an enabling Act and these rules, the entity is taken to have been given the document on the day it came into the entity’s possession or a later day stated in the order.\n- (a) for any reason, a document is not given in a way provided in an enabling Act or these rules but the document or a copy of it came into the possession of the entity who was to be given the document; and\n- (b) the tribunal is satisfied on evidence before it that the document came into the entity’s possession on or before a particular day.","sortOrder":57},{"sectionNumber":"sec.42","sectionType":"section","heading":"Affidavit proving document was given","content":"### sec.42 Affidavit proving document was given\n\nThis rule applies if proof of the giving of a document required to be given under the Act , an enabling Act or these rules is required—\nunder a provision of the Act , an enabling Act or these rules; or\nby the tribunal.\nsection 50 (5) of the Act\nThe proof must be given by affidavit.\nIf the affidavit is about giving a document by personal delivery, the affidavit must—\nbe made by the person who personally delivered the document; and\ninclude the following—\nthe person’s full name;\nthe time, day and date the document was personally delivered;\nthe place where the document was personally delivered;\nthe name of the person to whom the document was personally delivered and how the person was identified.\nIf the affidavit is about giving a document other than by personal delivery, the affidavit—\nmust state the relevant dates and the facts showing the document has been given; and\nmay be made on information given to, or the belief of, the person giving the document; and\nif made on information given to the person giving the document—must state the source of the information.\nAlso, the affidavit must—\nhave the document filed with it as an exhibit or be written on the document; or\nif the document has been filed—mention the document in a way sufficient to enable the document to be identified.\n(sec.42-ssec.1) This rule applies if proof of the giving of a document required to be given under the Act , an enabling Act or these rules is required— under a provision of the Act , an enabling Act or these rules; or by the tribunal. section 50 (5) of the Act\n(sec.42-ssec.2) The proof must be given by affidavit.\n(sec.42-ssec.3) If the affidavit is about giving a document by personal delivery, the affidavit must— be made by the person who personally delivered the document; and include the following— the person’s full name; the time, day and date the document was personally delivered; the place where the document was personally delivered; the name of the person to whom the document was personally delivered and how the person was identified.\n(sec.42-ssec.4) If the affidavit is about giving a document other than by personal delivery, the affidavit— must state the relevant dates and the facts showing the document has been given; and may be made on information given to, or the belief of, the person giving the document; and if made on information given to the person giving the document—must state the source of the information.\n(sec.42-ssec.5) Also, the affidavit must— have the document filed with it as an exhibit or be written on the document; or if the document has been filed—mention the document in a way sufficient to enable the document to be identified.\n- (a) under a provision of the Act , an enabling Act or these rules; or\n- (b) by the tribunal.\n- (a) be made by the person who personally delivered the document; and\n- (b) include the following— (i) the person’s full name; (ii) the time, day and date the document was personally delivered; (iii) the place where the document was personally delivered; (iv) the name of the person to whom the document was personally delivered and how the person was identified.\n- (i) the person’s full name;\n- (ii) the time, day and date the document was personally delivered;\n- (iii) the place where the document was personally delivered;\n- (iv) the name of the person to whom the document was personally delivered and how the person was identified.\n- (i) the person’s full name;\n- (ii) the time, day and date the document was personally delivered;\n- (iii) the place where the document was personally delivered;\n- (iv) the name of the person to whom the document was personally delivered and how the person was identified.\n- (a) must state the relevant dates and the facts showing the document has been given; and\n- (b) may be made on information given to, or the belief of, the person giving the document; and\n- (c) if made on information given to the person giving the document—must state the source of the information.\n- (a) have the document filed with it as an exhibit or be written on the document; or\n- (b) if the document has been filed—mention the document in a way sufficient to enable the document to be identified.","sortOrder":58},{"sectionNumber":"pt.6","sectionType":"part","heading":"Responding to application or referral and counter-applications","content":"# Responding to application or referral and counter-applications","sortOrder":59},{"sectionNumber":"pt.6-div.1","sectionType":"division","heading":"Responses generally","content":"## Responses generally","sortOrder":60},{"sectionNumber":"sec.43","sectionType":"section","heading":"No responses for particular minor civil disputes","content":"### sec.43 No responses for particular minor civil disputes\n\nA party to a proceeding for a minor civil dispute other than a minor debt claim can not respond to the application for the proceeding.\nSubrule (1) does not prevent the party from—\nmaking a counter-application; or\ngiving the tribunal evidence in writing, or making written submissions to the tribunal, in a way allowed by the tribunal under section 95 of the Act .\n(sec.43-ssec.1) A party to a proceeding for a minor civil dispute other than a minor debt claim can not respond to the application for the proceeding.\n(sec.43-ssec.2) Subrule (1) does not prevent the party from— making a counter-application; or giving the tribunal evidence in writing, or making written submissions to the tribunal, in a way allowed by the tribunal under section 95 of the Act .\n- (a) making a counter-application; or\n- (b) giving the tribunal evidence in writing, or making written submissions to the tribunal, in a way allowed by the tribunal under section 95 of the Act .","sortOrder":61},{"sectionNumber":"sec.44","sectionType":"section","heading":"General requirement for responses other than minor debt claim","content":"### sec.44 General requirement for responses other than minor debt claim\n\nThis rule applies if a respondent to an application other than for a minor debt claim, or a referral, wishes to respond to the application or referral, whether because of a requirement under an enabling Act or otherwise.\nThe response must—\nbe made within—\nfor a prescribed application—14 days after the respondent is given a copy of the application; or\nfor another application or a referral—28 days after the respondent is given a copy of the application or referral; and\nbe made in the approved form; and\ncomply with any requirements about the response stated in an enabling Act or a practice direction; and\nbe filed.\nHowever, if the Service and Execution of Process Act 1992 (Cwlth) applies, the response must be made within the time limited by that Act.\nThe respondent must give a copy of the response to—\nthe applicant; and\neach person to whom a copy of the application or referral was given under section 37 of the Act ; and\nany person the tribunal directs to be given notice of the response.\nThe approved form for subrule (2) (b) must provide for the inclusion of the respondent’s statement of address for service.\nIn this rule—\nprescribed application means an application—\nfor a building dispute under the Queensland Building and Construction Commission Act 1991 ; or\nfor the recovery of a debt under the Queensland Building and Construction Commission Act 1991 , section 71 ; or\nmade under the Domestic Building Contracts Act 2000 , section 18 , 55 , 60 or 84 ; or\nmade under the Body Corporate and Community Management Act 1997 , section 47AA , 47B , 48 , 133 , 149A , 149B , 178 , 304 , 385 , 387 , 389 , 405 , 412 or 414 .\nr 44 amd 2011 Act No. 9 s 47 ; 2013 Act No. 11 s 20 ; 2013 SL No. 292 s 5\n(sec.44-ssec.1) This rule applies if a respondent to an application other than for a minor debt claim, or a referral, wishes to respond to the application or referral, whether because of a requirement under an enabling Act or otherwise.\n(sec.44-ssec.2) The response must— be made within— for a prescribed application—14 days after the respondent is given a copy of the application; or for another application or a referral—28 days after the respondent is given a copy of the application or referral; and be made in the approved form; and comply with any requirements about the response stated in an enabling Act or a practice direction; and be filed.\n(sec.44-ssec.3) However, if the Service and Execution of Process Act 1992 (Cwlth) applies, the response must be made within the time limited by that Act.\n(sec.44-ssec.4) The respondent must give a copy of the response to— the applicant; and each person to whom a copy of the application or referral was given under section 37 of the Act ; and any person the tribunal directs to be given notice of the response.\n(sec.44-ssec.5) The approved form for subrule (2) (b) must provide for the inclusion of the respondent’s statement of address for service.\n(sec.44-ssec.6) In this rule— prescribed application means an application— for a building dispute under the Queensland Building and Construction Commission Act 1991 ; or for the recovery of a debt under the Queensland Building and Construction Commission Act 1991 , section 71 ; or made under the Domestic Building Contracts Act 2000 , section 18 , 55 , 60 or 84 ; or made under the Body Corporate and Community Management Act 1997 , section 47AA , 47B , 48 , 133 , 149A , 149B , 178 , 304 , 385 , 387 , 389 , 405 , 412 or 414 .\n- (a) be made within— (i) for a prescribed application—14 days after the respondent is given a copy of the application; or (ii) for another application or a referral—28 days after the respondent is given a copy of the application or referral; and\n- (i) for a prescribed application—14 days after the respondent is given a copy of the application; or\n- (ii) for another application or a referral—28 days after the respondent is given a copy of the application or referral; and\n- (b) be made in the approved form; and\n- (c) comply with any requirements about the response stated in an enabling Act or a practice direction; and\n- (d) be filed.\n- (i) for a prescribed application—14 days after the respondent is given a copy of the application; or\n- (ii) for another application or a referral—28 days after the respondent is given a copy of the application or referral; and\n- (a) the applicant; and\n- (b) each person to whom a copy of the application or referral was given under section 37 of the Act ; and\n- (c) any person the tribunal directs to be given notice of the response.\n- (a) for a building dispute under the Queensland Building and Construction Commission Act 1991 ; or\n- (b) for the recovery of a debt under the Queensland Building and Construction Commission Act 1991 , section 71 ; or\n- (c) made under the Domestic Building Contracts Act 2000 , section 18 , 55 , 60 or 84 ; or\n- (d) made under the Body Corporate and Community Management Act 1997 , section 47AA , 47B , 48 , 133 , 149A , 149B , 178 , 304 , 385 , 387 , 389 , 405 , 412 or 414 .","sortOrder":62},{"sectionNumber":"sec.45","sectionType":"section","heading":"General requirement for response for minor debt claim","content":"### sec.45 General requirement for response for minor debt claim\n\nThis rule applies if a respondent to an application for a minor debt claim wishes to respond to the application.\nThe response must—\nbe made—\nwithin 28 days after the respondent is given a copy of the application; and\nin the approved form; and\nhave attached to it a statement—\nanswering the applicant’s assertions in the application; and\nstating any amount the respondent claims to owe the applicant, how any amount owing is worked out, and why the respondent claims to owe that amount; and\ncomply with any requirements about the response stated in a practice direction; and\nbe filed.\nThe respondent must give a copy of the response to—\nthe applicant; and\neach person to whom a copy of the application was given under section 37 of the Act ; and\nany person the tribunal directs to be given notice of the response.\nThe approved form for subrule (2) (a) (ii) must provide for the inclusion of the respondent’s statement of address for service.\n(sec.45-ssec.1) This rule applies if a respondent to an application for a minor debt claim wishes to respond to the application.\n(sec.45-ssec.2) The response must— be made— within 28 days after the respondent is given a copy of the application; and in the approved form; and have attached to it a statement— answering the applicant’s assertions in the application; and stating any amount the respondent claims to owe the applicant, how any amount owing is worked out, and why the respondent claims to owe that amount; and comply with any requirements about the response stated in a practice direction; and be filed.\n(sec.45-ssec.3) The respondent must give a copy of the response to— the applicant; and each person to whom a copy of the application was given under section 37 of the Act ; and any person the tribunal directs to be given notice of the response.\n(sec.45-ssec.4) The approved form for subrule (2) (a) (ii) must provide for the inclusion of the respondent’s statement of address for service.\n- (a) be made— (i) within 28 days after the respondent is given a copy of the application; and (ii) in the approved form; and\n- (i) within 28 days after the respondent is given a copy of the application; and\n- (ii) in the approved form; and\n- (b) have attached to it a statement— (i) answering the applicant’s assertions in the application; and (ii) stating any amount the respondent claims to owe the applicant, how any amount owing is worked out, and why the respondent claims to owe that amount; and\n- (i) answering the applicant’s assertions in the application; and\n- (ii) stating any amount the respondent claims to owe the applicant, how any amount owing is worked out, and why the respondent claims to owe that amount; and\n- (c) comply with any requirements about the response stated in a practice direction; and\n- (d) be filed.\n- (i) within 28 days after the respondent is given a copy of the application; and\n- (ii) in the approved form; and\n- (i) answering the applicant’s assertions in the application; and\n- (ii) stating any amount the respondent claims to owe the applicant, how any amount owing is worked out, and why the respondent claims to owe that amount; and\n- (a) the applicant; and\n- (b) each person to whom a copy of the application was given under section 37 of the Act ; and\n- (c) any person the tribunal directs to be given notice of the response.","sortOrder":63},{"sectionNumber":"sec.46","sectionType":"section","heading":"Response to application or referral if proceeding against partnership","content":"### sec.46 Response to application or referral if proceeding against partnership\n\nIf a proceeding is started against a partnership, a response to the application or referral for the proceeding must be in the partnership name.\nSections 131 and  132 of the Act provide for the enforcement of a decision of the tribunal by a court as if the decision were an order of the court. See the Uniform Civil Procedure Rules, rule 88 in relation to enforcing an order of a court against partners in a partnership name.","sortOrder":64},{"sectionNumber":"sec.47","sectionType":"section","heading":"Response to application or referral if proceeding against business name","content":"### sec.47 Response to application or referral if proceeding against business name\n\nThis rule applies if a proceeding is brought against an entity—\nin relation to a business carried on by the entity under a name other than the entity’s own name; and\nregardless of whether the name is registered on the Business Names Register or held under business names legislation.\nA response to the application or referral in the proceeding must be in the name of an entity and not in the name mentioned in subrule (1) .\nA person who responds to an application or referral in the proceeding must file and give with the response a statement of the names and contact details of all persons who were carrying on business under the name as at the day a copy of the application or referral was given to the person.\nThe principal registrar may set aside a person’s response to an application or referral if the person does not comply with subrule (3) .\nFor subrule (1) (b) , a name is held under business names legislation only if it is held under—\nthe Business Names Registration Act 2011 (Cwlth) , section 54 ; or\nthe Business Names Registration (Transitional and Consequential Provisions) Act 2011 (Cwlth) , schedule 1 , item 5.\nr 47 amd 2012 SL No. 59 s 7\n(sec.47-ssec.1) This rule applies if a proceeding is brought against an entity— in relation to a business carried on by the entity under a name other than the entity’s own name; and regardless of whether the name is registered on the Business Names Register or held under business names legislation.\n(sec.47-ssec.2) A response to the application or referral in the proceeding must be in the name of an entity and not in the name mentioned in subrule (1) .\n(sec.47-ssec.3) A person who responds to an application or referral in the proceeding must file and give with the response a statement of the names and contact details of all persons who were carrying on business under the name as at the day a copy of the application or referral was given to the person.\n(sec.47-ssec.4) The principal registrar may set aside a person’s response to an application or referral if the person does not comply with subrule (3) .\n(sec.47-ssec.5) For subrule (1) (b) , a name is held under business names legislation only if it is held under— the Business Names Registration Act 2011 (Cwlth) , section 54 ; or the Business Names Registration (Transitional and Consequential Provisions) Act 2011 (Cwlth) , schedule 1 , item 5.\n- (a) in relation to a business carried on by the entity under a name other than the entity’s own name; and\n- (b) regardless of whether the name is registered on the Business Names Register or held under business names legislation.\n- (a) the Business Names Registration Act 2011 (Cwlth) , section 54 ; or\n- (b) the Business Names Registration (Transitional and Consequential Provisions) Act 2011 (Cwlth) , schedule 1 , item 5.","sortOrder":65},{"sectionNumber":"pt.6-div.2","sectionType":"division","heading":"Counter-applications","content":"## Counter-applications","sortOrder":66},{"sectionNumber":"sec.48","sectionType":"section","heading":"Respondent may make counter-application except for minor debt claim","content":"### sec.48 Respondent may make counter-application except for minor debt claim\n\nA respondent to an application or referral for a proceeding may, in response to the application or referral, apply to the tribunal for stated orders against another person, who may or may not be a party to the proceeding (a counter-application ).\nA counter-application may be made instead of making a separate application to the tribunal to deal with the matters in relation to which the orders are sought.\nA counter-application can not be made in response to an application for a minor debt claim.\n(sec.48-ssec.1) A respondent to an application or referral for a proceeding may, in response to the application or referral, apply to the tribunal for stated orders against another person, who may or may not be a party to the proceeding (a counter-application ).\n(sec.48-ssec.2) A counter-application may be made instead of making a separate application to the tribunal to deal with the matters in relation to which the orders are sought.\n(sec.48-ssec.3) A counter-application can not be made in response to an application for a minor debt claim.","sortOrder":67},{"sectionNumber":"sec.49","sectionType":"section","heading":"Dealing with counter-application matters for minor debt claim","content":"### sec.49 Dealing with counter-application matters for minor debt claim\n\nIf there are circumstances suggesting that a respondent to an application for a minor debt claim could have, apart from rule 48 (3) , applied for orders against the applicant by way of a counter-application, the tribunal may—\norder that the circumstances be dealt with as a separate minor debt claim; and\ngive any directions the tribunal considers appropriate in relation to the matter.\nIf a respondent has brought a proceeding for an application against an applicant for a matter that, apart from rule 48 (3) may have been the subject of a counter-application to an application for a minor debt claim, the tribunal may—\norder the enforcement of any final decision in the first proceeding be suspended for the time and on the conditions it considers appropriate; and\ngive any directions the tribunal considers appropriate in relation to the matter.\n(sec.49-ssec.1) If there are circumstances suggesting that a respondent to an application for a minor debt claim could have, apart from rule 48 (3) , applied for orders against the applicant by way of a counter-application, the tribunal may— order that the circumstances be dealt with as a separate minor debt claim; and give any directions the tribunal considers appropriate in relation to the matter.\n(sec.49-ssec.2) If a respondent has brought a proceeding for an application against an applicant for a matter that, apart from rule 48 (3) may have been the subject of a counter-application to an application for a minor debt claim, the tribunal may— order the enforcement of any final decision in the first proceeding be suspended for the time and on the conditions it considers appropriate; and give any directions the tribunal considers appropriate in relation to the matter.\n- (a) order that the circumstances be dealt with as a separate minor debt claim; and\n- (b) give any directions the tribunal considers appropriate in relation to the matter.\n- (a) order the enforcement of any final decision in the first proceeding be suspended for the time and on the conditions it considers appropriate; and\n- (b) give any directions the tribunal considers appropriate in relation to the matter.","sortOrder":68},{"sectionNumber":"sec.50","sectionType":"section","heading":"Requirements about counter-application","content":"### sec.50 Requirements about counter-application\n\nA counter-application to an application or referral must—\nbe made in the approved form; and\nother than for a minor civil dispute, be included in or attached to the respondent’s response to the application or referral.\nIf a counter-application for an application other than a minor civil dispute application, or for a referral, is made in relation to a person who is not required to be given a copy of the response to the application or referral under rule 44 or 45 , the respondent must give a copy of the response to the person.\nIf a counter-application is made for a minor civil dispute application, the respondent must give a copy of the counter-application to—\nthe person in relation to whom the counter-application is made; and\neach party to the proceeding; and\nany person the tribunal directs to be given notice of the counter-application.\nIn this rule—\nminor civil dispute application means an application for a minor civil dispute.\n(sec.50-ssec.1) A counter-application to an application or referral must— be made in the approved form; and other than for a minor civil dispute, be included in or attached to the respondent’s response to the application or referral.\n(sec.50-ssec.2) If a counter-application for an application other than a minor civil dispute application, or for a referral, is made in relation to a person who is not required to be given a copy of the response to the application or referral under rule 44 or 45 , the respondent must give a copy of the response to the person.\n(sec.50-ssec.3) If a counter-application is made for a minor civil dispute application, the respondent must give a copy of the counter-application to— the person in relation to whom the counter-application is made; and each party to the proceeding; and any person the tribunal directs to be given notice of the counter-application.\n(sec.50-ssec.4) In this rule— minor civil dispute application means an application for a minor civil dispute.\n- (a) be made in the approved form; and\n- (b) other than for a minor civil dispute, be included in or attached to the respondent’s response to the application or referral.\n- (a) the person in relation to whom the counter-application is made; and\n- (b) each party to the proceeding; and\n- (c) any person the tribunal directs to be given notice of the counter-application.","sortOrder":69},{"sectionNumber":"sec.51","sectionType":"section","heading":"Conduct of proceeding if counter-application made","content":"### sec.51 Conduct of proceeding if counter-application made\n\nThis rule applies if a counter-application is made in a proceeding.\nThe counter-application must be dealt with in the proceeding.\nThe proceeding so far as it relates to the counter-application must be conducted as if it were a proceeding for an application for the orders the subject of the counter-application and, for that purpose—\nthe respondent who made the counter-application is taken to be the applicant; and\nthe person in relation to whom the counter-application is made is taken to be the respondent.\nThe tribunal may, at any time, make the directions the tribunal considers appropriate about the conduct of the proceeding so far as it relates to the counter-application.\n(sec.51-ssec.1) This rule applies if a counter-application is made in a proceeding.\n(sec.51-ssec.2) The counter-application must be dealt with in the proceeding.\n(sec.51-ssec.3) The proceeding so far as it relates to the counter-application must be conducted as if it were a proceeding for an application for the orders the subject of the counter-application and, for that purpose— the respondent who made the counter-application is taken to be the applicant; and the person in relation to whom the counter-application is made is taken to be the respondent.\n(sec.51-ssec.4) The tribunal may, at any time, make the directions the tribunal considers appropriate about the conduct of the proceeding so far as it relates to the counter-application.\n- (a) the respondent who made the counter-application is taken to be the applicant; and\n- (b) the person in relation to whom the counter-application is made is taken to be the respondent.","sortOrder":70},{"sectionNumber":"pt.7","sectionType":"part","heading":"Provisions about parties to a proceeding","content":"# Provisions about parties to a proceeding","sortOrder":71},{"sectionNumber":"pt.7-div.1","sectionType":"division","heading":"Appearance by party that is not an individual or by a group of applicants","content":"## Appearance by party that is not an individual or by a group of applicants","sortOrder":72},{"sectionNumber":"sec.52","sectionType":"section","heading":"Purpose and explanation of div 1","content":"### sec.52 Purpose and explanation of div 1\n\nThis division provides for—\nhow a party that is not an individual may appear in a proceeding; and\nhow a group of applicants may appear in a proceeding.\nThis division does not provide for how a party may be represented in a proceeding.\nSee section 43 of the Act in relation to representation of a party in a proceeding, including the limited circumstances in which a party may be represented.\nNothing in this division requires a party to a proceeding to obtain the tribunal’s leave to appear in the proceeding through an Australian legal practitioner if the party is represented in the proceeding by the practitioner under section 43 of the Act .\n(sec.52-ssec.1) This division provides for— how a party that is not an individual may appear in a proceeding; and how a group of applicants may appear in a proceeding.\n(sec.52-ssec.2) This division does not provide for how a party may be represented in a proceeding. See section 43 of the Act in relation to representation of a party in a proceeding, including the limited circumstances in which a party may be represented.\n(sec.52-ssec.3) Nothing in this division requires a party to a proceeding to obtain the tribunal’s leave to appear in the proceeding through an Australian legal practitioner if the party is represented in the proceeding by the practitioner under section 43 of the Act .\n- (a) how a party that is not an individual may appear in a proceeding; and\n- (b) how a group of applicants may appear in a proceeding.","sortOrder":73},{"sectionNumber":"sec.53","sectionType":"section","heading":"State agency","content":"### sec.53 State agency\n\nA State agency may appear in a proceeding through an employee, officer or member of the agency who is authorised by the agency to act for it in the proceeding.\nHowever, the State agency may appear through an Australian legal practitioner or a government legal officer only with the tribunal’s leave.\nIn this rule—\ngovernment legal officer see the Legal Profession Act 2007 .\n(sec.53-ssec.1) A State agency may appear in a proceeding through an employee, officer or member of the agency who is authorised by the agency to act for it in the proceeding.\n(sec.53-ssec.2) However, the State agency may appear through an Australian legal practitioner or a government legal officer only with the tribunal’s leave.\n(sec.53-ssec.3) In this rule— government legal officer see the Legal Profession Act 2007 .","sortOrder":74},{"sectionNumber":"sec.54","sectionType":"section","heading":"Corporation","content":"### sec.54 Corporation\n\nA corporation may appear in a proceeding through an officer of the corporation who is authorised by the corporation to act for it in the proceeding.\nHowever, the corporation may appear through an Australian legal practitioner only with the tribunal’s leave.\nSubrule (2) does not apply if all of the officers of the corporation are Australian legal practitioners.\nIf the officer authorised to act for the corporation under subrule (1) is not an Australian legal practitioner, the corporation must give the tribunal a certificate of authority for the authorisation.\nIn this rule—\nofficer , of a corporation, means—\nan officer within the meaning given by the Corporations Act , section 9 for a corporation; or\nan employee of the corporation.\nr 54 amd 2016 SL No. 19 s 24\n(sec.54-ssec.1) A corporation may appear in a proceeding through an officer of the corporation who is authorised by the corporation to act for it in the proceeding.\n(sec.54-ssec.2) However, the corporation may appear through an Australian legal practitioner only with the tribunal’s leave.\n(sec.54-ssec.3) Subrule (2) does not apply if all of the officers of the corporation are Australian legal practitioners.\n(sec.54-ssec.4) If the officer authorised to act for the corporation under subrule (1) is not an Australian legal practitioner, the corporation must give the tribunal a certificate of authority for the authorisation.\n(sec.54-ssec.5) In this rule— officer , of a corporation, means— an officer within the meaning given by the Corporations Act , section 9 for a corporation; or an employee of the corporation.\n- (a) an officer within the meaning given by the Corporations Act , section 9 for a corporation; or\n- (b) an employee of the corporation.","sortOrder":75},{"sectionNumber":"sec.55","sectionType":"section","heading":"Other entity","content":"### sec.55 Other entity\n\nAn entity other than a State agency or corporation may appear in a proceeding through an officer of the entity who is authorised by the entity to act for it in the proceeding.\nassociation, partnership, trust\nHowever, the entity may appear through an Australian legal practitioner only with the tribunal’s leave.\nSubrule (2) does not apply if all of the officers of the entity are Australian legal practitioners.\nIf the officer authorised to act for the entity under subrule (1) is not an Australian legal practitioner and the tribunal requests it, the entity must give the tribunal a certificate of authority for the authorisation.\nIf an officer is authorised to act for an entity as mentioned in subrule (1) , each member of the entity is taken to have agreed to the officer appearing for the entity in the proceeding.\nIn this rule—\nmember , of an entity other than a State agency or corporation, means—\ngenerally—a member (however called) of the entity; or\nfor a partnership—a partner of the entity; or\nfor a trust—a trustee or beneficiary of the entity.\nofficer , of an entity other than a State agency or corporation, means—\nan officer within the meaning given by the Corporations Act , section 9 for an entity that is not a corporation or individual; or\nan employee of the entity.\n(sec.55-ssec.1) An entity other than a State agency or corporation may appear in a proceeding through an officer of the entity who is authorised by the entity to act for it in the proceeding. association, partnership, trust\n(sec.55-ssec.2) However, the entity may appear through an Australian legal practitioner only with the tribunal’s leave.\n(sec.55-ssec.3) Subrule (2) does not apply if all of the officers of the entity are Australian legal practitioners.\n(sec.55-ssec.4) If the officer authorised to act for the entity under subrule (1) is not an Australian legal practitioner and the tribunal requests it, the entity must give the tribunal a certificate of authority for the authorisation.\n(sec.55-ssec.5) If an officer is authorised to act for an entity as mentioned in subrule (1) , each member of the entity is taken to have agreed to the officer appearing for the entity in the proceeding.\n(sec.55-ssec.6) In this rule— member , of an entity other than a State agency or corporation, means— generally—a member (however called) of the entity; or for a partnership—a partner of the entity; or for a trust—a trustee or beneficiary of the entity. officer , of an entity other than a State agency or corporation, means— an officer within the meaning given by the Corporations Act , section 9 for an entity that is not a corporation or individual; or an employee of the entity.\n- (a) generally—a member (however called) of the entity; or\n- (b) for a partnership—a partner of the entity; or\n- (c) for a trust—a trustee or beneficiary of the entity.\n- (a) an officer within the meaning given by the Corporations Act , section 9 for an entity that is not a corporation or individual; or\n- (b) an employee of the entity.","sortOrder":76},{"sectionNumber":"sec.56","sectionType":"section","heading":"Joint applicants","content":"### sec.56 Joint applicants\n\nThe applicants ( joint applicants ) for a joint application or joint referral may appear in a proceeding through 1 of the applicants who is authorised by the joint applicants to act for them in the proceeding.\nHowever, the joint applicants may appear through an Australian legal practitioner only with the tribunal’s leave.\nSubrule (2) does not apply if all of the applicants are Australian legal practitioners.\nIf the applicant authorised to act for the joint applicants under subrule (1) is not an Australian legal practitioner and the tribunal requests it, the joint applicants must give the tribunal a certificate of authority for the authorisation signed by all of the joint applicants.\n(sec.56-ssec.1) The applicants ( joint applicants ) for a joint application or joint referral may appear in a proceeding through 1 of the applicants who is authorised by the joint applicants to act for them in the proceeding.\n(sec.56-ssec.2) However, the joint applicants may appear through an Australian legal practitioner only with the tribunal’s leave.\n(sec.56-ssec.3) Subrule (2) does not apply if all of the applicants are Australian legal practitioners.\n(sec.56-ssec.4) If the applicant authorised to act for the joint applicants under subrule (1) is not an Australian legal practitioner and the tribunal requests it, the joint applicants must give the tribunal a certificate of authority for the authorisation signed by all of the joint applicants.","sortOrder":77},{"sectionNumber":"pt.7-div.2","sectionType":"division","heading":"Persons who are disqualified from representing a party","content":"## Persons who are disqualified from representing a party","sortOrder":78},{"sectionNumber":"sec.57","sectionType":"section","heading":"Person who is or was a lawyer","content":"### sec.57 Person who is or was a lawyer\n\nA person is disqualified from representing a party to a proceeding if—\nthe person has been the subject of—\na discipline application under the Legal Profession Act 2007 ; or\nan application equivalent to a discipline application under a corresponding law within the meaning of the Legal Profession Act 2007 ; and\nthe person has been, in the proceeding, found guilty of professional misconduct or unsatisfactory professional conduct; and\nthe president has not made a declaration under subrule (2) about the person.\nThe president may declare that a person to whom subrule (1) applies is not disqualified from representing a party in a proceeding if the president is satisfied the conduct of the person constituting the misconduct or conduct mentioned in the subrule is not serious enough to disqualify the person from representing the party in the proceeding.\nIn this rule—\nprofessional misconduct see the Legal Profession Act 2007 .\nunsatisfactory professional conduct see the Legal Profession Act 2007 .\nr 57 amd 2012 SL No. 59 s 8\n(sec.57-ssec.1) A person is disqualified from representing a party to a proceeding if— the person has been the subject of— a discipline application under the Legal Profession Act 2007 ; or an application equivalent to a discipline application under a corresponding law within the meaning of the Legal Profession Act 2007 ; and the person has been, in the proceeding, found guilty of professional misconduct or unsatisfactory professional conduct; and the president has not made a declaration under subrule (2) about the person.\n(sec.57-ssec.2) The president may declare that a person to whom subrule (1) applies is not disqualified from representing a party in a proceeding if the president is satisfied the conduct of the person constituting the misconduct or conduct mentioned in the subrule is not serious enough to disqualify the person from representing the party in the proceeding.\n(sec.57-ssec.3) In this rule— professional misconduct see the Legal Profession Act 2007 . unsatisfactory professional conduct see the Legal Profession Act 2007 .\n- (a) the person has been the subject of— (i) a discipline application under the Legal Profession Act 2007 ; or (ii) an application equivalent to a discipline application under a corresponding law within the meaning of the Legal Profession Act 2007 ; and\n- (i) a discipline application under the Legal Profession Act 2007 ; or\n- (ii) an application equivalent to a discipline application under a corresponding law within the meaning of the Legal Profession Act 2007 ; and\n- (b) the person has been, in the proceeding, found guilty of professional misconduct or unsatisfactory professional conduct; and\n- (c) the president has not made a declaration under subrule (2) about the person.\n- (i) a discipline application under the Legal Profession Act 2007 ; or\n- (ii) an application equivalent to a discipline application under a corresponding law within the meaning of the Legal Profession Act 2007 ; and","sortOrder":79},{"sectionNumber":"pt.8","sectionType":"part","heading":"Preliminary dealings with proceedings etc.","content":"# Preliminary dealings with proceedings etc.","sortOrder":80},{"sectionNumber":"pt.8-div.1","sectionType":"division","heading":"Withdrawing application or referral","content":"## Withdrawing application or referral","sortOrder":81},{"sectionNumber":"sec.57A","sectionType":"section","heading":"Notice of withdrawal if tribunal’s leave not required","content":"### sec.57A Notice of withdrawal if tribunal’s leave not required\n\nThis rule applies if an application or referral may be withdrawn without the leave of the tribunal.\nSection 46 (2) of the Act states the applications or referrals that require the tribunal’s leave before they can be withdrawn.\nAn applicant may withdraw the applicant’s application or referral by—\nfiling a notice in the approved form; and\ngiving a copy of the notice to—\neach other party to the proceeding; and\neach other person who was given a copy of the application or referral for the proceeding under section 37 of the Act ; and\nany other person directed by the tribunal to be given notice of the withdrawal.\nr 57A ins 2013 SL No. 292 s 6\n(sec.57A-ssec.1) This rule applies if an application or referral may be withdrawn without the leave of the tribunal. Section 46 (2) of the Act states the applications or referrals that require the tribunal’s leave before they can be withdrawn.\n(sec.57A-ssec.2) An applicant may withdraw the applicant’s application or referral by— filing a notice in the approved form; and giving a copy of the notice to— each other party to the proceeding; and each other person who was given a copy of the application or referral for the proceeding under section 37 of the Act ; and any other person directed by the tribunal to be given notice of the withdrawal.\n- (a) filing a notice in the approved form; and\n- (b) giving a copy of the notice to— (i) each other party to the proceeding; and (ii) each other person who was given a copy of the application or referral for the proceeding under section 37 of the Act ; and (iii) any other person directed by the tribunal to be given notice of the withdrawal.\n- (i) each other party to the proceeding; and\n- (ii) each other person who was given a copy of the application or referral for the proceeding under section 37 of the Act ; and\n- (iii) any other person directed by the tribunal to be given notice of the withdrawal.\n- (i) each other party to the proceeding; and\n- (ii) each other person who was given a copy of the application or referral for the proceeding under section 37 of the Act ; and\n- (iii) any other person directed by the tribunal to be given notice of the withdrawal.","sortOrder":82},{"sectionNumber":"sec.58","sectionType":"section","heading":"Application for leave to withdraw application or referral","content":"### sec.58 Application for leave to withdraw application or referral\n\nAn application for the tribunal’s leave to withdraw an application or referral under section 46 (2) of the Act must be—\nmade—\nif the president has made a practice direction stating the way the application is to be made—in the way stated in the practice direction; or\notherwise—in the approved form; and\nfiled.\nA person applying for the tribunal’s leave to withdraw an application or referral under section 46 (2) of the Act must give notice of the application to—\neach person to whom a copy of the application or referral was given under section 37 of the Act ; and\nany person the tribunal directs to be given notice of the application.\nr 58 amd 2013 SL No. 292 s 7\n(sec.58-ssec.1) An application for the tribunal’s leave to withdraw an application or referral under section 46 (2) of the Act must be— made— if the president has made a practice direction stating the way the application is to be made—in the way stated in the practice direction; or otherwise—in the approved form; and filed.\n(sec.58-ssec.2) A person applying for the tribunal’s leave to withdraw an application or referral under section 46 (2) of the Act must give notice of the application to— each person to whom a copy of the application or referral was given under section 37 of the Act ; and any person the tribunal directs to be given notice of the application.\n- (a) made— (i) if the president has made a practice direction stating the way the application is to be made—in the way stated in the practice direction; or (ii) otherwise—in the approved form; and\n- (i) if the president has made a practice direction stating the way the application is to be made—in the way stated in the practice direction; or\n- (ii) otherwise—in the approved form; and\n- (b) filed.\n- (i) if the president has made a practice direction stating the way the application is to be made—in the way stated in the practice direction; or\n- (ii) otherwise—in the approved form; and\n- (a) each person to whom a copy of the application or referral was given under section 37 of the Act ; and\n- (b) any person the tribunal directs to be given notice of the application.","sortOrder":83},{"sectionNumber":"sec.59","sectionType":"section","heading":"Notice of withdrawal of application or referral","content":"### sec.59 Notice of withdrawal of application or referral\n\nIf the tribunal gives an applicant leave to withdraw an application or referral under section 46 (2) of the Act , the principal registrar must give notice of the withdrawal to—\nthe applicant; and\neach person to whom a copy of the application or referral was given under section 37 of the Act ; and\nany person the tribunal directs to be given notice of the withdrawal.\nr 59 amd 2013 SL No. 292 s 8\n- (a) the applicant; and\n- (b) each person to whom a copy of the application or referral was given under section 37 of the Act ; and\n- (c) any person the tribunal directs to be given notice of the withdrawal.","sortOrder":84},{"sectionNumber":"pt.8-div.2","sectionType":"division","heading":"Decision by default","content":"## Decision by default","sortOrder":85},{"sectionNumber":"sec.60","sectionType":"section","heading":"Form of application for debt or liquidated demand of money","content":"### sec.60 Form of application for debt or liquidated demand of money\n\nAn application for a decision by default for a debt or liquidated demand of money must be made—\nin the approved form; or\nif the application is filed electronically under rule 24 (1) (c) and a practice direction prescribes the form to be used—in that form.\nThe application must have the following attached—\nan affidavit about how a copy of the original application for the recovery of the debt or liquidated demand of money was given to the respondent;\nan affidavit about the debt or liquidated demand of money stating—\nthat the whole of the debt or liquidated demand of money is still owing; or\nif part of the debt or liquidated demand of money has been paid—when the payment was made, the amount paid and how much is still owing.\nThe application must be filed.\nr 60 amd 2013 SL No. 292 s 9\nsub 2016 SL No. 19 s 25\n(sec.60-ssec.1) An application for a decision by default for a debt or liquidated demand of money must be made— in the approved form; or if the application is filed electronically under rule 24 (1) (c) and a practice direction prescribes the form to be used—in that form.\n(sec.60-ssec.2) The application must have the following attached— an affidavit about how a copy of the original application for the recovery of the debt or liquidated demand of money was given to the respondent; an affidavit about the debt or liquidated demand of money stating— that the whole of the debt or liquidated demand of money is still owing; or if part of the debt or liquidated demand of money has been paid—when the payment was made, the amount paid and how much is still owing.\n(sec.60-ssec.3) The application must be filed.\n- (a) in the approved form; or\n- (b) if the application is filed electronically under rule 24 (1) (c) and a practice direction prescribes the form to be used—in that form.\n- (a) an affidavit about how a copy of the original application for the recovery of the debt or liquidated demand of money was given to the respondent;\n- (b) an affidavit about the debt or liquidated demand of money stating— (i) that the whole of the debt or liquidated demand of money is still owing; or (ii) if part of the debt or liquidated demand of money has been paid—when the payment was made, the amount paid and how much is still owing.\n- (i) that the whole of the debt or liquidated demand of money is still owing; or\n- (ii) if part of the debt or liquidated demand of money has been paid—when the payment was made, the amount paid and how much is still owing.\n- (i) that the whole of the debt or liquidated demand of money is still owing; or\n- (ii) if part of the debt or liquidated demand of money has been paid—when the payment was made, the amount paid and how much is still owing.","sortOrder":86},{"sectionNumber":"sec.60A","sectionType":"section","heading":"Form of application for unliquidated damages","content":"### sec.60A Form of application for unliquidated damages\n\nAn application for a decision by default claiming recovery of an amount consisting of, or including, unliquidated damages from a person must be made—\nin the approved form; or\nif the application is filed electronically under rule 24 (1) (c) and a practice direction prescribes the form to be used—in that form.\nThe application must have the following attached—\nan affidavit about how a copy of the original application for the recovery of the unliquidated damages was given to the respondent;\nan affidavit about the unliquidated damages—\nstating the basis on which recovery of the amount of unliquidated damages is claimed; and\nincluding all information necessary to show how the claim has been calculated, including by annexing all supporting material to the affidavit; and\nif costs or interest is claimed in the application—stating the basis on which the costs or interest is claimed, including all information necessary to show how the claim has been calculated.\nThe application must be filed.\nr 60A ins 2013 SL No. 292 s 10\nsub 2016 SL No. 19 s 26\n(sec.60A-ssec.1) An application for a decision by default claiming recovery of an amount consisting of, or including, unliquidated damages from a person must be made— in the approved form; or if the application is filed electronically under rule 24 (1) (c) and a practice direction prescribes the form to be used—in that form.\n(sec.60A-ssec.2) The application must have the following attached— an affidavit about how a copy of the original application for the recovery of the unliquidated damages was given to the respondent; an affidavit about the unliquidated damages— stating the basis on which recovery of the amount of unliquidated damages is claimed; and including all information necessary to show how the claim has been calculated, including by annexing all supporting material to the affidavit; and if costs or interest is claimed in the application—stating the basis on which the costs or interest is claimed, including all information necessary to show how the claim has been calculated.\n(sec.60A-ssec.3) The application must be filed.\n- (a) in the approved form; or\n- (b) if the application is filed electronically under rule 24 (1) (c) and a practice direction prescribes the form to be used—in that form.\n- (a) an affidavit about how a copy of the original application for the recovery of the unliquidated damages was given to the respondent;\n- (b) an affidavit about the unliquidated damages— (i) stating the basis on which recovery of the amount of unliquidated damages is claimed; and (ii) including all information necessary to show how the claim has been calculated, including by annexing all supporting material to the affidavit; and (iii) if costs or interest is claimed in the application—stating the basis on which the costs or interest is claimed, including all information necessary to show how the claim has been calculated.\n- (i) stating the basis on which recovery of the amount of unliquidated damages is claimed; and\n- (ii) including all information necessary to show how the claim has been calculated, including by annexing all supporting material to the affidavit; and\n- (iii) if costs or interest is claimed in the application—stating the basis on which the costs or interest is claimed, including all information necessary to show how the claim has been calculated.\n- (i) stating the basis on which recovery of the amount of unliquidated damages is claimed; and\n- (ii) including all information necessary to show how the claim has been calculated, including by annexing all supporting material to the affidavit; and\n- (iii) if costs or interest is claimed in the application—stating the basis on which the costs or interest is claimed, including all information necessary to show how the claim has been calculated.","sortOrder":87},{"sectionNumber":"sec.61","sectionType":"section","heading":null,"content":"### Section sec.61\n\nr 61 amd 2013 SL No. 292 s 11\nom 2022 SL No. 155 s 19","sortOrder":88},{"sectionNumber":"sec.62","sectionType":"section","heading":"Application for electronic decision by default for minor debt claim","content":"### sec.62 Application for electronic decision by default for minor debt claim\n\nThis rule applies if—\nan application for a minor debt claim (the original application ) has been electronically filed under rule 26 ; and\nno document in the proceeding has been filed in paper form; and\nthe applicant intends to electronically file an application for a decision by default ( decision by default application ).\nThe decision by default application must be prepared in a way that would, if a paper copy were made of the application, result in the application complying with the requirements for an approved form mentioned in rule 60 (1) (a) .\nThe decision by default application must have the following documents attached—\nan affidavit about how a copy of the original application was given to the respondent;\nan affidavit about the debt stating—\nthe debt is still owing; or\nif some payment has been made, when payment was made—the amount of the payment and how much of the debt is still owing.\nThe decision by default application must be filed.\nr 62 amd 2016 SL No. 19 s 27 ; 2022 SL No. 155 s 20\n(sec.62-ssec.1) This rule applies if— an application for a minor debt claim (the original application ) has been electronically filed under rule 26 ; and no document in the proceeding has been filed in paper form; and the applicant intends to electronically file an application for a decision by default ( decision by default application ).\n(sec.62-ssec.2) The decision by default application must be prepared in a way that would, if a paper copy were made of the application, result in the application complying with the requirements for an approved form mentioned in rule 60 (1) (a) .\n(sec.62-ssec.3) The decision by default application must have the following documents attached— an affidavit about how a copy of the original application was given to the respondent; an affidavit about the debt stating— the debt is still owing; or if some payment has been made, when payment was made—the amount of the payment and how much of the debt is still owing.\n(sec.62-ssec.4) The decision by default application must be filed.\n- (a) an application for a minor debt claim (the original application ) has been electronically filed under rule 26 ; and\n- (b) no document in the proceeding has been filed in paper form; and\n- (c) the applicant intends to electronically file an application for a decision by default ( decision by default application ).\n- (a) an affidavit about how a copy of the original application was given to the respondent;\n- (b) an affidavit about the debt stating— (i) the debt is still owing; or (ii) if some payment has been made, when payment was made—the amount of the payment and how much of the debt is still owing.\n- (i) the debt is still owing; or\n- (ii) if some payment has been made, when payment was made—the amount of the payment and how much of the debt is still owing.\n- (i) the debt is still owing; or\n- (ii) if some payment has been made, when payment was made—the amount of the payment and how much of the debt is still owing.","sortOrder":89},{"sectionNumber":"sec.63","sectionType":"section","heading":"Electronic decision by default for minor debt claim","content":"### sec.63 Electronic decision by default for minor debt claim\n\nThis rule applies if—\nunder rule 62 , an applicant for a minor debt claim electronically files an application for a decision by default; and\nthe decision by default is made under section 50 of the Act .\nThe tribunal’s decision by default must be given to the person under section 121 (1) of the Act by setting the decision out in an electronic document and sending it by electronic or computer-based means to the service provider who electronically filed the application for the decision.\nWithout limiting the grounds on which the tribunal or a court may set aside or amend the decision, or the grounds on which a court may refuse to enforce the decision, the tribunal or court must set aside the decision if rule 62 (2) or (3) was not complied with.\nr 63 amd 2016 SL No. 19 s 28 ; 2022 SL No. 155 s 21\n(sec.63-ssec.1) This rule applies if— under rule 62 , an applicant for a minor debt claim electronically files an application for a decision by default; and the decision by default is made under section 50 of the Act .\n(sec.63-ssec.2) The tribunal’s decision by default must be given to the person under section 121 (1) of the Act by setting the decision out in an electronic document and sending it by electronic or computer-based means to the service provider who electronically filed the application for the decision.\n(sec.63-ssec.3) Without limiting the grounds on which the tribunal or a court may set aside or amend the decision, or the grounds on which a court may refuse to enforce the decision, the tribunal or court must set aside the decision if rule 62 (2) or (3) was not complied with.\n- (a) under rule 62 , an applicant for a minor debt claim electronically files an application for a decision by default; and\n- (b) the decision by default is made under section 50 of the Act .","sortOrder":90},{"sectionNumber":"sec.64","sectionType":"section","heading":"Claiming particular amounts for decision by default","content":"### sec.64 Claiming particular amounts for decision by default\n\nFor sections 50 (2) (c) and 50A (3) (d) of the Act , the legal costs must be based on the scale of costs applying in the Magistrates Courts under the Uniform Civil Procedure Rules, rule 691 .\nThe scale of costs applying in the Magistrates Courts are under the Uniform Civil Procedure Rules, schedule 3 .\nr 64 amd 2013 SL No. 292 s 12","sortOrder":91},{"sectionNumber":"pt.8-div.3","sectionType":"division","heading":"Settlement and accepted offers to settle","content":"## Settlement and accepted offers to settle","sortOrder":92},{"sectionNumber":"sec.65","sectionType":"section","heading":"Offer must be written and may be open or closed","content":"### sec.65 Offer must be written and may be open or closed\n\nAn offer to settle a proceeding—\nmust be made in writing; and\nmay be—\nan open offer, meaning that any party may mention the offer, or any terms of the offer, at any time during the proceeding; or\na closed offer, meaning that the tribunal should not be told the offer has been made until after it has made its final decision in the proceeding.\nIf an offer does not state it is an open offer or closed offer, the offer is taken to be a closed offer.\n(sec.65-ssec.1) An offer to settle a proceeding— must be made in writing; and may be— an open offer, meaning that any party may mention the offer, or any terms of the offer, at any time during the proceeding; or a closed offer, meaning that the tribunal should not be told the offer has been made until after it has made its final decision in the proceeding.\n(sec.65-ssec.2) If an offer does not state it is an open offer or closed offer, the offer is taken to be a closed offer.\n- (a) must be made in writing; and\n- (b) may be— (i) an open offer, meaning that any party may mention the offer, or any terms of the offer, at any time during the proceeding; or (ii) a closed offer, meaning that the tribunal should not be told the offer has been made until after it has made its final decision in the proceeding.\n- (i) an open offer, meaning that any party may mention the offer, or any terms of the offer, at any time during the proceeding; or\n- (ii) a closed offer, meaning that the tribunal should not be told the offer has been made until after it has made its final decision in the proceeding.\n- (i) an open offer, meaning that any party may mention the offer, or any terms of the offer, at any time during the proceeding; or\n- (ii) a closed offer, meaning that the tribunal should not be told the offer has been made until after it has made its final decision in the proceeding.","sortOrder":93},{"sectionNumber":"sec.66","sectionType":"section","heading":"Expiry of offer","content":"### sec.66 Expiry of offer\n\nAn offer to settle a proceeding may be made at any time before the tribunal makes its final decision in the proceeding.\nAn offer to settle a proceeding made before a hearing starts expires on the earlier of the following—\nthe day the hearing of the proceeding starts;\nthe expiry date stated in the offer.\nAn offer to settle a proceeding made after a hearing starts expires on the earlier of the following—\nthe day the tribunal makes its final decision in the proceeding;\nthe expiry date stated in the offer.\n(sec.66-ssec.1) An offer to settle a proceeding may be made at any time before the tribunal makes its final decision in the proceeding.\n(sec.66-ssec.2) An offer to settle a proceeding made before a hearing starts expires on the earlier of the following— the day the hearing of the proceeding starts; the expiry date stated in the offer.\n(sec.66-ssec.3) An offer to settle a proceeding made after a hearing starts expires on the earlier of the following— the day the tribunal makes its final decision in the proceeding; the expiry date stated in the offer.\n- (a) the day the hearing of the proceeding starts;\n- (b) the expiry date stated in the offer.\n- (a) the day the tribunal makes its final decision in the proceeding;\n- (b) the expiry date stated in the offer.","sortOrder":94},{"sectionNumber":"sec.67","sectionType":"section","heading":"Acceptance of offer","content":"### sec.67 Acceptance of offer\n\nA party to a proceeding may accept an offer to settle the proceeding by giving written notice of the acceptance, before the offer expires, to the party who made the offer.\nA party to a proceeding may accept an offer even though the party has made a counteroffer.\nSee rule 86 for a consequence of not accepting an offer.\n(sec.67-ssec.1) A party to a proceeding may accept an offer to settle the proceeding by giving written notice of the acceptance, before the offer expires, to the party who made the offer.\n(sec.67-ssec.2) A party to a proceeding may accept an offer even though the party has made a counteroffer. See rule 86 for a consequence of not accepting an offer.","sortOrder":95},{"sectionNumber":"sec.68","sectionType":"section","heading":"Amendment of order giving effect to settlement","content":"### sec.68 Amendment of order giving effect to settlement\n\nAn application under section 88 (2) of the Act for an amendment of an order giving effect to a settlement for a proceeding must be made—\nin the approved form; and\nwithin 28 days after the order is made; and\nby filing it.\n- (a) in the approved form; and\n- (b) within 28 days after the order is made; and\n- (c) by filing it.","sortOrder":96},{"sectionNumber":"pt.8-div.3A","sectionType":"division","heading":"Conciliation","content":"## Conciliation","sortOrder":97},{"sectionNumber":"sec.68A","sectionType":"section","heading":"Notice of conciliation","content":"### sec.68A Notice of conciliation\n\nThis rule applies if, under section 66A of the Act , the tribunal or the principal registrar refers the parties to a proceeding to attend conciliation.\nThe written notice of the referral given under section 66A (3) of the Act must—\nstate when and where the conciliation is to be conducted; and\nbe given in the time stated in a practice direction.\nThe principal registrar must also give written notice of the referral, as stated in subrule (2) , to—\na person to whom notice of the conciliation is required to be given under an enabling Act; and\nthe conciliator who is to conduct the conciliation; and\nany other person the principal registrar reasonably considers should be given notice of the conciliation.\nr 68A ins 2019 SL No. 166 s 4\n(sec.68A-ssec.1) This rule applies if, under section 66A of the Act , the tribunal or the principal registrar refers the parties to a proceeding to attend conciliation.\n(sec.68A-ssec.2) The written notice of the referral given under section 66A (3) of the Act must— state when and where the conciliation is to be conducted; and be given in the time stated in a practice direction.\n(sec.68A-ssec.3) The principal registrar must also give written notice of the referral, as stated in subrule (2) , to— a person to whom notice of the conciliation is required to be given under an enabling Act; and the conciliator who is to conduct the conciliation; and any other person the principal registrar reasonably considers should be given notice of the conciliation.\n- (a) state when and where the conciliation is to be conducted; and\n- (b) be given in the time stated in a practice direction.\n- (a) a person to whom notice of the conciliation is required to be given under an enabling Act; and\n- (b) the conciliator who is to conduct the conciliation; and\n- (c) any other person the principal registrar reasonably considers should be given notice of the conciliation.","sortOrder":98},{"sectionNumber":"sec.68B","sectionType":"section","heading":"Parties must assist conciliator","content":"### sec.68B Parties must assist conciliator\n\nThe parties to a proceeding must—\nact reasonably and genuinely in a conciliation; and\nhelp the conciliator to start and finish the conciliation within the time estimated by the conciliator or stated in the written notice of the referral for conciliation.\nr 68B ins 2019 SL No. 166 s 4\n- (a) act reasonably and genuinely in a conciliation; and\n- (b) help the conciliator to start and finish the conciliation within the time estimated by the conciliator or stated in the written notice of the referral for conciliation.","sortOrder":99},{"sectionNumber":"sec.68C","sectionType":"section","heading":"General powers of conciliator","content":"### sec.68C General powers of conciliator\n\nIn conducting a conciliation, the conciliator may—\ngather information about the nature and facts of the matter to which the conciliation relates in a way decided by the conciliator; and\nduring the conciliation—see the parties with or without their representatives, together or separately.\nr 68C ins 2019 SL No. 166 s 4\n- (a) gather information about the nature and facts of the matter to which the conciliation relates in a way decided by the conciliator; and\n- (b) during the conciliation—see the parties with or without their representatives, together or separately.","sortOrder":100},{"sectionNumber":"sec.68D","sectionType":"section","heading":"Other rules about conduct of conciliation","content":"### sec.68D Other rules about conduct of conciliation\n\nIf the parties to a proceeding agree to settle the proceeding, or a part of the proceeding at conciliation, the conciliator must discuss the following with the parties—\nthe terms of the settlement;\nif the conciliator is a member, an adjudicator or the principal registrar—whether the terms will be recorded in writing under section 85 (2) of the Act and the orders the conciliator is to make to give effect to the settlement under that section;\nif the conciliator is not a member, an adjudicator or the principal registrar—\nwhether the terms will be recorded in writing, signed by the parties and filed under section 85 (4) of the Act ; and\nwhether the parties consider tribunal orders are required to give effect to the settlement and, if so, the orders that the parties consider are required; and\nthe things said or done in the conciliation that the parties agree may be admitted into evidence for the proceeding, including, for example, the tribunal orders that the parties consider are required as mentioned in subparagraph (ii) ;\nanything else the conciliator considers may help the parties give effect to the settlement.\nSubrule (3) applies in relation to a proceeding, or a part of a proceeding, for a matter stated in a practice direction for the subrule.\nIf a conciliator has attempted unsuccessfully to settle a proceeding or a part of a proceeding by conciliation, the conciliator must—\nin the way stated in the practice direction, help the parties to identify—\nthe issues that are in dispute in the proceeding or part; and\nthe issues that are no longer in dispute in the proceeding or part; and\ndiscuss with the parties the things said or done in the conciliation that the parties agree may be admitted into evidence for the proceeding, including, for example, the issues identified under paragraph (a) .\nr 68D ins 2019 SL No. 166 s 4\n(sec.68D-ssec.1) If the parties to a proceeding agree to settle the proceeding, or a part of the proceeding at conciliation, the conciliator must discuss the following with the parties— the terms of the settlement; if the conciliator is a member, an adjudicator or the principal registrar—whether the terms will be recorded in writing under section 85 (2) of the Act and the orders the conciliator is to make to give effect to the settlement under that section; if the conciliator is not a member, an adjudicator or the principal registrar— whether the terms will be recorded in writing, signed by the parties and filed under section 85 (4) of the Act ; and whether the parties consider tribunal orders are required to give effect to the settlement and, if so, the orders that the parties consider are required; and the things said or done in the conciliation that the parties agree may be admitted into evidence for the proceeding, including, for example, the tribunal orders that the parties consider are required as mentioned in subparagraph (ii) ; anything else the conciliator considers may help the parties give effect to the settlement.\n(sec.68D-ssec.2) Subrule (3) applies in relation to a proceeding, or a part of a proceeding, for a matter stated in a practice direction for the subrule.\n(sec.68D-ssec.3) If a conciliator has attempted unsuccessfully to settle a proceeding or a part of a proceeding by conciliation, the conciliator must— in the way stated in the practice direction, help the parties to identify— the issues that are in dispute in the proceeding or part; and the issues that are no longer in dispute in the proceeding or part; and discuss with the parties the things said or done in the conciliation that the parties agree may be admitted into evidence for the proceeding, including, for example, the issues identified under paragraph (a) .\n- (a) the terms of the settlement;\n- (b) if the conciliator is a member, an adjudicator or the principal registrar—whether the terms will be recorded in writing under section 85 (2) of the Act and the orders the conciliator is to make to give effect to the settlement under that section;\n- (c) if the conciliator is not a member, an adjudicator or the principal registrar— (i) whether the terms will be recorded in writing, signed by the parties and filed under section 85 (4) of the Act ; and (ii) whether the parties consider tribunal orders are required to give effect to the settlement and, if so, the orders that the parties consider are required; and (iii) the things said or done in the conciliation that the parties agree may be admitted into evidence for the proceeding, including, for example, the tribunal orders that the parties consider are required as mentioned in subparagraph (ii) ;\n- (i) whether the terms will be recorded in writing, signed by the parties and filed under section 85 (4) of the Act ; and\n- (ii) whether the parties consider tribunal orders are required to give effect to the settlement and, if so, the orders that the parties consider are required; and\n- (iii) the things said or done in the conciliation that the parties agree may be admitted into evidence for the proceeding, including, for example, the tribunal orders that the parties consider are required as mentioned in subparagraph (ii) ;\n- (d) anything else the conciliator considers may help the parties give effect to the settlement.\n- (i) whether the terms will be recorded in writing, signed by the parties and filed under section 85 (4) of the Act ; and\n- (ii) whether the parties consider tribunal orders are required to give effect to the settlement and, if so, the orders that the parties consider are required; and\n- (iii) the things said or done in the conciliation that the parties agree may be admitted into evidence for the proceeding, including, for example, the tribunal orders that the parties consider are required as mentioned in subparagraph (ii) ;\n- (a) in the way stated in the practice direction, help the parties to identify— (i) the issues that are in dispute in the proceeding or part; and (ii) the issues that are no longer in dispute in the proceeding or part; and\n- (i) the issues that are in dispute in the proceeding or part; and\n- (ii) the issues that are no longer in dispute in the proceeding or part; and\n- (b) discuss with the parties the things said or done in the conciliation that the parties agree may be admitted into evidence for the proceeding, including, for example, the issues identified under paragraph (a) .\n- (i) the issues that are in dispute in the proceeding or part; and\n- (ii) the issues that are no longer in dispute in the proceeding or part; and","sortOrder":101},{"sectionNumber":"sec.68E","sectionType":"section","heading":"Outcome of conciliation","content":"### sec.68E Outcome of conciliation\n\nAs soon as practicable after a conciliation for a proceeding ends, the conciliator must file a certificate in the approved form about the outcome of the conciliation.\nA certificate filed under subrule (1) —\nmust not state anything about the extent to which a party to the proceeding participated or refused to participate in the conciliation; but\nmay state that a stated party to the proceeding did not attend the conciliation.\nA certificate filed under subrule (1) must identify the things said or done in the conciliation that the parties have agreed may be admitted into evidence in the proceeding under section 66J (2) (a) of the Act .\nIf the conciliator is not the principal registrar and files a certificate under subrule (1) , the conciliator is taken to have notified the principal registrar as required under section 66I of the Act .\nr 68E ins 2019 SL No. 166 s 4\n(sec.68E-ssec.1) As soon as practicable after a conciliation for a proceeding ends, the conciliator must file a certificate in the approved form about the outcome of the conciliation.\n(sec.68E-ssec.2) A certificate filed under subrule (1) — must not state anything about the extent to which a party to the proceeding participated or refused to participate in the conciliation; but may state that a stated party to the proceeding did not attend the conciliation.\n(sec.68E-ssec.3) A certificate filed under subrule (1) must identify the things said or done in the conciliation that the parties have agreed may be admitted into evidence in the proceeding under section 66J (2) (a) of the Act .\n(sec.68E-ssec.4) If the conciliator is not the principal registrar and files a certificate under subrule (1) , the conciliator is taken to have notified the principal registrar as required under section 66I of the Act .\n- (a) must not state anything about the extent to which a party to the proceeding participated or refused to participate in the conciliation; but\n- (b) may state that a stated party to the proceeding did not attend the conciliation.","sortOrder":102},{"sectionNumber":"pt.8-div.4","sectionType":"division","heading":"Compulsory conference","content":"## Compulsory conference","sortOrder":103},{"sectionNumber":"sec.69","sectionType":"section","heading":"Notice of conference","content":"### sec.69 Notice of conference\n\nThis rule applies if, under section 67 of the Act , the tribunal or the principal registrar directs the parties to a proceeding to attend a compulsory conference.\nThe written notice of the conference given under section 67 (2) of the Act must—\nstate when and where the compulsory conference is to be held; and\nbe given in the time stated in a practice direction.\n(sec.69-ssec.1) This rule applies if, under section 67 of the Act , the tribunal or the principal registrar directs the parties to a proceeding to attend a compulsory conference.\n(sec.69-ssec.2) The written notice of the conference given under section 67 (2) of the Act must— state when and where the compulsory conference is to be held; and be given in the time stated in a practice direction.\n- (a) state when and where the compulsory conference is to be held; and\n- (b) be given in the time stated in a practice direction.","sortOrder":104},{"sectionNumber":"pt.8-div.5","sectionType":"division","heading":"Mediation","content":"## Mediation","sortOrder":105},{"sectionNumber":"sec.70","sectionType":"section","heading":"Notice of mediation","content":"### sec.70 Notice of mediation\n\nThis rule applies if, under section 75 of the Act , the tribunal or the principal registrar refers the subject matter, or a part of the subject matter, of a proceeding for mediation.\nThe written notice of the referral given under section 75 (3) of the Act must—\nstate when and where the mediation is to be conducted; and\nbe given in the time stated in a practice direction.\nThe principal registrar must also give written notice of the referral, as stated in subrule (2) , to—\na person to whom notice of the mediation is required to be given under an enabling Act; and\nthe appointed mediator; and\nany other person the principal registrar reasonably considers should be given notice of the mediation.\n(sec.70-ssec.1) This rule applies if, under section 75 of the Act , the tribunal or the principal registrar refers the subject matter, or a part of the subject matter, of a proceeding for mediation.\n(sec.70-ssec.2) The written notice of the referral given under section 75 (3) of the Act must— state when and where the mediation is to be conducted; and be given in the time stated in a practice direction.\n(sec.70-ssec.3) The principal registrar must also give written notice of the referral, as stated in subrule (2) , to— a person to whom notice of the mediation is required to be given under an enabling Act; and the appointed mediator; and any other person the principal registrar reasonably considers should be given notice of the mediation.\n- (a) state when and where the mediation is to be conducted; and\n- (b) be given in the time stated in a practice direction.\n- (a) a person to whom notice of the mediation is required to be given under an enabling Act; and\n- (b) the appointed mediator; and\n- (c) any other person the principal registrar reasonably considers should be given notice of the mediation.","sortOrder":106},{"sectionNumber":"sec.71","sectionType":"section","heading":"Parties must assist mediator","content":"### sec.71 Parties must assist mediator\n\nThe parties to a proceeding must—\nact reasonably and genuinely in a mediation; and\nhelp the mediator to start and finish the mediation within the time estimated by the mediator or stated in the written notice of the referral for mediation.\n- (a) act reasonably and genuinely in a mediation; and\n- (b) help the mediator to start and finish the mediation within the time estimated by the mediator or stated in the written notice of the referral for mediation.","sortOrder":107},{"sectionNumber":"sec.72","sectionType":"section","heading":"General powers of mediator","content":"### sec.72 General powers of mediator\n\nIn conducting a mediation, the mediator may—\ngather information about the nature and facts of the matter to which the mediation relates in a way decided by the mediator; and\nduring the mediation—see the parties with or without their representatives, together or separately.\n- (a) gather information about the nature and facts of the matter to which the mediation relates in a way decided by the mediator; and\n- (b) during the mediation—see the parties with or without their representatives, together or separately.","sortOrder":108},{"sectionNumber":"sec.73","sectionType":"section","heading":"Other rules about conduct of mediation","content":"### sec.73 Other rules about conduct of mediation\n\nIf the parties to a proceeding agree to settle the proceeding, or a part of the proceeding at mediation, the mediator must discuss the following with the parties—\nthe terms of the settlement;\nif the mediator is a member, an adjudicator or the principal registrar—whether the terms will be recorded in writing under section 85 (2) of the Act and the orders the mediator is to make to give effect to the settlement under that section;\nif the mediator is not a member, an adjudicator or the principal registrar—\nwhether the terms will be recorded in writing, signed by the parties and filed under section 85 (4) of the Act ; and\nwhether the parties consider tribunal orders are required to give effect to the settlement and, if so, the orders that the parties consider are required; and\nthe things said or done in the mediation that the parties agree may be admitted into evidence for the proceeding, including, for example, the tribunal orders that the parties consider are required as mentioned in subparagraph (ii) ;\nUnder section 85 (5) of the Act , if signed written terms of the settlement are filed, the tribunal may make the orders necessary to give effect to the settlement.\nanything else the mediator considers may help the parties to give effect to the settlement.\nSubrule (3) applies in relation to a proceeding, or a part of a proceeding, for a matter stated in a practice direction for the subrule.\nIf a mediator has attempted unsuccessfully to settle a proceeding or a part of a proceeding by mediation, the mediator must—\nin the way stated in the practice direction, help the parties to identify—\nthe issues that are in dispute in the proceeding or part; and\nthe issues that are no longer in dispute in the proceeding or part; and\ndiscuss with the parties the things said or done in the mediation that the parties agree may be admitted into evidence for the proceeding, including, for example, the issues identified under paragraph (a) .\n(sec.73-ssec.1) If the parties to a proceeding agree to settle the proceeding, or a part of the proceeding at mediation, the mediator must discuss the following with the parties— the terms of the settlement; if the mediator is a member, an adjudicator or the principal registrar—whether the terms will be recorded in writing under section 85 (2) of the Act and the orders the mediator is to make to give effect to the settlement under that section; if the mediator is not a member, an adjudicator or the principal registrar— whether the terms will be recorded in writing, signed by the parties and filed under section 85 (4) of the Act ; and whether the parties consider tribunal orders are required to give effect to the settlement and, if so, the orders that the parties consider are required; and the things said or done in the mediation that the parties agree may be admitted into evidence for the proceeding, including, for example, the tribunal orders that the parties consider are required as mentioned in subparagraph (ii) ; Under section 85 (5) of the Act , if signed written terms of the settlement are filed, the tribunal may make the orders necessary to give effect to the settlement. anything else the mediator considers may help the parties to give effect to the settlement.\n(sec.73-ssec.2) Subrule (3) applies in relation to a proceeding, or a part of a proceeding, for a matter stated in a practice direction for the subrule.\n(sec.73-ssec.3) If a mediator has attempted unsuccessfully to settle a proceeding or a part of a proceeding by mediation, the mediator must— in the way stated in the practice direction, help the parties to identify— the issues that are in dispute in the proceeding or part; and the issues that are no longer in dispute in the proceeding or part; and discuss with the parties the things said or done in the mediation that the parties agree may be admitted into evidence for the proceeding, including, for example, the issues identified under paragraph (a) .\n- (a) the terms of the settlement;\n- (b) if the mediator is a member, an adjudicator or the principal registrar—whether the terms will be recorded in writing under section 85 (2) of the Act and the orders the mediator is to make to give effect to the settlement under that section;\n- (c) if the mediator is not a member, an adjudicator or the principal registrar— (i) whether the terms will be recorded in writing, signed by the parties and filed under section 85 (4) of the Act ; and (ii) whether the parties consider tribunal orders are required to give effect to the settlement and, if so, the orders that the parties consider are required; and (iii) the things said or done in the mediation that the parties agree may be admitted into evidence for the proceeding, including, for example, the tribunal orders that the parties consider are required as mentioned in subparagraph (ii) ; Note— Under section 85 (5) of the Act , if signed written terms of the settlement are filed, the tribunal may make the orders necessary to give effect to the settlement.\n- (i) whether the terms will be recorded in writing, signed by the parties and filed under section 85 (4) of the Act ; and\n- (ii) whether the parties consider tribunal orders are required to give effect to the settlement and, if so, the orders that the parties consider are required; and\n- (iii) the things said or done in the mediation that the parties agree may be admitted into evidence for the proceeding, including, for example, the tribunal orders that the parties consider are required as mentioned in subparagraph (ii) ;\n- (d) anything else the mediator considers may help the parties to give effect to the settlement.\n- (i) whether the terms will be recorded in writing, signed by the parties and filed under section 85 (4) of the Act ; and\n- (ii) whether the parties consider tribunal orders are required to give effect to the settlement and, if so, the orders that the parties consider are required; and\n- (iii) the things said or done in the mediation that the parties agree may be admitted into evidence for the proceeding, including, for example, the tribunal orders that the parties consider are required as mentioned in subparagraph (ii) ;\n- (a) in the way stated in the practice direction, help the parties to identify— (i) the issues that are in dispute in the proceeding or part; and (ii) the issues that are no longer in dispute in the proceeding or part; and\n- (i) the issues that are in dispute in the proceeding or part; and\n- (ii) the issues that are no longer in dispute in the proceeding or part; and\n- (b) discuss with the parties the things said or done in the mediation that the parties agree may be admitted into evidence for the proceeding, including, for example, the issues identified under paragraph (a) .\n- (i) the issues that are in dispute in the proceeding or part; and\n- (ii) the issues that are no longer in dispute in the proceeding or part; and","sortOrder":109},{"sectionNumber":"sec.74","sectionType":"section","heading":"Outcome of mediation","content":"### sec.74 Outcome of mediation\n\nAs soon as practicable after a mediation for a proceeding ends, the mediator must file a certificate in the approved form about the outcome of the mediation.\nUnder section 83 of the Act , evidence of anything said or done during the mediation is not admissible at any stage of the proceeding except in limited circumstances.\nA certificate filed under subrule (1) —\nmust not state anything about the extent to which a party to the proceeding participated or refused to participate in the mediation; but\nmay state that a stated party to the proceeding did not attend the mediation.\nA certificate filed under subrule (1) must identify the things said or done in the mediation that the parties have agreed may be admitted into evidence in the proceeding under section 83 (2) (a) of the Act .\nIf the mediator is not the principal registrar and files a certificate under subrule (1) , the mediator is taken to have notified the principal registrar as required under section 82 of the Act .\n(sec.74-ssec.1) As soon as practicable after a mediation for a proceeding ends, the mediator must file a certificate in the approved form about the outcome of the mediation. Under section 83 of the Act , evidence of anything said or done during the mediation is not admissible at any stage of the proceeding except in limited circumstances.\n(sec.74-ssec.2) A certificate filed under subrule (1) — must not state anything about the extent to which a party to the proceeding participated or refused to participate in the mediation; but may state that a stated party to the proceeding did not attend the mediation.\n(sec.74-ssec.3) A certificate filed under subrule (1) must identify the things said or done in the mediation that the parties have agreed may be admitted into evidence in the proceeding under section 83 (2) (a) of the Act .\n(sec.74-ssec.4) If the mediator is not the principal registrar and files a certificate under subrule (1) , the mediator is taken to have notified the principal registrar as required under section 82 of the Act .\n- (a) must not state anything about the extent to which a party to the proceeding participated or refused to participate in the mediation; but\n- (b) may state that a stated party to the proceeding did not attend the mediation.","sortOrder":110},{"sectionNumber":"pt.8-div.6","sectionType":"division","heading":"Directions","content":"## Directions","sortOrder":111},{"sectionNumber":"sec.75","sectionType":"section","heading":"Application for direction","content":"### sec.75 Application for direction\n\nA party to a proceeding, or another person who is given a copy of an application or referral for a proceeding under section 37 of the Act , may apply to the tribunal for a direction.\nSection 62 (6) of the Act also provides for the tribunal acting under that section on application by a party to the proceeding.\nA direction may be made at any time in a proceeding. See section 62 (1) of the Act .\nAn application for a direction must be in writing.\nA copy of an application for a direction must be given to—\neach party to the proceeding; and\neach other person who was given a copy of the application or referral for the proceeding under section 37 of the Act ; and\nany person directed by the tribunal to be given notice of the application.\nThe tribunal may decide an application for a direction entirely on the basis of documents, without a hearing or meeting of any kind.\nTo remove any doubt, it is declared that subrules (2) to (4) apply to an application under this rule or under section 62 (6) of the Act .\nIn this rule—\ndirection means a direction under section 62 of the Act .\n(sec.75-ssec.1) A party to a proceeding, or another person who is given a copy of an application or referral for a proceeding under section 37 of the Act , may apply to the tribunal for a direction. Section 62 (6) of the Act also provides for the tribunal acting under that section on application by a party to the proceeding. A direction may be made at any time in a proceeding. See section 62 (1) of the Act .\n(sec.75-ssec.2) An application for a direction must be in writing.\n(sec.75-ssec.3) A copy of an application for a direction must be given to— each party to the proceeding; and each other person who was given a copy of the application or referral for the proceeding under section 37 of the Act ; and any person directed by the tribunal to be given notice of the application.\n(sec.75-ssec.4) The tribunal may decide an application for a direction entirely on the basis of documents, without a hearing or meeting of any kind.\n(sec.75-ssec.5) To remove any doubt, it is declared that subrules (2) to (4) apply to an application under this rule or under section 62 (6) of the Act .\n(sec.75-ssec.6) In this rule— direction means a direction under section 62 of the Act .\n- 1 Section 62 (6) of the Act also provides for the tribunal acting under that section on application by a party to the proceeding.\n- 2 A direction may be made at any time in a proceeding. See section 62 (1) of the Act .\n- (a) each party to the proceeding; and\n- (b) each other person who was given a copy of the application or referral for the proceeding under section 37 of the Act ; and\n- (c) any person directed by the tribunal to be given notice of the application.","sortOrder":112},{"sectionNumber":"pt.9","sectionType":"part","heading":"Other provisions about proceedings","content":"# Other provisions about proceedings","sortOrder":113},{"sectionNumber":"pt.9-div.1","sectionType":"division","heading":"Hearings etc.","content":"## Hearings etc.","sortOrder":114},{"sectionNumber":"sec.76","sectionType":"section","heading":"Form of notice of hearing","content":"### sec.76 Form of notice of hearing\n\nNotice of the hearing of a proceeding given to a person under section 92 of the Act must be given in either of the following ways—\nby endorsing the time and place for the hearing on the copy of the application or referral for the proceeding that the principal registrar gives to the person under the Act ;\nThe principal registrar may give a copy of an application or referral to parties to a proceeding, or other persons, under section 37 (3) (a) of the Act .\nby written notice.\nSee the Guardianship and Administration Act 2000 , section 118 for giving notices of a hearing of a proceeding under that Act.\nSee part 5 about how a notice may be given to an entity.\n- (a) by endorsing the time and place for the hearing on the copy of the application or referral for the proceeding that the principal registrar gives to the person under the Act ; Note— The principal registrar may give a copy of an application or referral to parties to a proceeding, or other persons, under section 37 (3) (a) of the Act .\n- (b) by written notice.\n- 1 See the Guardianship and Administration Act 2000 , section 118 for giving notices of a hearing of a proceeding under that Act.\n- 2 See part 5 about how a notice may be given to an entity.","sortOrder":115},{"sectionNumber":"sec.77","sectionType":"section","heading":"When notice of hearing for minor debt claim given","content":"### sec.77 When notice of hearing for minor debt claim given\n\nThis rule applies if a response to an application for a minor debt claim is filed.\nNotice of the hearing of the proceeding for the application given to a person under section 92 of the Act must be given—\nas soon as practicable after the response is filed; and\nat least 7 days before the hearing.\n(sec.77-ssec.1) This rule applies if a response to an application for a minor debt claim is filed.\n(sec.77-ssec.2) Notice of the hearing of the proceeding for the application given to a person under section 92 of the Act must be given— as soon as practicable after the response is filed; and at least 7 days before the hearing.\n- (a) as soon as practicable after the response is filed; and\n- (b) at least 7 days before the hearing.","sortOrder":116},{"sectionNumber":"sec.78","sectionType":"section","heading":"Requiring person to produce document or thing or give information","content":"### sec.78 Requiring person to produce document or thing or give information\n\nThis rule applies if a party to a proceeding applies to the tribunal for—\na direction under section 62 (3) of the Act requiring another party to the proceeding to produce a document or other thing, or provide information, to the tribunal or the party; or\nan order under section 63 (1) of the Act requiring a person to produce a document or other thing to the tribunal or the party; or\na notice under section 97 (1) (b) of the Act requiring a person to produce a document or other thing to the tribunal.\nThe application must—\nbe made in the approved form; and\nstate—\nthe name and address of the person to be required to produce the document or other thing or to provide the information; and\nthe reasons why the party is requesting the production of the document or other thing or the provision of the information; and\nbe filed.\n(sec.78-ssec.1) This rule applies if a party to a proceeding applies to the tribunal for— a direction under section 62 (3) of the Act requiring another party to the proceeding to produce a document or other thing, or provide information, to the tribunal or the party; or an order under section 63 (1) of the Act requiring a person to produce a document or other thing to the tribunal or the party; or a notice under section 97 (1) (b) of the Act requiring a person to produce a document or other thing to the tribunal.\n(sec.78-ssec.2) The application must— be made in the approved form; and state— the name and address of the person to be required to produce the document or other thing or to provide the information; and the reasons why the party is requesting the production of the document or other thing or the provision of the information; and be filed.\n- (a) a direction under section 62 (3) of the Act requiring another party to the proceeding to produce a document or other thing, or provide information, to the tribunal or the party; or\n- (b) an order under section 63 (1) of the Act requiring a person to produce a document or other thing to the tribunal or the party; or\n- (c) a notice under section 97 (1) (b) of the Act requiring a person to produce a document or other thing to the tribunal.\n- (a) be made in the approved form; and\n- (b) state— (i) the name and address of the person to be required to produce the document or other thing or to provide the information; and (ii) the reasons why the party is requesting the production of the document or other thing or the provision of the information; and\n- (i) the name and address of the person to be required to produce the document or other thing or to provide the information; and\n- (ii) the reasons why the party is requesting the production of the document or other thing or the provision of the information; and\n- (c) be filed.\n- (i) the name and address of the person to be required to produce the document or other thing or to provide the information; and\n- (ii) the reasons why the party is requesting the production of the document or other thing or the provision of the information; and","sortOrder":117},{"sectionNumber":"sec.79","sectionType":"section","heading":"Requiring person to attend hearing","content":"### sec.79 Requiring person to attend hearing\n\nThis rule applies if a party to a proceeding applies to the tribunal for a notice under section 97 (1) (a) of the Act requiring a person to attend the hearing of the proceeding.\nThe application must—\nbe made in the approved form; and\nstate—\nthe name and address of the person to be required to attend the hearing; and\nthe reasons why the person is to be required to attend the hearing; and\nbe filed.\n(sec.79-ssec.1) This rule applies if a party to a proceeding applies to the tribunal for a notice under section 97 (1) (a) of the Act requiring a person to attend the hearing of the proceeding.\n(sec.79-ssec.2) The application must— be made in the approved form; and state— the name and address of the person to be required to attend the hearing; and the reasons why the person is to be required to attend the hearing; and be filed.\n- (a) be made in the approved form; and\n- (b) state— (i) the name and address of the person to be required to attend the hearing; and (ii) the reasons why the person is to be required to attend the hearing; and\n- (i) the name and address of the person to be required to attend the hearing; and\n- (ii) the reasons why the person is to be required to attend the hearing; and\n- (c) be filed.\n- (i) the name and address of the person to be required to attend the hearing; and\n- (ii) the reasons why the person is to be required to attend the hearing; and","sortOrder":118},{"sectionNumber":"sec.80","sectionType":"section","heading":"Documents or things produced before hearing","content":"### sec.80 Documents or things produced before hearing\n\nThis rule applies if, for a proceeding—\na person is required to produce a document or other thing to the tribunal by—\nan order under section 63 (1) of the Act ; or\na notice under section 97 (1) (b) of the Act ; and\nthe person produces the document or other thing to the tribunal before the date stated in the order or notice.\nThe person is not required to attend the hearing of the proceeding to which the order or notice relates unless—\nthe tribunal orders otherwise; or\nthe person has been given notice under section 97 (1) (a) of the Act requiring the person to attend the hearing.\nA party to the proceeding may inspect, copy, photograph or otherwise record an image of the document or thing unless the tribunal orders otherwise.\nr 80 amd 2022 SL No. 155 s 22\n(sec.80-ssec.1) This rule applies if, for a proceeding— a person is required to produce a document or other thing to the tribunal by— an order under section 63 (1) of the Act ; or a notice under section 97 (1) (b) of the Act ; and the person produces the document or other thing to the tribunal before the date stated in the order or notice.\n(sec.80-ssec.2) The person is not required to attend the hearing of the proceeding to which the order or notice relates unless— the tribunal orders otherwise; or the person has been given notice under section 97 (1) (a) of the Act requiring the person to attend the hearing.\n(sec.80-ssec.3) A party to the proceeding may inspect, copy, photograph or otherwise record an image of the document or thing unless the tribunal orders otherwise.\n- (a) a person is required to produce a document or other thing to the tribunal by— (i) an order under section 63 (1) of the Act ; or (ii) a notice under section 97 (1) (b) of the Act ; and\n- (i) an order under section 63 (1) of the Act ; or\n- (ii) a notice under section 97 (1) (b) of the Act ; and\n- (b) the person produces the document or other thing to the tribunal before the date stated in the order or notice.\n- (i) an order under section 63 (1) of the Act ; or\n- (ii) a notice under section 97 (1) (b) of the Act ; and\n- (a) the tribunal orders otherwise; or\n- (b) the person has been given notice under section 97 (1) (a) of the Act requiring the person to attend the hearing.","sortOrder":119},{"sectionNumber":"sec.81","sectionType":"section","heading":"Limited disclosure for minor debt claim","content":"### sec.81 Limited disclosure for minor debt claim\n\nA party to a proceeding for a minor debt claim can not require another party to the proceeding to disclose documents in the possession or under the control of the other party and directly relevant to an allegation in issue in the proceeding, unless the tribunal orders otherwise.\nHowever, all parties to the proceeding must make all relevant documents available at the hearing of the proceeding.\n(sec.81-ssec.1) A party to a proceeding for a minor debt claim can not require another party to the proceeding to disclose documents in the possession or under the control of the other party and directly relevant to an allegation in issue in the proceeding, unless the tribunal orders otherwise.\n(sec.81-ssec.2) However, all parties to the proceeding must make all relevant documents available at the hearing of the proceeding.","sortOrder":120},{"sectionNumber":"sec.82","sectionType":"section","heading":"Procedure for expedited hearing","content":"### sec.82 Procedure for expedited hearing\n\nBefore an expedited hearing each party to the hearing must, if directed by the tribunal—\nfile statements of witnesses, expert reports and other documents the party intends to rely on; and\nexchange these with the other parties within the time limit set by the tribunal.\nAt the expedited hearing—\nthe parties must, as directed by the tribunal, arrange for the attendance of witnesses, including expert witnesses to clarify or expand on evidence in the documents filed; and\nthe tribunal may limit the time for the hearing and allocate the time equally between the parties.\nUnder section 95 (2) (c) of the Act , cross-examination and re-examination of witnesses in an expedited hearing is at the discretion of the tribunal.\nIn this rule—\nexpedited hearing means an expedited hearing under section 94 of the Act .\n(sec.82-ssec.1) Before an expedited hearing each party to the hearing must, if directed by the tribunal— file statements of witnesses, expert reports and other documents the party intends to rely on; and exchange these with the other parties within the time limit set by the tribunal.\n(sec.82-ssec.2) At the expedited hearing— the parties must, as directed by the tribunal, arrange for the attendance of witnesses, including expert witnesses to clarify or expand on evidence in the documents filed; and the tribunal may limit the time for the hearing and allocate the time equally between the parties. Under section 95 (2) (c) of the Act , cross-examination and re-examination of witnesses in an expedited hearing is at the discretion of the tribunal.\n(sec.82-ssec.3) In this rule— expedited hearing means an expedited hearing under section 94 of the Act .\n- (a) file statements of witnesses, expert reports and other documents the party intends to rely on; and\n- (b) exchange these with the other parties within the time limit set by the tribunal.\n- (a) the parties must, as directed by the tribunal, arrange for the attendance of witnesses, including expert witnesses to clarify or expand on evidence in the documents filed; and\n- (b) the tribunal may limit the time for the hearing and allocate the time equally between the parties.","sortOrder":121},{"sectionNumber":"pt.9-div.2","sectionType":"division","heading":"Costs","content":"## Costs","sortOrder":122},{"sectionNumber":"sec.83","sectionType":"section","heading":"Costs that may be awarded for minor civil dispute other than minor debt claim","content":"### sec.83 Costs that may be awarded for minor civil dispute other than minor debt claim\n\nFor section 102 of the Act , the tribunal may award costs against a party to a proceeding for a minor civil dispute other than a minor debt claim—\nonly if the party is a respondent against whom the tribunal has made a final decision; and\nonly to order the party to pay to the applicant the amount of any prescribed fee paid by the applicant on filing the application for the proceeding.\n- (a) only if the party is a respondent against whom the tribunal has made a final decision; and\n- (b) only to order the party to pay to the applicant the amount of any prescribed fee paid by the applicant on filing the application for the proceeding.","sortOrder":123},{"sectionNumber":"sec.84","sectionType":"section","heading":"Costs that may be awarded for minor debt claim","content":"### sec.84 Costs that may be awarded for minor debt claim\n\nFor section 102 of the Act , the tribunal may award costs against a party to a proceeding for a minor debt claim only to order the party to pay an amount for 1 or more of the following—\nthe prescribed fee for filing the application for the claim;\na fee charged by a service provider for electronically filing a document;\na service fee and travelling allowance at the rate of the prescribed bailiff fees;\na business name or company search fee.\nIn this rule—\nprescribed bailiff fees means the fees prescribed under the Uniform Civil Procedure (Fees) Regulation 2009 , schedule 2 , part 2 .\n(sec.84-ssec.1) For section 102 of the Act , the tribunal may award costs against a party to a proceeding for a minor debt claim only to order the party to pay an amount for 1 or more of the following— the prescribed fee for filing the application for the claim; a fee charged by a service provider for electronically filing a document; a service fee and travelling allowance at the rate of the prescribed bailiff fees; a business name or company search fee.\n(sec.84-ssec.2) In this rule— prescribed bailiff fees means the fees prescribed under the Uniform Civil Procedure (Fees) Regulation 2009 , schedule 2 , part 2 .\n- (a) the prescribed fee for filing the application for the claim;\n- (b) a fee charged by a service provider for electronically filing a document;\n- (c) a service fee and travelling allowance at the rate of the prescribed bailiff fees;\n- (d) a business name or company search fee.","sortOrder":124},{"sectionNumber":"sec.85","sectionType":"section","heading":"Additional power to award costs against respondent","content":"### sec.85 Additional power to award costs against respondent\n\nIf the tribunal makes an order against a respondent in a proceeding, other than a proceeding for a minor civil dispute, the tribunal may order the respondent to pay to the applicant the amount of any prescribed fee paid by the applicant on filing the application or referral for the proceeding.","sortOrder":125},{"sectionNumber":"sec.86","sectionType":"section","heading":"Additional power to award costs if particular offers to settle rejected","content":"### sec.86 Additional power to award costs if particular offers to settle rejected\n\nThis rule applies if—\na party to a proceeding, other than a proceeding for a minor civil dispute, makes another party to the proceeding a written offer to settle the dispute the subject of the proceeding; and\nthe other party does not accept the offer within the time the offer is open; and\nin the opinion of the tribunal, the decision of the tribunal in the proceeding is not more favourable to the other party than the offer.\nThe tribunal may award the party who made the offer all reasonable costs incurred by that party in conducting the proceeding after the offer was made.\nIf a proceeding involves more than 2 parties, this rule applies only if the acceptance of the offer would have resulted in the settlement of the matters in dispute between all the parties.\nIn deciding whether a decision is or is not more favourable to a party than an offer, the tribunal must—\ntake into account any costs it would have awarded on the date the offer was given to the other party; and\ndisregard any interest or costs it awarded relating to any period after the date the offer was given to the other party.\n(sec.86-ssec.1) This rule applies if— a party to a proceeding, other than a proceeding for a minor civil dispute, makes another party to the proceeding a written offer to settle the dispute the subject of the proceeding; and the other party does not accept the offer within the time the offer is open; and in the opinion of the tribunal, the decision of the tribunal in the proceeding is not more favourable to the other party than the offer.\n(sec.86-ssec.2) The tribunal may award the party who made the offer all reasonable costs incurred by that party in conducting the proceeding after the offer was made.\n(sec.86-ssec.3) If a proceeding involves more than 2 parties, this rule applies only if the acceptance of the offer would have resulted in the settlement of the matters in dispute between all the parties.\n(sec.86-ssec.4) In deciding whether a decision is or is not more favourable to a party than an offer, the tribunal must— take into account any costs it would have awarded on the date the offer was given to the other party; and disregard any interest or costs it awarded relating to any period after the date the offer was given to the other party.\n- (a) a party to a proceeding, other than a proceeding for a minor civil dispute, makes another party to the proceeding a written offer to settle the dispute the subject of the proceeding; and\n- (b) the other party does not accept the offer within the time the offer is open; and\n- (c) in the opinion of the tribunal, the decision of the tribunal in the proceeding is not more favourable to the other party than the offer.\n- (a) take into account any costs it would have awarded on the date the offer was given to the other party; and\n- (b) disregard any interest or costs it awarded relating to any period after the date the offer was given to the other party.","sortOrder":126},{"sectionNumber":"sec.87","sectionType":"section","heading":"Assessing costs","content":"### sec.87 Assessing costs\n\nThis rule provides for how costs are to be assessed under section 107 of the Act if the tribunal makes a costs order that requires the costs be assessed under the rules.\nThe costs must be assessed—\nby an assessor appointed by the tribunal; and\nif the tribunal directs the costs be assessed by reference to the scale of costs applying to a court—by reference to the scale of costs directed by the tribunal.\nThe assessor is to decide the procedure to be followed on the assessment of the costs.\nHowever, the procedure must be consistent with the objects of the Act , an enabling Act or these rules.\nWithout limiting subrule (3) or (4) , the assessor may decide to do all or any of the following—\nhear the assessment in private;\ncarry out the assessment on the papers without an oral hearing;\nnot be bound by laws of evidence or procedure applying to a proceeding in the tribunal;\nbe informed of the facts in any way the assessor considers appropriate;\nnot make a record of the evidence given.\nr 87 amd 2016 SL No. 19 s 29\n(sec.87-ssec.1) This rule provides for how costs are to be assessed under section 107 of the Act if the tribunal makes a costs order that requires the costs be assessed under the rules.\n(sec.87-ssec.2) The costs must be assessed— by an assessor appointed by the tribunal; and if the tribunal directs the costs be assessed by reference to the scale of costs applying to a court—by reference to the scale of costs directed by the tribunal.\n(sec.87-ssec.3) The assessor is to decide the procedure to be followed on the assessment of the costs.\n(sec.87-ssec.4) However, the procedure must be consistent with the objects of the Act , an enabling Act or these rules.\n(sec.87-ssec.5) Without limiting subrule (3) or (4) , the assessor may decide to do all or any of the following— hear the assessment in private; carry out the assessment on the papers without an oral hearing; not be bound by laws of evidence or procedure applying to a proceeding in the tribunal; be informed of the facts in any way the assessor considers appropriate; not make a record of the evidence given.\n- (a) by an assessor appointed by the tribunal; and\n- (b) if the tribunal directs the costs be assessed by reference to the scale of costs applying to a court—by reference to the scale of costs directed by the tribunal.\n- (a) hear the assessment in private;\n- (b) carry out the assessment on the papers without an oral hearing;\n- (c) not be bound by laws of evidence or procedure applying to a proceeding in the tribunal;\n- (d) be informed of the facts in any way the assessor considers appropriate;\n- (e) not make a record of the evidence given.","sortOrder":127},{"sectionNumber":"pt.9-div.3","sectionType":"division","heading":"Provisions about decisions","content":"## Provisions about decisions","sortOrder":128},{"sectionNumber":"sec.88","sectionType":"section","heading":"Giving decision","content":"### sec.88 Giving decision\n\nThe tribunal gives a decision in a proceeding either—\norally in a hearing of the proceeding; or\nby setting it out in a document that is signed by the presiding member.\nIf the tribunal gives its decision orally, the decision may be reproduced into writing and signed by a member of the tribunal, an adjudicator or the principal registrar.\nSee chapter 2 , part 7 , division 2 of the Act for other provisions about the tribunal giving a decision. See also chapter 2 , part 7 , divisions 3 and 4 of the Act for provisions about the effect of a tribunal decision and the enforcement of a tribunal decision.\n(sec.88-ssec.1) The tribunal gives a decision in a proceeding either— orally in a hearing of the proceeding; or by setting it out in a document that is signed by the presiding member.\n(sec.88-ssec.2) If the tribunal gives its decision orally, the decision may be reproduced into writing and signed by a member of the tribunal, an adjudicator or the principal registrar. See chapter 2 , part 7 , division 2 of the Act for other provisions about the tribunal giving a decision. See also chapter 2 , part 7 , divisions 3 and 4 of the Act for provisions about the effect of a tribunal decision and the enforcement of a tribunal decision.\n- (a) orally in a hearing of the proceeding; or\n- (b) by setting it out in a document that is signed by the presiding member.","sortOrder":129},{"sectionNumber":"sec.89","sectionType":"section","heading":"Application for renewal of final decision","content":"### sec.89 Application for renewal of final decision\n\nAn application under section 133 of the Act for a renewal of the tribunal’s final decision in a proceeding must be made—\nin the approved form; and\nwithin 28 days after the relevant day.\nUnder section 133 (3) of the Act , the application must state the reason for the application and be filed in the registry.\nSee section 61 of the Act for the tribunal’s power to extend a time limit, or waive compliance with another procedural requirement, under the Act , an enabling Act or these rules.\n- (a) in the approved form; and\n- (b) within 28 days after the relevant day.\n- 1 Under section 133 (3) of the Act , the application must state the reason for the application and be filed in the registry.\n- 2 See section 61 of the Act for the tribunal’s power to extend a time limit, or waive compliance with another procedural requirement, under the Act , an enabling Act or these rules.","sortOrder":130},{"sectionNumber":"sec.90","sectionType":"section","heading":"Application for correction","content":"### sec.90 Application for correction\n\nAn application under section 135 of the Act to the tribunal to correct a decision in a proceeding must be made—\nin the approved form; and\nwithin 28 days after the relevant day; and\nby filing it.\nSee section 61 of the Act for the tribunal’s power to extend a time limit, or waive compliance with another procedural requirement, under the Act , an enabling Act or these rules.\n- (a) in the approved form; and\n- (b) within 28 days after the relevant day; and\n- (c) by filing it.","sortOrder":131},{"sectionNumber":"sec.91","sectionType":"section","heading":"Principal registrar to give notice of corrected decision","content":"### sec.91 Principal registrar to give notice of corrected decision\n\nIf the tribunal corrects a decision in a proceeding under section 135 of the Act , the principal registrar must, as soon as practicable, give notice of the correction and a copy of the corrected decision to—\neach party to the proceeding; and\neach other person to whom the notice and corrected decision must be given under an enabling Act; and\nany person the tribunal directs to be given the notice and corrected decision.\n- (a) each party to the proceeding; and\n- (b) each other person to whom the notice and corrected decision must be given under an enabling Act; and\n- (c) any person the tribunal directs to be given the notice and corrected decision.","sortOrder":132},{"sectionNumber":"sec.92","sectionType":"section","heading":"Application to reopen proceeding","content":"### sec.92 Application to reopen proceeding\n\nAn application under section 138 of the Act for a proceeding to be reopened must be made—\nin the approved form; and\nwithin 28 days after the relevant day; and\nby filing it.\nUnder section 138 (2) of the Act , the application must state the reopening ground on which it is made and be accompanied by the prescribed fee (if any).\nSee section 61 of the Act for the tribunal’s power to extend a time limit, or waive compliance with another procedural requirement, under the Act , an enabling Act or these rules.\n- (a) in the approved form; and\n- (b) within 28 days after the relevant day; and\n- (c) by filing it.\n- 1 Under section 138 (2) of the Act , the application must state the reopening ground on which it is made and be accompanied by the prescribed fee (if any).\n- 2 See section 61 of the Act for the tribunal’s power to extend a time limit, or waive compliance with another procedural requirement, under the Act , an enabling Act or these rules.","sortOrder":133},{"sectionNumber":"sec.93","sectionType":"section","heading":"Submissions for reopened proceeding","content":"### sec.93 Submissions for reopened proceeding\n\nThis rule applies if a party to a proceeding ( applicant party ) applies under section 138 of the Act for the proceeding to be reopened.\nThe tribunal must—\nallow the applicant party at least 7 days after the application is made to make written submissions about the application; and\nallow each other party to the proceeding at least 7 days after the relevant day to make written submissions about the application.\nIn this rule—\nrelevant day , for a party to a proceeding the subject of an application to reopen, means the day the party is given a copy of the application under section 138 (3) or (4) of the Act .\n(sec.93-ssec.1) This rule applies if a party to a proceeding ( applicant party ) applies under section 138 of the Act for the proceeding to be reopened.\n(sec.93-ssec.2) The tribunal must— allow the applicant party at least 7 days after the application is made to make written submissions about the application; and allow each other party to the proceeding at least 7 days after the relevant day to make written submissions about the application.\n(sec.93-ssec.3) In this rule— relevant day , for a party to a proceeding the subject of an application to reopen, means the day the party is given a copy of the application under section 138 (3) or (4) of the Act .\n- (a) allow the applicant party at least 7 days after the application is made to make written submissions about the application; and\n- (b) allow each other party to the proceeding at least 7 days after the relevant day to make written submissions about the application.","sortOrder":134},{"sectionNumber":"pt.10","sectionType":"part","heading":"Appeals to appeal tribunal","content":"# Appeals to appeal tribunal","sortOrder":135},{"sectionNumber":"sec.94","sectionType":"section","heading":"Application of pt 10","content":"### sec.94 Application of pt 10\n\nThis part applies to—\nan application for the appeal tribunal’s leave to appeal to the appeal tribunal against a decision of the tribunal or a decision of another entity under an enabling Act; or\nan appeal to the appeal tribunal against—\na decision of the tribunal; or\na decision of another entity under an enabling Act.\n- (a) an application for the appeal tribunal’s leave to appeal to the appeal tribunal against a decision of the tribunal or a decision of another entity under an enabling Act; or\n- (b) an appeal to the appeal tribunal against— (i) a decision of the tribunal; or (ii) a decision of another entity under an enabling Act.\n- (i) a decision of the tribunal; or\n- (ii) a decision of another entity under an enabling Act.\n- (i) a decision of the tribunal; or\n- (ii) a decision of another entity under an enabling Act.","sortOrder":136},{"sectionNumber":"sec.95","sectionType":"section","heading":"Appealing or applying for leave to appeal","content":"### sec.95 Appealing or applying for leave to appeal\n\nAn application for leave to appeal, or an appeal, to the appeal tribunal must be made in the approved form.","sortOrder":137},{"sectionNumber":"sec.96","sectionType":"section","heading":"Notice of application or appeal","content":"### sec.96 Notice of application or appeal\n\nA party to a proceeding applying for the appeal tribunal’s leave to appeal, or appealing to the appeal tribunal, must give a copy of the application or appeal to—\neach other party to the proceeding; and\neach other person to whom notice of the application or appeal is required to be given under an enabling Act; and\nany person the appeal tribunal directs to be given notice of the application or appeal.\n- (a) each other party to the proceeding; and\n- (b) each other person to whom notice of the application or appeal is required to be given under an enabling Act; and\n- (c) any person the appeal tribunal directs to be given notice of the application or appeal.","sortOrder":138},{"sectionNumber":"sec.97","sectionType":"section","heading":"Notice of transfer to Court of Appeal","content":"### sec.97 Notice of transfer to Court of Appeal\n\nThis rule applies if the president transfers an appeal against a decision in a proceeding to the Court of Appeal under section 144 of the Act .\nThe principal registrar must give notice of the transfer to—\neach party to the proceeding; and\neach other person to whom notice of the appeal was given under rule 96 ; and\nany person the tribunal directs to be given notice of the transfer.\n(sec.97-ssec.1) This rule applies if the president transfers an appeal against a decision in a proceeding to the Court of Appeal under section 144 of the Act .\n(sec.97-ssec.2) The principal registrar must give notice of the transfer to— each party to the proceeding; and each other person to whom notice of the appeal was given under rule 96 ; and any person the tribunal directs to be given notice of the transfer.\n- (a) each party to the proceeding; and\n- (b) each other person to whom notice of the appeal was given under rule 96 ; and\n- (c) any person the tribunal directs to be given notice of the transfer.","sortOrder":139},{"sectionNumber":"pt.10A","sectionType":"part","heading":"Affidavits","content":"# Affidavits","sortOrder":140},{"sectionNumber":"sec.97A","sectionType":"section","heading":"Definitions for part","content":"### sec.97A Definitions for part\n\nIn this part—\nsign , a document, see the Oaths Act 1867 , section 1B .\nwitness , a document, see the Oaths Act 1867 , section 11 .\nr 97A ins 2022 SL No. 155 s 23","sortOrder":141},{"sectionNumber":"sec.97B","sectionType":"section","heading":"References to witnesses, signatories and substitute signatories","content":"### sec.97B References to witnesses, signatories and substitute signatories\n\nIn this part—\na reference to a witness in relation to an affidavit has the same meaning as given to that reference by the Oaths Act 1867 , section 13 ; and\na reference to a signatory in relation to an affidavit has the same meaning as given to that reference by the Oaths Act 1867 , section 13 ; and\na reference to a substitute signatory in relation to an affidavit has the same meaning as given to that reference by the Oaths Act 1867 , section 13 .\nr 97B ins 2022 SL No. 155 s 23\n- (a) a reference to a witness in relation to an affidavit has the same meaning as given to that reference by the Oaths Act 1867 , section 13 ; and\n- (b) a reference to a signatory in relation to an affidavit has the same meaning as given to that reference by the Oaths Act 1867 , section 13 ; and\n- (c) a reference to a substitute signatory in relation to an affidavit has the same meaning as given to that reference by the Oaths Act 1867 , section 13 .","sortOrder":142},{"sectionNumber":"sec.97C","sectionType":"section","heading":"Swearing or affirming affidavits","content":"### sec.97C Swearing or affirming affidavits\n\nThe signatory or substitute signatory for an affidavit and the witness for an affidavit must sign each page of the affidavit.\nA statement (the jurat ) must be placed at the end of the body of an affidavit and must—\nstate the full name of the signatory; and\nstate whether the affidavit was sworn or affirmed; and\nstate the day and the place the signatory made the affidavit; and\nbe signed by the signatory in the presence of the witness, including presence by audio visual link, in accordance with the Oaths Act 1867 ; and\nbe signed in accordance with the Oaths Act 1867 .\nSee also the Oaths Act 1867 , sections 13B and 13E for other matters that must be stated in the jurat or otherwise included on the affidavit.\nFor this rule, the place a signatory made an affidavit is the place the signatory was located when the affidavit was made.\nr 97C ins 2022 SL No. 155 s 23\n(sec.97C-ssec.1) The signatory or substitute signatory for an affidavit and the witness for an affidavit must sign each page of the affidavit.\n(sec.97C-ssec.2) A statement (the jurat ) must be placed at the end of the body of an affidavit and must— state the full name of the signatory; and state whether the affidavit was sworn or affirmed; and state the day and the place the signatory made the affidavit; and be signed by the signatory in the presence of the witness, including presence by audio visual link, in accordance with the Oaths Act 1867 ; and be signed in accordance with the Oaths Act 1867 . See also the Oaths Act 1867 , sections 13B and 13E for other matters that must be stated in the jurat or otherwise included on the affidavit.\n(sec.97C-ssec.3) For this rule, the place a signatory made an affidavit is the place the signatory was located when the affidavit was made.\n- (a) state the full name of the signatory; and\n- (b) state whether the affidavit was sworn or affirmed; and\n- (c) state the day and the place the signatory made the affidavit; and\n- (d) be signed by the signatory in the presence of the witness, including presence by audio visual link, in accordance with the Oaths Act 1867 ; and\n- (e) be signed in accordance with the Oaths Act 1867 .","sortOrder":143},{"sectionNumber":"sec.97D","sectionType":"section","heading":"Alterations to affidavits","content":"### sec.97D Alterations to affidavits\n\nThis rule applies if there is an interlineation, erasure or other alteration in any part of an affidavit.\nThe affidavit may be filed but, unless the tribunal orders otherwise, may be used only if the interlineation, erasure or other alteration—\nhas been initialled by the signatory or substitute signatory for the affidavit in the same way the signatory or substitute signatory signed the affidavit; and\nhas been initialled by the witness for the affidavit in the same way the witness signed the affidavit.\nTo remove any doubt, it is declared that an affidavit must not be altered after it has been made, signed and witnessed under the Oaths Act 1867 , whether the affidavit is in the form of a physical document or an electronic document.\nr 97D ins 2022 SL No. 155 s 23\namd 2023 Act No. 23 s 247 sch 1 s 34\n(sec.97D-ssec.1) This rule applies if there is an interlineation, erasure or other alteration in any part of an affidavit.\n(sec.97D-ssec.2) The affidavit may be filed but, unless the tribunal orders otherwise, may be used only if the interlineation, erasure or other alteration— has been initialled by the signatory or substitute signatory for the affidavit in the same way the signatory or substitute signatory signed the affidavit; and has been initialled by the witness for the affidavit in the same way the witness signed the affidavit.\n(sec.97D-ssec.3) To remove any doubt, it is declared that an affidavit must not be altered after it has been made, signed and witnessed under the Oaths Act 1867 , whether the affidavit is in the form of a physical document or an electronic document.\n- (a) has been initialled by the signatory or substitute signatory for the affidavit in the same way the signatory or substitute signatory signed the affidavit; and\n- (b) has been initialled by the witness for the affidavit in the same way the witness signed the affidavit.","sortOrder":144},{"sectionNumber":"sec.97E","sectionType":"section","heading":"Retention of affidavits electronically filed as imaged documents","content":"### sec.97E Retention of affidavits electronically filed as imaged documents\n\nThis rule applies to an affidavit—\nmade in the form of a physical document; and\nelectronically filed under rule 25 (2) (c) in a proceeding.\nThe party filing the affidavit must retain, or cause to be retained, the physical document of the affidavit for 7 years from the day the affidavit is filed in the proceeding, unless the tribunal orders otherwise.\nAlso, the party must produce the physical document of the affidavit as directed by the tribunal.\nr 97E ins 2022 SL No. 155 s 23\n(sec.97E-ssec.1) This rule applies to an affidavit— made in the form of a physical document; and electronically filed under rule 25 (2) (c) in a proceeding.\n(sec.97E-ssec.2) The party filing the affidavit must retain, or cause to be retained, the physical document of the affidavit for 7 years from the day the affidavit is filed in the proceeding, unless the tribunal orders otherwise.\n(sec.97E-ssec.3) Also, the party must produce the physical document of the affidavit as directed by the tribunal.\n- (a) made in the form of a physical document; and\n- (b) electronically filed under rule 25 (2) (c) in a proceeding.","sortOrder":145},{"sectionNumber":"sec.97F","sectionType":"section","heading":"Minimum period for retention of original physical version— Oaths Act 1867 , s 31Y","content":"### sec.97F Minimum period for retention of original physical version— Oaths Act 1867 , s 31Y\n\nThis rule applies in relation to an affidavit that—\nis a document to which the Oaths Act 1867 , section 31Y applies; and\nis made using an original physical version.\nFor the Oaths Act 1867 , section 31Y (3) , the minimum period for which the original physical version is to be kept is 7 years from the day the affidavit is filed in a proceeding.\nIn this rule—\noriginal physical version , of a document, see the Oaths Act 1867 , section 31B .\nr 97F ins 2022 SL No. 155 s 23\n(sec.97F-ssec.1) This rule applies in relation to an affidavit that— is a document to which the Oaths Act 1867 , section 31Y applies; and is made using an original physical version.\n(sec.97F-ssec.2) For the Oaths Act 1867 , section 31Y (3) , the minimum period for which the original physical version is to be kept is 7 years from the day the affidavit is filed in a proceeding.\n(sec.97F-ssec.3) In this rule— original physical version , of a document, see the Oaths Act 1867 , section 31B .\n- (a) is a document to which the Oaths Act 1867 , section 31Y applies; and\n- (b) is made using an original physical version.","sortOrder":146},{"sectionNumber":"pt.11","sectionType":"part","heading":"Other general provisions","content":"# Other general provisions","sortOrder":147},{"sectionNumber":"sec.98","sectionType":"section","heading":"Warrant for witness who does not attend as required","content":"### sec.98 Warrant for witness who does not attend as required\n\nA warrant issued by the tribunal under section 215 of the Act must be in the approved form.","sortOrder":148},{"sectionNumber":"sec.99","sectionType":"section","heading":"Punishment for contempt","content":"### sec.99 Punishment for contempt\n\nFor section 219 (2) of the Act , this rule prescribes how the Uniform Civil Procedure Rules apply in relation to contempt of the tribunal.\nThe Uniform Civil Procedure Rules, chapter 20 , part 7 applies with the following changes—\na reference in the part to a court is taken to be a reference to the tribunal;\na reference in the part to a registrar is taken to be a reference to the principal registrar;\na reference in the part to an approved form is taken to be a reference to a form approved for use under the Act ;\na reference in the part to a filed application is taken to be a reference to an application filed in the registry;\nrule 923 of the part does not apply and instead the tribunal may, pending disposal of a charge of contempt, direct—\nthat the respondent give security to secure the respondent’s attendance in person to answer the charge; and\nthat the security be forfeited if the respondent fails to attend;\nthe reference to another court in rule 925 (1) (d) of the part is taken to be a reference to a court that transferred a proceeding to the tribunal under section 53 of the Act ;\nan application or affidavit mentioned in rule 926 of the part must be in the approved form;\nfor rule 929 of the part—\na reference to an enforcement officer is taken to be a reference to a police officer; and\nthe warrant for the arrest or detention of a person must be signed by the judicial member exercising the tribunal’s jurisdiction and powers to punish for contempt of the tribunal; and\nsubrules (3) and (4) do not apply.\n(sec.99-ssec.1) For section 219 (2) of the Act , this rule prescribes how the Uniform Civil Procedure Rules apply in relation to contempt of the tribunal.\n(sec.99-ssec.2) The Uniform Civil Procedure Rules, chapter 20 , part 7 applies with the following changes— a reference in the part to a court is taken to be a reference to the tribunal; a reference in the part to a registrar is taken to be a reference to the principal registrar; a reference in the part to an approved form is taken to be a reference to a form approved for use under the Act ; a reference in the part to a filed application is taken to be a reference to an application filed in the registry; rule 923 of the part does not apply and instead the tribunal may, pending disposal of a charge of contempt, direct— that the respondent give security to secure the respondent’s attendance in person to answer the charge; and that the security be forfeited if the respondent fails to attend; the reference to another court in rule 925 (1) (d) of the part is taken to be a reference to a court that transferred a proceeding to the tribunal under section 53 of the Act ; an application or affidavit mentioned in rule 926 of the part must be in the approved form; for rule 929 of the part— a reference to an enforcement officer is taken to be a reference to a police officer; and the warrant for the arrest or detention of a person must be signed by the judicial member exercising the tribunal’s jurisdiction and powers to punish for contempt of the tribunal; and subrules (3) and (4) do not apply.\n- (a) a reference in the part to a court is taken to be a reference to the tribunal;\n- (b) a reference in the part to a registrar is taken to be a reference to the principal registrar;\n- (c) a reference in the part to an approved form is taken to be a reference to a form approved for use under the Act ;\n- (d) a reference in the part to a filed application is taken to be a reference to an application filed in the registry;\n- (e) rule 923 of the part does not apply and instead the tribunal may, pending disposal of a charge of contempt, direct— (i) that the respondent give security to secure the respondent’s attendance in person to answer the charge; and (ii) that the security be forfeited if the respondent fails to attend;\n- (i) that the respondent give security to secure the respondent’s attendance in person to answer the charge; and\n- (ii) that the security be forfeited if the respondent fails to attend;\n- (f) the reference to another court in rule 925 (1) (d) of the part is taken to be a reference to a court that transferred a proceeding to the tribunal under section 53 of the Act ;\n- (g) an application or affidavit mentioned in rule 926 of the part must be in the approved form;\n- (h) for rule 929 of the part— (i) a reference to an enforcement officer is taken to be a reference to a police officer; and (ii) the warrant for the arrest or detention of a person must be signed by the judicial member exercising the tribunal’s jurisdiction and powers to punish for contempt of the tribunal; and (iii) subrules (3) and (4) do not apply.\n- (i) a reference to an enforcement officer is taken to be a reference to a police officer; and\n- (ii) the warrant for the arrest or detention of a person must be signed by the judicial member exercising the tribunal’s jurisdiction and powers to punish for contempt of the tribunal; and\n- (iii) subrules (3) and (4) do not apply.\n- (i) that the respondent give security to secure the respondent’s attendance in person to answer the charge; and\n- (ii) that the security be forfeited if the respondent fails to attend;\n- (i) a reference to an enforcement officer is taken to be a reference to a police officer; and\n- (ii) the warrant for the arrest or detention of a person must be signed by the judicial member exercising the tribunal’s jurisdiction and powers to punish for contempt of the tribunal; and\n- (iii) subrules (3) and (4) do not apply.","sortOrder":149},{"sectionNumber":"sec.100","sectionType":"section","heading":"Form and content of register of proceedings","content":"### sec.100 Form and content of register of proceedings\n\nThe register of proceedings kept under section 229 of the Act —\nmay be kept—\nin written or electronic form; or\npartly in written form and partly in electronic form; and\nmust contain the following information about each proceeding—\na number identifying the proceeding;\nthe names of the parties to the proceeding;\nif the proceeding is withdrawn, the date of the withdrawal;\nif the subject matter of the proceeding or a part of the proceeding is transferred to another tribunal, a court or another entity under section 52 (1) of the Act —\nthe date of the transfer; and\nthe tribunal, court or other entity to which it was transferred; and\nif only the subject matter of a part of the proceeding is transferred—details of the subject matter of the part that is transferred;\nif all or some matters in a proceeding are transferred to a court, another tribunal or another entity under section 52 (2) of the Act —\nthe date of the transfer; and\nthe court, tribunal or other entity to which it was transferred; and\nif only some matters of the proceeding are transferred—details of the matters transferred;\nthe tribunal’s final decision in the proceeding.\nIf, under section 229 (2) or (3) of the Act , a person asks to inspect a part of the register that is in electronic form, the principal registrar may decide whether—\nthe part is to be inspected in electronic form; or\nthe part is to be converted to written form and inspected in that form.\nr 100 amd 2016 SL No. 19 s 30\n(sec.100-ssec.1) The register of proceedings kept under section 229 of the Act — may be kept— in written or electronic form; or partly in written form and partly in electronic form; and must contain the following information about each proceeding— a number identifying the proceeding; the names of the parties to the proceeding; if the proceeding is withdrawn, the date of the withdrawal; if the subject matter of the proceeding or a part of the proceeding is transferred to another tribunal, a court or another entity under section 52 (1) of the Act — the date of the transfer; and the tribunal, court or other entity to which it was transferred; and if only the subject matter of a part of the proceeding is transferred—details of the subject matter of the part that is transferred; if all or some matters in a proceeding are transferred to a court, another tribunal or another entity under section 52 (2) of the Act — the date of the transfer; and the court, tribunal or other entity to which it was transferred; and if only some matters of the proceeding are transferred—details of the matters transferred; the tribunal’s final decision in the proceeding.\n(sec.100-ssec.2) If, under section 229 (2) or (3) of the Act , a person asks to inspect a part of the register that is in electronic form, the principal registrar may decide whether— the part is to be inspected in electronic form; or the part is to be converted to written form and inspected in that form.\n- (a) may be kept— (i) in written or electronic form; or (ii) partly in written form and partly in electronic form; and\n- (i) in written or electronic form; or\n- (ii) partly in written form and partly in electronic form; and\n- (b) must contain the following information about each proceeding— (i) a number identifying the proceeding; (ii) the names of the parties to the proceeding; (iii) if the proceeding is withdrawn, the date of the withdrawal; (iv) if the subject matter of the proceeding or a part of the proceeding is transferred to another tribunal, a court or another entity under section 52 (1) of the Act — (A) the date of the transfer; and (B) the tribunal, court or other entity to which it was transferred; and (C) if only the subject matter of a part of the proceeding is transferred—details of the subject matter of the part that is transferred; (v) if all or some matters in a proceeding are transferred to a court, another tribunal or another entity under section 52 (2) of the Act — (A) the date of the transfer; and (B) the court, tribunal or other entity to which it was transferred; and (C) if only some matters of the proceeding are transferred—details of the matters transferred; (vi) the tribunal’s final decision in the proceeding.\n- (i) a number identifying the proceeding;\n- (ii) the names of the parties to the proceeding;\n- (iii) if the proceeding is withdrawn, the date of the withdrawal;\n- (iv) if the subject matter of the proceeding or a part of the proceeding is transferred to another tribunal, a court or another entity under section 52 (1) of the Act — (A) the date of the transfer; and (B) the tribunal, court or other entity to which it was transferred; and (C) if only the subject matter of a part of the proceeding is transferred—details of the subject matter of the part that is transferred;\n- (A) the date of the transfer; and\n- (B) the tribunal, court or other entity to which it was transferred; and\n- (C) if only the subject matter of a part of the proceeding is transferred—details of the subject matter of the part that is transferred;\n- (v) if all or some matters in a proceeding are transferred to a court, another tribunal or another entity under section 52 (2) of the Act — (A) the date of the transfer; and (B) the court, tribunal or other entity to which it was transferred; and (C) if only some matters of the proceeding are transferred—details of the matters transferred;\n- (A) the date of the transfer; and\n- (B) the court, tribunal or other entity to which it was transferred; and\n- (C) if only some matters of the proceeding are transferred—details of the matters transferred;\n- (vi) the tribunal’s final decision in the proceeding.\n- (i) in written or electronic form; or\n- (ii) partly in written form and partly in electronic form; and\n- (i) a number identifying the proceeding;\n- (ii) the names of the parties to the proceeding;\n- (iii) if the proceeding is withdrawn, the date of the withdrawal;\n- (iv) if the subject matter of the proceeding or a part of the proceeding is transferred to another tribunal, a court or another entity under section 52 (1) of the Act — (A) the date of the transfer; and (B) the tribunal, court or other entity to which it was transferred; and (C) if only the subject matter of a part of the proceeding is transferred—details of the subject matter of the part that is transferred;\n- (A) the date of the transfer; and\n- (B) the tribunal, court or other entity to which it was transferred; and\n- (C) if only the subject matter of a part of the proceeding is transferred—details of the subject matter of the part that is transferred;\n- (v) if all or some matters in a proceeding are transferred to a court, another tribunal or another entity under section 52 (2) of the Act — (A) the date of the transfer; and (B) the court, tribunal or other entity to which it was transferred; and (C) if only some matters of the proceeding are transferred—details of the matters transferred;\n- (A) the date of the transfer; and\n- (B) the court, tribunal or other entity to which it was transferred; and\n- (C) if only some matters of the proceeding are transferred—details of the matters transferred;\n- (vi) the tribunal’s final decision in the proceeding.\n- (A) the date of the transfer; and\n- (B) the tribunal, court or other entity to which it was transferred; and\n- (C) if only the subject matter of a part of the proceeding is transferred—details of the subject matter of the part that is transferred;\n- (A) the date of the transfer; and\n- (B) the court, tribunal or other entity to which it was transferred; and\n- (C) if only some matters of the proceeding are transferred—details of the matters transferred;\n- (a) the part is to be inspected in electronic form; or\n- (b) the part is to be converted to written form and inspected in that form.","sortOrder":150},{"sectionNumber":"sec.100A","sectionType":"section","heading":"Approving entity for electronic filing","content":"### sec.100A Approving entity for electronic filing\n\nThe principal registrar may approve an entity to prepare documents for electronic filing under rule 26 .\nr 100A ins 2016 SL No. 19 s 31\namd 2022 SL No. 155 s 24","sortOrder":151},{"sectionNumber":"pt.12","sectionType":"part","heading":"Proceedings under Anti-Discrimination Act 1991","content":"# Proceedings under Anti-Discrimination Act 1991","sortOrder":152},{"sectionNumber":"sec.101","sectionType":"section","heading":"Application for exemption","content":"### sec.101 Application for exemption\n\nAn application under the Anti-Discrimination Act 1991 , section 113 for an exemption, or renewal of an exemption, from the operation of a specified provision of that Act must—\nbe made in the approved form; and\nstate—\nthe provision of the Act from which an exemption is sought; and\nthe period, or further period, for which the exemption is sought; and\nthe person, people or class of people for whom the exemption is sought; and\nthe grounds on which the application is made; and\nbe accompanied by a statement made by, or on behalf of, the applicant setting out detailed information in support of the application.\nThe approved form for subrule (1) (a) must provide for the inclusion of the applicant’s statement of address for service.\nThis rule applies despite rule 7 .\n(sec.101-ssec.1) An application under the Anti-Discrimination Act 1991 , section 113 for an exemption, or renewal of an exemption, from the operation of a specified provision of that Act must— be made in the approved form; and state— the provision of the Act from which an exemption is sought; and the period, or further period, for which the exemption is sought; and the person, people or class of people for whom the exemption is sought; and the grounds on which the application is made; and be accompanied by a statement made by, or on behalf of, the applicant setting out detailed information in support of the application.\n(sec.101-ssec.2) The approved form for subrule (1) (a) must provide for the inclusion of the applicant’s statement of address for service.\n(sec.101-ssec.3) This rule applies despite rule 7 .\n- (a) be made in the approved form; and\n- (b) state— (i) the provision of the Act from which an exemption is sought; and (ii) the period, or further period, for which the exemption is sought; and (iii) the person, people or class of people for whom the exemption is sought; and (iv) the grounds on which the application is made; and\n- (i) the provision of the Act from which an exemption is sought; and\n- (ii) the period, or further period, for which the exemption is sought; and\n- (iii) the person, people or class of people for whom the exemption is sought; and\n- (iv) the grounds on which the application is made; and\n- (c) be accompanied by a statement made by, or on behalf of, the applicant setting out detailed information in support of the application.\n- (i) the provision of the Act from which an exemption is sought; and\n- (ii) the period, or further period, for which the exemption is sought; and\n- (iii) the person, people or class of people for whom the exemption is sought; and\n- (iv) the grounds on which the application is made; and","sortOrder":153},{"sectionNumber":"sec.102","sectionType":"section","heading":"Additional requirement for application for review of decision about a complaint lapsing","content":"### sec.102 Additional requirement for application for review of decision about a complaint lapsing\n\nThis rule applies to an application to the tribunal for a review of the human rights commissioner’s decision about a complaint lapsing under the Anti-Discrimination Act 1991 , section 169 .\nThe application must be accompanied by a written statement by the applicant of the reasons why the human rights commissioner’s decision should be changed.\nr 102 amd 2019 Act No. 5 s 173\n(sec.102-ssec.1) This rule applies to an application to the tribunal for a review of the human rights commissioner’s decision about a complaint lapsing under the Anti-Discrimination Act 1991 , section 169 .\n(sec.102-ssec.2) The application must be accompanied by a written statement by the applicant of the reasons why the human rights commissioner’s decision should be changed.","sortOrder":154},{"sectionNumber":"sec.103","sectionType":"section","heading":"Alternative requirements about statement of address for particular complaints","content":"### sec.103 Alternative requirements about statement of address for particular complaints\n\nThis rule applies in relation to a referral of a complaint under the Anti-Discrimination Act 1991 , section 155 (4) , 164A (3) (a) , 166 (1) or 167 (4) (b) or (5) .\nRule 9 (2) does not apply to an applicant for the referral if the referral includes the applicant’s correct address for service.\nIf the referral includes the applicant’s address for service and the applicant does not file a statement of address for service under rule 9 (2) , the part of the referral containing the applicant’s address for service is taken to be the applicant’s statement of address for service.\nRule 37 does not require a party to a proceeding for the referral to give a person notice of a change of the party’s statement of address for service if the party has given notice of the change to the person under the Anti-Discrimination Act 1991 , section 263E .\n(sec.103-ssec.1) This rule applies in relation to a referral of a complaint under the Anti-Discrimination Act 1991 , section 155 (4) , 164A (3) (a) , 166 (1) or 167 (4) (b) or (5) .\n(sec.103-ssec.2) Rule 9 (2) does not apply to an applicant for the referral if the referral includes the applicant’s correct address for service.\n(sec.103-ssec.3) If the referral includes the applicant’s address for service and the applicant does not file a statement of address for service under rule 9 (2) , the part of the referral containing the applicant’s address for service is taken to be the applicant’s statement of address for service.\n(sec.103-ssec.4) Rule 37 does not require a party to a proceeding for the referral to give a person notice of a change of the party’s statement of address for service if the party has given notice of the change to the person under the Anti-Discrimination Act 1991 , section 263E .","sortOrder":155},{"sectionNumber":"sec.104","sectionType":"section","heading":"Giving copy of application for order under Anti-Discrimination Act 1991 , s 144","content":"### sec.104 Giving copy of application for order under Anti-Discrimination Act 1991 , s 144\n\nThis rule applies if a person applies to the tribunal for an order under the Anti-Discrimination Act 1991 , section 144 in relation to a complaint under that Act.\nA copy of the application required to be given to a person under section 37 of the Act must be given at least 2 days before the tribunal hears the application.\nFor section 37 (2) (b) of the Act , notice of the application must also be given to—\nif the applicant is the complainant—the human rights commissioner; or\nif the applicant is the human rights commissioner—the complainant.\nAlso, when a copy of the application is given to a person under section 37 of the Act , a copy of any documents filed in support of the application must also be given to the person.\nIf the tribunal is satisfied exceptional circumstances exist in relation to the application, it may hear the application even if the applicant has not complied with section 37 of the Act or subrule (4) .\nr 104 amd 2019 Act No. 5 s 174\n(sec.104-ssec.1) This rule applies if a person applies to the tribunal for an order under the Anti-Discrimination Act 1991 , section 144 in relation to a complaint under that Act.\n(sec.104-ssec.2) A copy of the application required to be given to a person under section 37 of the Act must be given at least 2 days before the tribunal hears the application.\n(sec.104-ssec.3) For section 37 (2) (b) of the Act , notice of the application must also be given to— if the applicant is the complainant—the human rights commissioner; or if the applicant is the human rights commissioner—the complainant.\n(sec.104-ssec.4) Also, when a copy of the application is given to a person under section 37 of the Act , a copy of any documents filed in support of the application must also be given to the person.\n(sec.104-ssec.5) If the tribunal is satisfied exceptional circumstances exist in relation to the application, it may hear the application even if the applicant has not complied with section 37 of the Act or subrule (4) .\n- (a) if the applicant is the complainant—the human rights commissioner; or\n- (b) if the applicant is the human rights commissioner—the complainant.","sortOrder":156},{"sectionNumber":"sec.105","sectionType":"section","heading":"Giving copy of order under Anti-Discrimination Act 1991 , s 144","content":"### sec.105 Giving copy of order under Anti-Discrimination Act 1991 , s 144\n\nIf the tribunal makes an order under the Anti-Discrimination Act 1991 , section 144 in relation to a complaint, the applicant must promptly give a copy of the order to—\neach party to the complaint; and\nthe human rights commissioner, if the applicant is not the human rights commissioner; and\nany other person the tribunal directs to be given a copy of the order.\nHowever, the tribunal may order the principal registrar to give a copy of the order to a person mentioned in subrule (1) or may order that the copy be given to the person in a particular way.\nIf the tribunal orders the principal registrar to give a copy of the order to a person mentioned in subrule (1) , the applicant is exempt from the requirement to give the order to the person under the subrule.\nr 105 amd 2019 Act No. 5 s 175\n(sec.105-ssec.1) If the tribunal makes an order under the Anti-Discrimination Act 1991 , section 144 in relation to a complaint, the applicant must promptly give a copy of the order to— each party to the complaint; and the human rights commissioner, if the applicant is not the human rights commissioner; and any other person the tribunal directs to be given a copy of the order.\n(sec.105-ssec.2) However, the tribunal may order the principal registrar to give a copy of the order to a person mentioned in subrule (1) or may order that the copy be given to the person in a particular way.\n(sec.105-ssec.3) If the tribunal orders the principal registrar to give a copy of the order to a person mentioned in subrule (1) , the applicant is exempt from the requirement to give the order to the person under the subrule.\n- (a) each party to the complaint; and\n- (b) the human rights commissioner, if the applicant is not the human rights commissioner; and\n- (c) any other person the tribunal directs to be given a copy of the order.","sortOrder":157},{"sectionNumber":"sec.106","sectionType":"section","heading":"Principal registrar to give copy of reasons for decision to human rights commissioner and parties","content":"### sec.106 Principal registrar to give copy of reasons for decision to human rights commissioner and parties\n\nIf the tribunal gives a party to a proceeding under the Anti-Discrimination Act 1991 written reasons for a decision in the proceeding, the tribunal must, as soon as practicable after the reasons are given, give a copy of the reasons to—\neach other party to the proceeding who has not already been given a copy of the reasons; and\nthe human rights commissioner, if the commissioner has not already been given a copy of the reasons.\nr 106 amd 2019 Act No. 5 s 176\n- (a) each other party to the proceeding who has not already been given a copy of the reasons; and\n- (b) the human rights commissioner, if the commissioner has not already been given a copy of the reasons.","sortOrder":158},{"sectionNumber":"sec.107","sectionType":"section","heading":"Notice of appeal to human rights commissioner","content":"### sec.107 Notice of appeal to human rights commissioner\n\nThis rule applies if—\na party to a proceeding for an application under the Anti-Discrimination Act 1991 , section 113 appeals against a decision of the tribunal in the proceeding; and\nthe party is not the human rights commissioner.\nSee the Anti-Discrimination Act 1991 , section 113A for appeals by persons who are not, but are taken to be, parties to the application.\nThe principal registrar must give notice of the appeal to the human rights commissioner.\nr 107 amd 2019 Act No. 5 s 177\n(sec.107-ssec.1) This rule applies if— a party to a proceeding for an application under the Anti-Discrimination Act 1991 , section 113 appeals against a decision of the tribunal in the proceeding; and the party is not the human rights commissioner. See the Anti-Discrimination Act 1991 , section 113A for appeals by persons who are not, but are taken to be, parties to the application.\n(sec.107-ssec.2) The principal registrar must give notice of the appeal to the human rights commissioner.\n- (a) a party to a proceeding for an application under the Anti-Discrimination Act 1991 , section 113 appeals against a decision of the tribunal in the proceeding; and\n- (b) the party is not the human rights commissioner.","sortOrder":159},{"sectionNumber":"pt.13","sectionType":"part","heading":"Proceedings under Guardianship and Administration Act 2000","content":"# Proceedings under Guardianship and Administration Act 2000","sortOrder":160},{"sectionNumber":"sec.108","sectionType":"section","heading":"Interpretation of this part","content":"### sec.108 Interpretation of this part\n\nIf this part uses a term that is used in the Guardianship and Administration Act 2000 , the term has the same meaning in this part as it has in that Act unless a contrary intention appears.","sortOrder":161},{"sectionNumber":"sec.109","sectionType":"section","heading":"Additional general requirement for making application","content":"### sec.109 Additional general requirement for making application\n\nUnless the tribunal directs otherwise, an application for a proceeding under the Guardianship and Administration Act 2000 must include the following—\nto the best of the applicant’s knowledge, information about the following persons—\nthe applicant;\nif the applicant is not the adult concerned in the application—the adult;\nthe members of the adult’s family;\nany primary carer of the adult;\nall current guardians and administrators for the adult;\nall attorneys for the adult;\nanything else stated in rules 110 to 113 for applications of the same type.\nThe information required under subrule (1) (a) is to enable the tribunal to give notice of the hearing of the proceeding and must consist of—\neach person’s name; and\ncontact details for each person or, if the applicant does not know the contact details of a particular person, a way known to the applicant of contacting that person.\nIn this rule—\nattorney means—\nan attorney under a power of attorney; or\nan attorney under an advance health directive or similar document under the law of another jurisdiction.\npower of attorney means—\na general power of attorney made under the Powers of Attorney Act 1998 ; or\nan enduring power of attorney; or\na power of attorney made otherwise than under the Powers of Attorney Act 1998 , whether before or after its commencement; or\na similar document under the law of another jurisdiction.\n(sec.109-ssec.1) Unless the tribunal directs otherwise, an application for a proceeding under the Guardianship and Administration Act 2000 must include the following— to the best of the applicant’s knowledge, information about the following persons— the applicant; if the applicant is not the adult concerned in the application—the adult; the members of the adult’s family; any primary carer of the adult; all current guardians and administrators for the adult; all attorneys for the adult; anything else stated in rules 110 to 113 for applications of the same type.\n(sec.109-ssec.2) The information required under subrule (1) (a) is to enable the tribunal to give notice of the hearing of the proceeding and must consist of— each person’s name; and contact details for each person or, if the applicant does not know the contact details of a particular person, a way known to the applicant of contacting that person.\n(sec.109-ssec.3) In this rule— attorney means— an attorney under a power of attorney; or an attorney under an advance health directive or similar document under the law of another jurisdiction. power of attorney means— a general power of attorney made under the Powers of Attorney Act 1998 ; or an enduring power of attorney; or a power of attorney made otherwise than under the Powers of Attorney Act 1998 , whether before or after its commencement; or a similar document under the law of another jurisdiction.\n- (a) to the best of the applicant’s knowledge, information about the following persons— (i) the applicant; (ii) if the applicant is not the adult concerned in the application—the adult; (iii) the members of the adult’s family; (iv) any primary carer of the adult; (v) all current guardians and administrators for the adult; (vi) all attorneys for the adult;\n- (i) the applicant;\n- (ii) if the applicant is not the adult concerned in the application—the adult;\n- (iii) the members of the adult’s family;\n- (iv) any primary carer of the adult;\n- (v) all current guardians and administrators for the adult;\n- (vi) all attorneys for the adult;\n- (b) anything else stated in rules 110 to 113 for applications of the same type.\n- (i) the applicant;\n- (ii) if the applicant is not the adult concerned in the application—the adult;\n- (iii) the members of the adult’s family;\n- (iv) any primary carer of the adult;\n- (v) all current guardians and administrators for the adult;\n- (vi) all attorneys for the adult;\n- (a) each person’s name; and\n- (b) contact details for each person or, if the applicant does not know the contact details of a particular person, a way known to the applicant of contacting that person.\n- (a) an attorney under a power of attorney; or\n- (b) an attorney under an advance health directive or similar document under the law of another jurisdiction.\n- (a) a general power of attorney made under the Powers of Attorney Act 1998 ; or\n- (b) an enduring power of attorney; or\n- (c) a power of attorney made otherwise than under the Powers of Attorney Act 1998 , whether before or after its commencement; or\n- (d) a similar document under the law of another jurisdiction.","sortOrder":162},{"sectionNumber":"sec.110","sectionType":"section","heading":"Other additional requirements for application for appointment of guardian or administrator","content":"### sec.110 Other additional requirements for application for appointment of guardian or administrator\n\nAn application under the Guardianship and Administration Act 2000 , chapter 3 to the tribunal for the appointment of a guardian or administrator for an adult for a matter must include—\nthe proposed appointee’s written agreement to the appointment; and\nthe following information—\ndetails of the matter;\na detailed description of the adult’s alleged impaired capacity for the matter;\nwhy the appointment is necessary;\ndetails of any enduring document made by the adult;\nfor an application for appointment of a guardian—a summary of the adult’s financial position;\nfor an application for appointment of an administrator—\ndetails of the adult’s income, living expenses, assets and liabilities; and\ndetails of the current arrangements for management of the adult’s financial matters;\nthe name, address and telephone number of the proposed guardian or administrator;\nwhether the adult has been informed of the application;\na description of how the person communicates and information about the type of assistance, if any, the adult might need at the hearing;\nif urgent action is required—an explanation of the urgency.\nThe application must also include, for example, by attaching a report, information about the adult relevant to the application that is provided by a health provider.\n(sec.110-ssec.1) An application under the Guardianship and Administration Act 2000 , chapter 3 to the tribunal for the appointment of a guardian or administrator for an adult for a matter must include— the proposed appointee’s written agreement to the appointment; and the following information— details of the matter; a detailed description of the adult’s alleged impaired capacity for the matter; why the appointment is necessary; details of any enduring document made by the adult; for an application for appointment of a guardian—a summary of the adult’s financial position; for an application for appointment of an administrator— details of the adult’s income, living expenses, assets and liabilities; and details of the current arrangements for management of the adult’s financial matters; the name, address and telephone number of the proposed guardian or administrator; whether the adult has been informed of the application; a description of how the person communicates and information about the type of assistance, if any, the adult might need at the hearing; if urgent action is required—an explanation of the urgency.\n(sec.110-ssec.2) The application must also include, for example, by attaching a report, information about the adult relevant to the application that is provided by a health provider.\n- (a) the proposed appointee’s written agreement to the appointment; and\n- (b) the following information— (i) details of the matter; (ii) a detailed description of the adult’s alleged impaired capacity for the matter; (iii) why the appointment is necessary; (iv) details of any enduring document made by the adult; (v) for an application for appointment of a guardian—a summary of the adult’s financial position; (vi) for an application for appointment of an administrator— (A) details of the adult’s income, living expenses, assets and liabilities; and (B) details of the current arrangements for management of the adult’s financial matters; (vii) the name, address and telephone number of the proposed guardian or administrator; (viii) whether the adult has been informed of the application; (ix) a description of how the person communicates and information about the type of assistance, if any, the adult might need at the hearing; (x) if urgent action is required—an explanation of the urgency.\n- (i) details of the matter;\n- (ii) a detailed description of the adult’s alleged impaired capacity for the matter;\n- (iii) why the appointment is necessary;\n- (iv) details of any enduring document made by the adult;\n- (v) for an application for appointment of a guardian—a summary of the adult’s financial position;\n- (vi) for an application for appointment of an administrator— (A) details of the adult’s income, living expenses, assets and liabilities; and (B) details of the current arrangements for management of the adult’s financial matters;\n- (A) details of the adult’s income, living expenses, assets and liabilities; and\n- (B) details of the current arrangements for management of the adult’s financial matters;\n- (vii) the name, address and telephone number of the proposed guardian or administrator;\n- (viii) whether the adult has been informed of the application;\n- (ix) a description of how the person communicates and information about the type of assistance, if any, the adult might need at the hearing;\n- (x) if urgent action is required—an explanation of the urgency.\n- (i) details of the matter;\n- (ii) a detailed description of the adult’s alleged impaired capacity for the matter;\n- (iii) why the appointment is necessary;\n- (iv) details of any enduring document made by the adult;\n- (v) for an application for appointment of a guardian—a summary of the adult’s financial position;\n- (vi) for an application for appointment of an administrator— (A) details of the adult’s income, living expenses, assets and liabilities; and (B) details of the current arrangements for management of the adult’s financial matters;\n- (A) details of the adult’s income, living expenses, assets and liabilities; and\n- (B) details of the current arrangements for management of the adult’s financial matters;\n- (vii) the name, address and telephone number of the proposed guardian or administrator;\n- (viii) whether the adult has been informed of the application;\n- (ix) a description of how the person communicates and information about the type of assistance, if any, the adult might need at the hearing;\n- (x) if urgent action is required—an explanation of the urgency.\n- (A) details of the adult’s income, living expenses, assets and liabilities; and\n- (B) details of the current arrangements for management of the adult’s financial matters;","sortOrder":163},{"sectionNumber":"sec.111","sectionType":"section","heading":"Other additional requirements for application for declaration about capacity","content":"### sec.111 Other additional requirements for application for declaration about capacity\n\nAn application under the Guardianship and Administration Act 2000 , section 146 to the tribunal for a declaration about a person’s capacity for a matter must include the following information—\nthe name and contact details of the person;\ndetails of the matter;\na detailed description of the person’s alleged impaired capacity for the matter;\na description of how the person communicates and information about the type of assistance, if any, the person might need at the hearing;\nif urgent action is required—an explanation of the urgency.\nThe application must also include, for example, by attaching a report, information about the person relevant to the application that is provided by a health provider.\n(sec.111-ssec.1) An application under the Guardianship and Administration Act 2000 , section 146 to the tribunal for a declaration about a person’s capacity for a matter must include the following information— the name and contact details of the person; details of the matter; a detailed description of the person’s alleged impaired capacity for the matter; a description of how the person communicates and information about the type of assistance, if any, the person might need at the hearing; if urgent action is required—an explanation of the urgency.\n(sec.111-ssec.2) The application must also include, for example, by attaching a report, information about the person relevant to the application that is provided by a health provider.\n- (a) the name and contact details of the person;\n- (b) details of the matter;\n- (c) a detailed description of the person’s alleged impaired capacity for the matter;\n- (d) a description of how the person communicates and information about the type of assistance, if any, the person might need at the hearing;\n- (e) if urgent action is required—an explanation of the urgency.","sortOrder":164},{"sectionNumber":"sec.112","sectionType":"section","heading":"Other additional requirements for application for consent to special health care","content":"### sec.112 Other additional requirements for application for consent to special health care\n\nAn application under the Guardianship and Administration Act 2000 , chapter 5 , part 3 to the tribunal for consent to special health care for an adult must include the following information—\na detailed description of the adult’s alleged impaired capacity for the special health matter concerned;\ninformation about the proposed special health care, including—\na description of the proposed special health care; and\ninformation about any available alternative forms of health care and an explanation why the proposed special health care is the preferred form of health care; and\ndetails of any risks to the adult if the proposed special health care is carried out; and\ndetails of any risks to the adult if the proposed special health care is not carried out; and\nparticulars about when and where the proposed special health care would be carried out;\nwhether the adult has been informed of the application;\nwhether the adult objects to the proposed special health care;\na description of how the person communicates and information about the type of assistance, if any, the adult might need at the hearing;\nif urgent action is required—an explanation of the urgency.\nThe application must also include, for example, by attaching a report, information about the adult relevant to the application that is provided by a health provider.\n(sec.112-ssec.1) An application under the Guardianship and Administration Act 2000 , chapter 5 , part 3 to the tribunal for consent to special health care for an adult must include the following information— a detailed description of the adult’s alleged impaired capacity for the special health matter concerned; information about the proposed special health care, including— a description of the proposed special health care; and information about any available alternative forms of health care and an explanation why the proposed special health care is the preferred form of health care; and details of any risks to the adult if the proposed special health care is carried out; and details of any risks to the adult if the proposed special health care is not carried out; and particulars about when and where the proposed special health care would be carried out; whether the adult has been informed of the application; whether the adult objects to the proposed special health care; a description of how the person communicates and information about the type of assistance, if any, the adult might need at the hearing; if urgent action is required—an explanation of the urgency.\n(sec.112-ssec.2) The application must also include, for example, by attaching a report, information about the adult relevant to the application that is provided by a health provider.\n- (a) a detailed description of the adult’s alleged impaired capacity for the special health matter concerned;\n- (b) information about the proposed special health care, including— (i) a description of the proposed special health care; and (ii) information about any available alternative forms of health care and an explanation why the proposed special health care is the preferred form of health care; and (iii) details of any risks to the adult if the proposed special health care is carried out; and (iv) details of any risks to the adult if the proposed special health care is not carried out; and (v) particulars about when and where the proposed special health care would be carried out;\n- (i) a description of the proposed special health care; and\n- (ii) information about any available alternative forms of health care and an explanation why the proposed special health care is the preferred form of health care; and\n- (iii) details of any risks to the adult if the proposed special health care is carried out; and\n- (iv) details of any risks to the adult if the proposed special health care is not carried out; and\n- (v) particulars about when and where the proposed special health care would be carried out;\n- (c) whether the adult has been informed of the application;\n- (d) whether the adult objects to the proposed special health care;\n- (e) a description of how the person communicates and information about the type of assistance, if any, the adult might need at the hearing;\n- (f) if urgent action is required—an explanation of the urgency.\n- (i) a description of the proposed special health care; and\n- (ii) information about any available alternative forms of health care and an explanation why the proposed special health care is the preferred form of health care; and\n- (iii) details of any risks to the adult if the proposed special health care is carried out; and\n- (iv) details of any risks to the adult if the proposed special health care is not carried out; and\n- (v) particulars about when and where the proposed special health care would be carried out;","sortOrder":165},{"sectionNumber":"sec.113","sectionType":"section","heading":"Other additional requirements for application to register a registrable order","content":"### sec.113 Other additional requirements for application to register a registrable order\n\nAn application under the Guardianship and Administration Act 2000 , chapter 7 , part 9 to the tribunal to register an order about an adult made in another jurisdiction must include the following information—\na description of the adult’s impaired capacity;\nthe name of the jurisdiction in which, and recognised provision under which, the order was made;\nthe name, address and telephone number of the adult’s current guardian or administrator;\nthe adult’s address in Queensland and whether the adult will be residing in Queensland on a permanent basis;\nif urgent action is required—an explanation of the urgency.\n- (a) a description of the adult’s impaired capacity;\n- (b) the name of the jurisdiction in which, and recognised provision under which, the order was made;\n- (c) the name, address and telephone number of the adult’s current guardian or administrator;\n- (d) the adult’s address in Queensland and whether the adult will be residing in Queensland on a permanent basis;\n- (e) if urgent action is required—an explanation of the urgency.","sortOrder":166},{"sectionNumber":"pt.14","sectionType":"part","heading":"Proceedings under Legal Profession Act 2007","content":"# Proceedings under Legal Profession Act 2007","sortOrder":167},{"sectionNumber":"sec.114","sectionType":"section","heading":"Interpretation of this part","content":"### sec.114 Interpretation of this part\n\nSubject to subrule (2) , if this part uses a term that is used in the Legal Profession Act 2007 , the term has the same meaning in this part as it has in that Act unless a contrary intention appears.\nIn this part—\ndiscipline application means an application to the tribunal under the Legal Profession Act 2007 , section 452 (1) (a) .\n(sec.114-ssec.1) Subject to subrule (2) , if this part uses a term that is used in the Legal Profession Act 2007 , the term has the same meaning in this part as it has in that Act unless a contrary intention appears.\n(sec.114-ssec.2) In this part— discipline application means an application to the tribunal under the Legal Profession Act 2007 , section 452 (1) (a) .","sortOrder":168},{"sectionNumber":"sec.115","sectionType":"section","heading":"Making a discipline application","content":"### sec.115 Making a discipline application\n\nA discipline application must be made in the approved form.\nUnder section 33 of the Act , the application must state the reasons for the application and be filed.\nA discipline application may relate to more than 1 complaint or investigation matter.\nA discipline application must state particulars of the alleged unsatisfactory professional conduct or professional misconduct of the person to whom the application relates.\nThe approved form for subrule (1) must provide for the inclusion of the applicant’s statement of address for service.\nThis rule applies despite rule 7 .\n(sec.115-ssec.1) A discipline application must be made in the approved form. Under section 33 of the Act , the application must state the reasons for the application and be filed.\n(sec.115-ssec.2) A discipline application may relate to more than 1 complaint or investigation matter.\n(sec.115-ssec.3) A discipline application must state particulars of the alleged unsatisfactory professional conduct or professional misconduct of the person to whom the application relates.\n(sec.115-ssec.4) The approved form for subrule (1) must provide for the inclusion of the applicant’s statement of address for service.\n(sec.115-ssec.5) This rule applies despite rule 7 .","sortOrder":169},{"sectionNumber":"sec.116","sectionType":"section","heading":"Transferring discipline application","content":"### sec.116 Transferring discipline application\n\nThis rule applies if, for a discipline application, the legal practice committee can not be reconstituted under the Legal Profession Act 2007 , section 641 (5) .\nThe discipline application must be transferred to the tribunal by applying to the tribunal to deal with the matter the subject of the discipline application.\nIn this rule—\nlegal practice committee means the Legal Practice Committee continued in existence under the Legal Profession Act 2007 , section 621 .\n(sec.116-ssec.1) This rule applies if, for a discipline application, the legal practice committee can not be reconstituted under the Legal Profession Act 2007 , section 641 (5) .\n(sec.116-ssec.2) The discipline application must be transferred to the tribunal by applying to the tribunal to deal with the matter the subject of the discipline application.\n(sec.116-ssec.3) In this rule— legal practice committee means the Legal Practice Committee continued in existence under the Legal Profession Act 2007 , section 621 .","sortOrder":170},{"sectionNumber":"pt.15","sectionType":"part","heading":"Public examinations","content":"# Public examinations","sortOrder":171},{"sectionNumber":"sec.117","sectionType":"section","heading":"Copy of application to be given to all concerned","content":"### sec.117 Copy of application to be given to all concerned\n\nThis rule applies if—\nthe chief executive under the Property Occupations Act 2014 applies to the tribunal to conduct a public examination under section 182 of that Act; or\nthe Queensland Building and Construction Commission applies to the tribunal to conduct a public examination under the Queensland Building and Construction Commission Act 1991 .\nFor section 37 (2) (b) of the Act , notice of the proceeding for the public examination must be given to each person proposed to be the subject of the public examination.\nThe copy of the application given to each person mentioned in subrule (2) must be accompanied by written grounds for the public examination.\nr 117 amd 2014 SL No. 251 s 48 sch 2 ; 2016 SL No. 33 s 32\n(sec.117-ssec.1) This rule applies if— the chief executive under the Property Occupations Act 2014 applies to the tribunal to conduct a public examination under section 182 of that Act; or the Queensland Building and Construction Commission applies to the tribunal to conduct a public examination under the Queensland Building and Construction Commission Act 1991 .\n(sec.117-ssec.2) For section 37 (2) (b) of the Act , notice of the proceeding for the public examination must be given to each person proposed to be the subject of the public examination.\n(sec.117-ssec.3) The copy of the application given to each person mentioned in subrule (2) must be accompanied by written grounds for the public examination.\n- (a) the chief executive under the Property Occupations Act 2014 applies to the tribunal to conduct a public examination under section 182 of that Act; or\n- (b) the Queensland Building and Construction Commission applies to the tribunal to conduct a public examination under the Queensland Building and Construction Commission Act 1991 .","sortOrder":172},{"sectionNumber":"pt.16","sectionType":"part","heading":"Proceedings under the Trans-Tasman Proceedings Act 2010 (Cwlth)","content":"# Proceedings under the Trans-Tasman Proceedings Act 2010 (Cwlth)","sortOrder":173},{"sectionNumber":"sec.118","sectionType":"section","heading":"Application for order for use of audio link or audiovisual link","content":"### sec.118 Application for order for use of audio link or audiovisual link\n\nA party to a proceeding applying for leave for an order that an appearance be made by audio link or audiovisual link from New Zealand under the Trans-Tasman Proceedings Act 2010 (Cwlth) , section 48 , must make the application in the proceeding to which the appearance relates.\nWords and expressions used in this section and the Trans-Tasman Proceedings Act 2010 (Cwlth) have the same meaning in this section as they have in that Act except so far as the context or subject matter otherwise indicates or requires.\nThe following words and expressions are defined in the Trans-Tasman Proceedings Act 2010 (Cwlth) , section 4 —\naudio link\naudiovisual link\nparty\nproceeding.\nr 118 ins 2013 SL No. 99 s 4\n(sec.118-ssec.1) A party to a proceeding applying for leave for an order that an appearance be made by audio link or audiovisual link from New Zealand under the Trans-Tasman Proceedings Act 2010 (Cwlth) , section 48 , must make the application in the proceeding to which the appearance relates.\n(sec.118-ssec.2) Words and expressions used in this section and the Trans-Tasman Proceedings Act 2010 (Cwlth) have the same meaning in this section as they have in that Act except so far as the context or subject matter otherwise indicates or requires. The following words and expressions are defined in the Trans-Tasman Proceedings Act 2010 (Cwlth) , section 4 — audio link audiovisual link party proceeding.\n- • audio link\n- • audiovisual link\n- • party\n- • proceeding.","sortOrder":174}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":741},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation appears to remain within its original scope as procedural rules for the Queensland Civil and Administrative Tribunal. While the rules have been amended multiple times to accommodate electronic filing, new types of proceedings, and additional protections for vulnerable parties, these changes represent natural evolution of the tribunal's procedures rather than expansion beyond the original purpose of providing accessible, informal dispute resolution."},"complexity_factors":["Extensive cross-referencing to the enabling QCAT Act and other Queensland legislation (e.g., Guardianship and Administration Act 2000, Anti-Discrimination Act 1991)","Multiple overlapping procedures for different types of proceedings (minor debt claims, minor civil disputes, guardianship matters, anti-discrimination proceedings)","Conditional logic throughout: different rules apply depending on whether proceedings are electronic or paper-based, whether parties are individuals or entities, and which division handles the matter","Numerous exceptions and special cases: rule 28 exempts certain sensitive proceedings from standard copying requirements; rules 20-23 create alternative notice requirements for specific matter types","Defined terms scattered throughout and in a schedule dictionary, with some terms defined by reference to other Acts","Nested subrules with up to 6 levels of indentation in some provisions (e.g., rule 21 with multiple sub-sub-sub paragraphs)","Frequent amendments noted in rule histories (e.g., \"r 21 amd 2011 Act No. 13 s 263; 2014 SL No. 127 s 8...\") indicating evolving complexity","Part 10A (affidavits) introduces detailed technical requirements for electronic and physical document handling that interact with the Oaths Act 1867"],"plain_english_summary":"These are the **Queensland Civil and Administrative Tribunal (QCAT) Rules 2009**, which set out the procedural rules for how cases are handled in Queensland's main tribunal for resolving civil disputes.\n\n**What this legislation does:**\n\nThe rules establish the framework for how people bring disputes to QCAT, how those disputes are managed, and how decisions are made. The tribunal handles a wide range of matters including minor debt claims (under $25,000), tenancy disputes, building disputes, anti-discrimination complaints, guardianship matters, and professional discipline cases.\n\n**Key features:**\n\n- **Three divisions**: Human Rights, Administrative and Disciplinary, and Civil Disputes\n- **Flexible, informal approach**: The rules emphasise resolving disputes quickly, cheaply, and fairly without unnecessary legal formalities\n- **Multiple ways to start proceedings**: Applications can be made using approved forms, electronically, or in writing if no form exists\n- **Alternative dispute resolution**: The rules encourage early settlement through conciliation, mediation, and compulsory conferences\n- **Special procedures for vulnerable parties**: Extra protections for people with impaired capacity, children, and those in child protection matters\n- **Electronic filing**: Documents can be filed in person, by post, or electronically\n- **Limited costs**: For minor civil disputes, costs are generally restricted to filing fees only\n\n**Who it affects:**\n\nAnyone in Queensland seeking to resolve a civil dispute without going to court, including individuals, businesses, government agencies, landlords and tenants, builders and homeowners, and people seeking guardianship orders for adults with impaired decision-making capacity.\n\n**Why it matters:**\n\nThese rules make justice more accessible by providing a simpler, faster, and cheaper alternative to court proceedings. The tribunal can waive strict compliance with procedural requirements where appropriate, and parties can often represent themselves without lawyers."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The original rules commenced in 2009 with a straightforward procedural framework. Over time, the scope expanded significantly through amendments to accommodate electronic filing (2016, 2022), additional vulnerable person protections (child protection notice rules added in 2014 via rule 20A, expanded guardianship notification requirements), new legislation such as the Public Guardian Act 2014, Education and Care Services Act 2013, and Mental Health Act 2016, and new debt recovery procedures (minor debt claims, unliquidated damages). The rules now cover a considerably broader range of proceedings and electronic processes than originally contemplated."},"complexity_factors":["Extensive cross-referencing to multiple other Acts (e.g., Guardianship and Administration Act 2000, Anti-Discrimination Act 1991, Child Protection Act 1999, Powers of Attorney Act 1998, Mental Health Act 2016, and many others), requiring readers to consult multiple legislative instruments","Different procedural rules apply to different types of proceedings (minor civil disputes, tenancy matters, guardianship matters, child protection, etc.), creating a complex matrix of applicable rules","Multiple overlapping exemptions and exceptions (e.g., notice exemptions, filing exemptions for certain proceedings under rule 28) that require careful reading to determine which rules apply in any given situation","Electronic filing rules layered across multiple sections with different requirements depending on document type (affidavits vs other documents), method of filing, and type of proceeding","Highly detailed notice requirements for vulnerable persons (impaired capacity, children) with conditional obligations based on the tribunal's awareness of a person's status (e.g., forensic orders, treatment authorities)","Graduated time period rules (7, 28, or 90 days) that vary based on document type, method of service, and enabling Act requirements","Rules about partnerships, registered/unregistered business names, and joint applications add procedural layers relevant to non-individual parties","Frequent amendments (2011, 2012, 2013, 2014, 2016, 2017, 2022) mean the current operative law requires careful checking of the version in force"],"plain_english_summary":"## What is this law?\n\nThe **Queensland Civil and Administrative Tribunal Rules 2009** set out the step-by-step procedures for how QCAT (Queensland's main tribunal for resolving disputes) operates. Think of QCAT as a less formal, cheaper alternative to court — it handles everything from tenancy disputes and discrimination complaints to guardianship matters and professional discipline.\n\n## Who does it affect?\n\nThis law affects **anyone who brings a matter to QCAT or is brought before QCAT**, including:\n- **Tenants and landlords** in rental disputes\n- **Consumers and businesses** in civil debt and contract disputes\n- **People with disability** and their families (guardianship and administration matters)\n- **Children and families** in child protection proceedings\n- **Anyone facing discrimination** under anti-discrimination laws\n- **Professionals** facing disciplinary action\n- **Partnerships and businesses** sued or suing through QCAT\n\n## What does it actually do?\n\nThe rules cover the nuts and bolts of using QCAT:\n\n- **Starting a case**: How to lodge an application or referral (in person, by post, or online), what information must be included, and where tenancy matters must be filed\n- **Partnerships and businesses**: How to sue or be sued as a partnership or under a business trading name\n- **Filing documents**: Rules for submitting paperwork — including electronically — and how many copies you need\n- **Serving documents**: How to officially deliver legal documents to other parties (post, email, fax, in person, etc.)\n- **Deadlines**: Time limits for giving notice (e.g., 7 days for most matters, 90 days for minor debt claims)\n- **Sensitive proceedings**: Special notice rules for vulnerable people, including those with impaired decision-making capacity (e.g., due to disability or illness), children in protection proceedings, and adoption matters\n- **Flexibility**: The tribunal can waive procedural rules where strict compliance isn't necessary — a key feature that makes QCAT more accessible than a court\n\n## The big picture\n\nThe overarching goal is to make dispute resolution **accessible, fair, quick, and cheap** — especially for everyday Queenslanders who aren't lawyers. The rules deliberately avoid unnecessary red tape and allow the tribunal to adapt procedures to suit different people's needs."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"sec.3(2)(a)(i)","severity":"low","reasoning":"A rule that procedures must be uniform except when they need not be uniform provides no practical constraint whatsoever. The exception is defined by the very circumstances that would motivate deviation, creating a tautology: procedures are the same except when they need to be different.","confidence":0.72,"description":"The rules state procedures must be 'the same for all proceedings' but then immediately qualify this with 'except where special procedures are required for proceedings for a particular class of matters'. The exception is so broad it substantially swallows the rule, rendering the uniformity principle largely meaningless."},{"type":"circular_definition","section":"sec.3(2)(b)(iv)","severity":"low","reasoning":"The rules direct the tribunal to recognise that 'strict compliance with a procedural requirement in these rules may not always be necessary'. This creates a self-undermining provision: the rules themselves acknowledge that compliance with their own content is optional, which raises the question of what normative force the rules actually carry.","confidence":0.65,"description":"The rules purport to guide the tribunal in 'exercising its discretion' to waive compliance with procedural requirements under these rules, while themselves being the procedural requirements subject to waiver. The rules thus contemplate their own irrelevance as an objective."},{"type":"self_contradicting","section":"sec.3(1)(a) and sec.3(1)(b)","severity":"low","reasoning":"Speed and flexibility/accommodation of diverse needs are structurally in tension. While some tension in objectives is a feature of many legislative instruments, no mechanism is provided to resolve conflicts between these objectives when they arise in practice.","confidence":0.6,"description":"Section 3(1)(a) requires matters to be dealt with 'quickly' while section 3(1)(b) requires 'flexibility to cater for different needs of particular parties'. These two objectives are in inherent tension: accommodating diverse needs necessarily introduces delay. The rules provide no hierarchy or tiebreaker between these competing objectives."},{"type":"self_contradicting","section":"sec.23(1) and sec.23(2)","severity":"high","reasoning":"A court or tribunal order restricting contact between parties presumably reflects a finding that contact poses some risk (e.g., domestic violence). Rule 23(2) mandates the principal registrar deliver the application to the very person the applicant is prohibited from contacting. The document will reveal the applicant's address for service, the nature of the proceedings, and potentially other identifying information — effectively circumventing the protective order by using the registrar as an intermediary. There is no provision for redacting the applicant's address or other identifying information before the registrar serves it.","confidence":0.85,"description":"Rule 23 exempts an applicant from giving a copy of an application to a person where doing so would contravene a contact-restriction order, but then mandates that the principal registrar give that same copy to the restricted person. The rule thus routes the prohibited contact through a third party, achieving the very outcome the contact restriction was designed to prevent."},{"type":"impossible_compliance","section":"sec.16(4)","severity":"medium","reasoning":"The applicant is stuck in a catch-22: they cannot take steps in the proceeding (including steps to identify the respondent) but must comply with section 37 notice requirements that presuppose the respondent is identifiable. Rule 16(2) requires the applicant to 'take all reasonable steps' to find out the business owner's name, but rule 16(4) prohibits taking steps in the proceeding without leave, creating ambiguity about whether identification steps constitute 'steps in the proceeding'.","confidence":0.75,"description":"Rule 16(4) prohibits an applicant from taking any step in the proceeding until amendments identifying the correct respondent are made, except for complying with section 37 of the Act (which requires giving copies of the application to parties). However, section 37 compliance requires giving copies to 'each party to the proceeding' — but the respondent's identity is precisely what remains unknown. The applicant is thus required to give notice to a party they cannot identify, while simultaneously being prohibited from taking steps to identify them."},{"type":"other","section":"sec.21(4)(b)","severity":"medium","reasoning":"The provision conflates competence to participate with willingness to participate. A person with impaired capacity who 'may evade' a hearing is being denied notice of proceedings that directly concern them on a basis that presupposes they understand the proceedings well enough to evade them. This is internally incoherent when read alongside the protective purpose of the Guardianship and Administration Act 2000 proceedings.","confidence":0.7,"description":"Rule 21(4)(b) allows the principal registrar to withhold notice of a proceeding from the relevant adult (a person who may have impaired capacity) on the basis that 'the tribunal considers the adult may evade the hearing'. The notion that a person with potentially impaired capacity would be denied procedural notice because they might avoid proceedings they may not even understand is a significant due process concern dressed up as a logical provision."},{"type":"other","section":"sec.29(3)","severity":"low","reasoning":"The 'ought reasonably to know' standard in the context of statutory notice obligations imports a quasi-legal expertise requirement for self-represented litigants, who are a primary intended user of the tribunal. This tensions with section 3(2)(b)(iii)'s objective of 'recognising, and being responsive to, the diverse needs of persons who use the tribunal'.","confidence":0.6,"description":"Rule 29(3) requires a filer to provide extra copies 'for each person who the person knows, or ought reasonably to know, is to be given a copy'. The standard 'ought reasonably to know' applied to legal requirements (who must receive copies under the Act, enabling Acts or rules) effectively imposes a legal knowledge requirement on lay parties, which sits uneasily with the philosophy in section 3 of ensuring accessibility and minimising burdensome requirements."},{"type":"other","section":"sec.27A(3)","severity":"medium","reasoning":"The purpose of a signature requirement is authentication and attestation of intent. Deeming a typed name as a signature without any authentication mechanism (e.g., digital certificate, login credential, or statutory declaration) renders the requirement meaningless. This is particularly significant for documents such as applications that are required under section 33 of the Act to state reasons and be filed — the identity of the applicant becomes unverifiable.","confidence":0.78,"description":"Rule 27A(3) deems a document 'signed' if a person's name is merely 'written' at the designated signature location in an electronically filed document. This effectively eliminates the signature requirement for electronic filings, since typing one's name requires no authentication whatsoever — any person could type anyone else's name."}],"contradictions":[{"severity":"low","section_a":"sec.3(2)(b)(ii)","section_b":"sec.3(1)(a)","confidence":0.55,"description":"Section 3(2)(b)(ii) requires proceedings to be 'as quick as is consistent with achieving justice', while section 3(1)(a) requires matters to be dealt with in a way that is 'just' — but also 'quick'. These provisions are reconcilable in isolation but create a hierarchy problem: speed is capped by justice in 3(2)(b)(ii) but presented as co-equal with justice in 3(1)(a). The rules give no guidance on which formulation prevails when they conflict."},{"severity":"low","section_a":"sec.20(2)","section_b":"sec.19(1)(b)(ii)","confidence":0.6,"description":"Rule 19(1)(b)(ii) requires notice to be given 'no later than the prescribed period after the application or referral is accepted'. Rule 20(2) requires the principal registrar to give notice 'within the period stated in rule 19' for specified proceedings. However, the 'period stated in rule 19' is the maximum period, not a fixed period, and is itself defined by reference to sub-categories (minor debt claim: 90 days; personal service required: 28 days; otherwise: 7 days). For proceedings listed in rule 20 (e.g. Residential Tenancies), it is unclear which of the three 'prescribed period' limbs applies, creating potential ambiguity in compliance deadlines."},{"severity":"medium","section_a":"sec.28(2)","section_b":"sec.29(2)","confidence":0.68,"description":"Rule 28(2) provides that for specified sensitive proceedings (adoption, child protection, guardianship etc.), a person must file 'only the original document'. Rule 29(2) requires filing 'the original document and the number of copies stated in subrule (3)'. Rule 29(1)(b) explicitly disapplies rule 29 to proceedings under rule 28. However, rule 28 itself does not address what happens to the copies that the registry would otherwise retain and distribute — the 'original only' requirement creates an operational gap where the registrar cannot provide stamped copies to parties as contemplated by rule 31."},{"severity":"medium","section_a":"sec.30(1)","section_b":"sec.30(2)","confidence":0.8,"description":"Rule 30(1) requires that documents filed by post be accompanied by a stamped return envelope. Rule 30(2) disapplies this to rule 28 proceedings. However, rule 32(2) requires that if the principal registrar refuses to file a document filed by post, the document must be returned 'in the envelope accompanying the document under rule 30'. For rule 28 proceedings (where rule 30 does not apply and no envelope need be provided), there is no mechanism to return a rejected document filed by post, leaving a procedural gap."},{"severity":"medium","section_a":"sec.22(1)","section_b":"sec.22(2)","confidence":0.72,"description":"Rule 22(1) exempts an applicant from giving a copy of a referral to the 'referring person' (a person other than the applicant who referred the matter). Rule 22(2) states this exemption applies 'even if the referring person is a party to the proceeding'. This creates the absurd result that a party to the proceeding — with full entitlement to participate — need not be given a copy of the referral document that started the proceedings they are a party to. While the referring person may already have the document (having made the referral), the provision does not limit itself to cases where that is so."},{"severity":"low","section_a":"sec.7(1)(a)","section_b":"sec.10(1)","confidence":0.65,"description":"Rule 7 provides that an application must be made in the approved form (or electronically, or otherwise in the way stated in rule 10). Rule 10 applies only if 'there is no approved form'. However, rule 7(1)(c) directs to rule 10 as a third alternative alongside the approved form, suggesting rule 10 may apply even when an approved form exists. This creates ambiguity about whether rule 10 is a residual fallback or an independent alternative to the approved form."},{"severity":"low","section_a":"sec.31(3)","section_b":"sec.28(2)","confidence":0.58,"description":"Rule 31(3) requires the principal registrar to send a stamped copy of a filed document back to the filer for documents filed electronically or 'in a proceeding other than for a proceeding to which rule 28 applies'. The drafting of rule 31(3) uses 'or' in a way that is ambiguous: it could mean (a) electronically filed documents in any proceeding, OR (b) documents in non-rule-28 proceedings. If reading (b) is correct, rule 28 proceedings are excluded from the stamped-copy return obligation, but the rule does not provide an alternative mechanism for notifying filers in those sensitive proceedings that their document has been accepted."}]}},"importantCases":[],"_links":{"self":"/api/acts/queensland-civil-and-administrative-tribunal-rules-2009","history":"/api/acts/queensland-civil-and-administrative-tribunal-rules-2009/history","analysis":"/api/acts/queensland-civil-and-administrative-tribunal-rules-2009/analysis","conflicts":"/api/acts/queensland-civil-and-administrative-tribunal-rules-2009/conflicts","importantCases":"/api/acts/queensland-civil-and-administrative-tribunal-rules-2009/important-cases","documents":"/api/acts/queensland-civil-and-administrative-tribunal-rules-2009/documents"}}