sec.104Summons

sec.104 Summons

If an application for a claim is made before a justice, the justice may issue a summons directed to the respondent requiring the respondent to appear before a magistrate at a stated time and place to answer the claim and to be further dealt with according to law. The summons and a copy of the application for the claim must be served on the respondent. For a proceeding under the Workers’ Compensation and Rehabilitation Act 2003 mentioned in rule 101 (h) , the summons must require the respondent to appear before a magistrate at— the Magistrates Court in the Magistrates Courts district in which the respondent resides or has its registered office; or a Magistrates Court in a division of the Brisbane Magistrates Courts district that is nearest to the respondent’s place of residence or registered office. The Justices Act 1886 , section 56 applies to service of a summons as if an application for a claim were a complaint under that Act for a charge for a simple offence. In this section— application , for a claim, includes an amended application. r 104 amd 2022 SL No. 100 s 10 (sec.104-ssec.1) If an application for a claim is made before a justice, the justice may issue a summons directed to the respondent requiring the respondent to appear before a magistrate at a stated time and place to answer the claim and to be further dealt with according to law. (sec.104-ssec.2) The summons and a copy of the application for the claim must be served on the respondent. (sec.104-ssec.3) For a proceeding under the Workers’ Compensation and Rehabilitation Act 2003 mentioned in rule 101 (h) , the summons must require the respondent to appear before a magistrate at— the Magistrates Court in the Magistrates Courts district in which the respondent resides or has its registered office; or a Magistrates Court in a division of the Brisbane Magistrates Courts district that is nearest to the respondent’s place of residence or registered office. (sec.104-ssec.4) The Justices Act 1886 , section 56 applies to service of a summons as if an application for a claim were a complaint under that Act for a charge for a simple offence. (sec.104-ssec.5) In this section— application , for a claim, includes an amended application.

• (a) the Magistrates Court in the Magistrates Courts district in which the respondent resides or has its registered office; or
• (b) a Magistrates Court in a division of the Brisbane Magistrates Courts district that is nearest to the respondent’s place of residence or registered office.