sec.35General rule

### sec.35 General rule A person must start a proceeding before a court in 1 of the following districts— the district in which the defendant or respondent lives or carries on business; if there is more than 1 defendant or respondent—the district in which 1 or more of the defendants or respondents live or carry on business; if the parties to a proceeding to be started in a Magistrates Court or the District Court consent in writing and file the consent with the registrar— for a Magistrates Court—any Magistrates Courts district; or for the District Court—any district of the District Court; if a defendant has agreed or undertaken in writing to pay a debt or another amount at a particular place—the district in which the place is located; the district in which all or part of the claim or cause of action arose; if the proceeding is a claim for the recovery of possession of land—the district in which the land is located. However, if the proceeding is to be started in the District Court and subrule (1) does not apply— a person may, without notice to a proposed party, apply to the District Court for directions about the district in which the proceeding should be started; and the person may start the proceeding in accordance with the court’s directions. For these rules, a division of the Brisbane Magistrates Court is taken to be a district. r 35 amd 2000 SL No. 127 s 10 ; 2004 SL No. 115 s 3 (sec.35-ssec.1) A person must start a proceeding before a court in 1 of the following districts— the district in which the defendant or respondent lives or carries on business; if there is more than 1 defendant or respondent—the district in which 1 or more of the defendants or respondents live or carry on business; if the parties to a proceeding to be started in a Magistrates Court or the District Court consent in writing and file the consent with the registrar— for a Magistrates Court—any Magistrates Courts district; or for the District Court—any district of the District Court; if a defendant has agreed or undertaken in writing to pay a debt or another amount at a particular place—the district in which the place is located; the district in which all or part of the claim or cause of action arose; if the proceeding is a claim for the recovery of possession of land—the district in which the land is located. (sec.35-ssec.2) However, if the proceeding is to be started in the District Court and subrule (1) does not apply— a person may, without notice to a proposed party, apply to the District Court for directions about the district in which the proceeding should be started; and the person may start the proceeding in accordance with the court’s directions. (sec.35-ssec.3) For these rules, a division of the Brisbane Magistrates Court is taken to be a district. - (a) the district in which the defendant or respondent lives or carries on business; - (b) if there is more than 1 defendant or respondent—the district in which 1 or more of the defendants or respondents live or carry on business; - (c) if the parties to a proceeding to be started in a Magistrates Court or the District Court consent in writing and file the consent with the registrar— (i) for a Magistrates Court—any Magistrates Courts district; or (ii) for the District Court—any district of the District Court; - (i) for a Magistrates Court—any Magistrates Courts district; or - (ii) for the District Court—any district of the District Court; - (d) if a defendant has agreed or undertaken in writing to pay a debt or another amount at a particular place—the district in which the place is located; - (e) the district in which all or part of the claim or cause of action arose; - (f) if the proceeding is a claim for the recovery of possession of land—the district in which the land is located. - (i) for a Magistrates Court—any Magistrates Courts district; or - (ii) for the District Court—any district of the District Court; - (a) a person may, without notice to a proposed party, apply to the District Court for directions about the district in which the proceeding should be started; and - (b) the person may start the proceeding in accordance with the court’s directions.