QLDIn ForceRegulation
Uniform Civil Procedure Rules 1999
sec.59Transfer to court if no proceeding pending
Start here
Get a plain-English read of sec.59
Turn the raw legal text into a practical explanation grounded in Uniform Civil Procedure Rules 1999.
### sec.59 Transfer to court if no proceeding pending
This rule applies if a proceeding is removed to a court under section 8 of the cross-vesting laws.
The court may immediately on the removal give a direction, make a decision or direct the parties to take a step in the proceeding the court considers appropriate.
The court’s powers under subrule (2) —
are in addition to the court’s powers under rule 56 ; and
include power to give directions that could have been given by the court or tribunal from which the proceeding was removed.
(sec.59-ssec.1) This rule applies if a proceeding is removed to a court under section 8 of the cross-vesting laws.
(sec.59-ssec.2) The court may immediately on the removal give a direction, make a decision or direct the parties to take a step in the proceeding the court considers appropriate.
(sec.59-ssec.3) The court’s powers under subrule (2) — are in addition to the court’s powers under rule 56 ; and include power to give directions that could have been given by the court or tribunal from which the proceeding was removed.
- (a) are in addition to the court’s powers under rule 56 ; and
- (b) include power to give directions that could have been given by the court or tribunal from which the proceeding was removed.