QLDIn ForceRegulation
Uniform Civil Procedure Rules 1999
sec.516Hearing and deciding claim
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### sec.516 Hearing and deciding claim
The court must hear and decide a relevant claim in accordance with the applied procedures, unless the court considers deciding the claim under the applied procedures would be an abuse of process.
In deciding a minor claim, the court—
must make the orders it considers fair and equitable to the parties to the proceeding; but
may, if the court considers it appropriate, dismiss the claim.
The Magistrates Courts Act 1921 , section 45A provides that if the parties agree in writing, no appeal lies from a judgment in a proceeding dealt with under the simplified procedures.
Nothing in this division prevents the court—
attempting to settle a relevant claim; or
continuing to hear and decide a relevant claim that can not be settled by mediation or otherwise; or
making orders to give effect to an agreement reached by mediation or otherwise.
In this rule—
applied procedures , for a relevant claim, means the simplified procedures applying to the claim under rule 514 .
relevant claim means a minor claim, or another claim to which all or part of the simplified procedures apply.
r 516 sub 2000 SL No. 127 s 44 ; 2006 SL No. 194 s 6 ; 2009 SL No. 265 s 75
(sec.516-ssec.1) The court must hear and decide a relevant claim in accordance with the applied procedures, unless the court considers deciding the claim under the applied procedures would be an abuse of process.
(sec.516-ssec.2) In deciding a minor claim, the court— must make the orders it considers fair and equitable to the parties to the proceeding; but may, if the court considers it appropriate, dismiss the claim. The Magistrates Courts Act 1921 , section 45A provides that if the parties agree in writing, no appeal lies from a judgment in a proceeding dealt with under the simplified procedures.
(sec.516-ssec.3) Nothing in this division prevents the court— attempting to settle a relevant claim; or continuing to hear and decide a relevant claim that can not be settled by mediation or otherwise; or making orders to give effect to an agreement reached by mediation or otherwise.
(sec.516-ssec.4) In this rule— applied procedures , for a relevant claim, means the simplified procedures applying to the claim under rule 514 . relevant claim means a minor claim, or another claim to which all or part of the simplified procedures apply.
- (a) must make the orders it considers fair and equitable to the parties to the proceeding; but
- (b) may, if the court considers it appropriate, dismiss the claim. Note— The Magistrates Courts Act 1921 , section 45A provides that if the parties agree in writing, no appeal lies from a judgment in a proceeding dealt with under the simplified procedures.
- (a) attempting to settle a relevant claim; or
- (b) continuing to hear and decide a relevant claim that can not be settled by mediation or otherwise; or
- (c) making orders to give effect to an agreement reached by mediation or otherwise.