QLDIn ForceAct
Land Act 1994
sec.380Applying for Supreme Court order
Start here
Get a plain-English read of sec.380
Turn the raw legal text into a practical explanation grounded in Land Act 1994.
### sec.380 Applying for Supreme Court order
This section applies to—
the Attorney-General; or
a trustee or beneficiary under a trust; or
a personal representative, a beneficiary or anyone else interested in—
a lease, sublease or licence of a deceased person; or
a trust involving a lease, sublease or licence of a deceased person; or
a lease, sublease or licence registered in the name of a person as personal representative.
a person claiming to be entitled to be appointed as personal representative in the place of the person in whose name the lease, sublease or licence is registered
A person to whom this section applies may apply to the Supreme Court for an order that a named person be registered as lessee, sublessee or licensee.
The Supreme Court may make 1 or more of the following orders—
that a person be registered as lessee, sublessee or licensee;
that a person be removed from the appropriate register as lessee, sublessee or licensee;
that a person advertise in a particular way;
that costs be paid by any person or out of any property.
The registrar of titles must register particulars of an order if a request to register the order is lodged and an office copy of the order is deposited.
An order does not vest an interest in the lease, sublease or licence until it is registered.
s 380 amd 2019 No. 7 s 198 ; 2021 No. 12 s 148 sch 3
(sec.380-ssec.1) This section applies to— the Attorney-General; or a trustee or beneficiary under a trust; or a personal representative, a beneficiary or anyone else interested in— a lease, sublease or licence of a deceased person; or a trust involving a lease, sublease or licence of a deceased person; or a lease, sublease or licence registered in the name of a person as personal representative. a person claiming to be entitled to be appointed as personal representative in the place of the person in whose name the lease, sublease or licence is registered
(sec.380-ssec.2) A person to whom this section applies may apply to the Supreme Court for an order that a named person be registered as lessee, sublessee or licensee.
(sec.380-ssec.3) The Supreme Court may make 1 or more of the following orders— that a person be registered as lessee, sublessee or licensee; that a person be removed from the appropriate register as lessee, sublessee or licensee; that a person advertise in a particular way; that costs be paid by any person or out of any property.
(sec.380-ssec.4) The registrar of titles must register particulars of an order if a request to register the order is lodged and an office copy of the order is deposited.
(sec.380-ssec.5) An order does not vest an interest in the lease, sublease or licence until it is registered.
- (a) the Attorney-General; or
- (b) a trustee or beneficiary under a trust; or
- (c) a personal representative, a beneficiary or anyone else interested in— (i) a lease, sublease or licence of a deceased person; or (ii) a trust involving a lease, sublease or licence of a deceased person; or (iii) a lease, sublease or licence registered in the name of a person as personal representative. Example of a person interested in a lease, sublease or licence mentioned in subparagraph (iii) — a person claiming to be entitled to be appointed as personal representative in the place of the person in whose name the lease, sublease or licence is registered
- (i) a lease, sublease or licence of a deceased person; or
- (ii) a trust involving a lease, sublease or licence of a deceased person; or
- (iii) a lease, sublease or licence registered in the name of a person as personal representative. Example of a person interested in a lease, sublease or licence mentioned in subparagraph (iii) — a person claiming to be entitled to be appointed as personal representative in the place of the person in whose name the lease, sublease or licence is registered
- (i) a lease, sublease or licence of a deceased person; or
- (ii) a trust involving a lease, sublease or licence of a deceased person; or
- (iii) a lease, sublease or licence registered in the name of a person as personal representative. Example of a person interested in a lease, sublease or licence mentioned in subparagraph (iii) — a person claiming to be entitled to be appointed as personal representative in the place of the person in whose name the lease, sublease or licence is registered
- (a) that a person be registered as lessee, sublessee or licensee;
- (b) that a person be removed from the appropriate register as lessee, sublessee or licensee;
- (c) that a person advertise in a particular way;
- (d) that costs be paid by any person or out of any property.