What is the UCPR Qld?
The UCPR Bulletin identifies cases heard in the Supreme and District Courts that have judicially considered the Uniform Civil Procedure Rules. Please note that the UCPR Bulletin may not be a comprehensive record of all cases that have considered the Rules. …
How do I fill out an affidavit in Qld?
Use the correct form. Include your information, or facts, accurately and truthfully. Include all relevant facts in short, numbered paragraphs. Structure your affidavit, such as setting the facts out chronologically or under themed headings.
What is a notice of intention to defend Qld?
NOTICE OF INTENTION TO DEFEND TAKE NOTICE that the First Defendant intends to defend this proceeding. The facts relied on by the First Defendant are set out in the attached defence and counterclaim.
What happens after pleadings close?
After close of pleadings, either party can apply for a trial date to be allocated by the regis- trar. On receipt of the date from the registrar, either party can serve a notice of set-down, formally confirming the date of the trial. Request for further particulars.
What is the Civil Proceedings Act 2011 QLD?
Parts 1-14 of the Bill enact a new Civil Proceedings Act 2011 (CPA) seeking to replace the current SCA. The CPA is intended to apply to civil proceedings and contempt of court proceedings in the Supreme Court, District Court and a Magistrates Court unless otherwise expressly provided (proposed new s 3).
Who prepares an affidavit?
A person who makes an affidavit is called a Deponent or an Affiant. The person who has authority to attest a certificate may be a Magistrate who may in turn be either a Judicial or an Executive Magistrate, a Notary Public or a Commissioner of Oaths depending upon the affidavit which needs to be attested.
What is the purpose of a notice of intention to defend?
The notice of intention to defend form is a very basic document in which the trade mark applicant or IRDA holder indicates their intention to contest the opposition.
When must a notice of set down be served?
The notice of set down in divorce matters After the divorce, summons has been issued and served, and the divorce is uncontested, a notice of set down must be filed at the divorce court. Usually, it’s 10 days after the divorce summons was served on the other party.
What does close of pleadings mean?
CLOSE OF PLEADINGS 25.05 Pleadings in an action are closed when, (a) the plaintiff has delivered a reply to every defence in the action or the time for delivery of a reply has expired; and. (b) every defendant who is in default in delivering a defence in the action has been noted in default.
What is a notice of discontinuance of proceedings?
12.1 Discontinuance of proceedings (cf SCR Part 21, rules 2 and 5; DCR Part 18, rule 1; LCR Part 17, rule 1) (1) The plaintiff in any proceedings may, by filing a notice of discontinuance, discontinue the proceedings, either as to all claims for relief or as to all claims for relief so far as they concern a particular defendant–
When does a plaintiff or applicant have to discontinue a proceeding?
304 Discontinuance by plaintiff or applicant (1) A plaintiff or applicant may discontinue a proceeding or withdraw part of it before being served with— (a) for a proceeding started by claim—the first defence of any defendant; or (b) for a proceeding started by application—the first
How to write a notice of discontinuation of a claim?
[Second Defendant] (Insert Name) NOTICE OF DISCONTINUANCE TAKE NOTICE that the Plaintiff discontinues the whole of the claim against the [First] Defendant [or: withdraws that part of the claim against the [First] Defendant by which the Plaintiff claims (specify relief to be withdrawn).]
Does discontinuance prejudice a proceeding consolidated with it or a counterclaim?
The plaintiff’s discontinuance of a proceeding does not prejudice a proceeding consolidated with it or a counterclaim made by the defendant. 312 Stay pending payment of costs (1) This rule applies if, because of a discontinuance or withdrawal under this part, a party is liable to pay the costs of another [r 313]