sec.44General requirement for responses other than minor debt claim

### sec.44 General requirement for responses other than minor debt claim 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. 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. However, if the Service and Execution of Process Act 1992 (Cwlth) applies, the response must be made within the time limited by that Act. 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. The approved form for subrule (2) (b) must provide for the inclusion of the respondent’s statement of address for service. 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 . r 44 amd 2011 Act No. 9 s 47 ; 2013 Act No. 11 s 20 ; 2013 SL No. 292 s 5 (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. (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. (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. (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. (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. (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 . - (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 - (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 - (b) be made in the approved form; and - (c) comply with any requirements about the response stated in an enabling Act or a practice direction; and - (d) be filed. - (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 - (a) the applicant; and - (b) each person to whom a copy of the application or referral was given under section 37 of the Act ; and - (c) any person the tribunal directs to be given notice of the response. - (a) for a building dispute under the Queensland Building and Construction Commission Act 1991 ; or - (b) for the recovery of a debt under the Queensland Building and Construction Commission Act 1991 , section 71 ; or - (c) made under the Domestic Building Contracts Act 2000 , section 18 , 55 , 60 or 84 ; or - (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 .