Queensland Consolidated Acts

PROPERTY LAW ACT 1974 - SECT 144

144 Summons upon complaint for recovery of possession of land

(1) Upon complaint under section 143 signed by the complainant or his or her agent a justice may issue his or her summons directed to the defendant requiring him or her to appear on the day and at the time stated in the summons at the Magistrates Court at the place stated in the summons to answer the complaint and to show cause why a warrant to eject the defendant from the land should not be issued.

(2) The summons may be in the approved form.

(3) Every summons shall be endorsed on its face with a notice directed to the defendant that unless the defendant, not less than 3 days before the day on which the defendant is required by the summons to appear, gives written notice to the clerk of the court at which the defendant is summoned to appear that the defendant wishes to appear to answer the complaint, the complaint may be heard and determined in the defendant’s absence and evidence by affidavit on behalf of the complainant may be admitted.

(4) The summons shall be served within a reasonable time before the time appointed for the defendant to appear and in the manner provided by the Justices Act 1886 .

(5) However, where it is made to appear by oral evidence or affidavit (including affidavit founded upon information and belief and stating the sources of such information and grounds of belief) to the court before which the defendant is required by the summons to appear that for any cause the service of a summons issued and complaint made under this division cannot be effected in the manner provided by that Act, the court may—

(a) make such order for substituted or other service as it thinks proper, in which case the summons and complaint served in the manner provided by such order shall be deemed to have been duly served on the defendant; or

(b) upon being satisfied that the summons and complaint have by any means come to the knowledge of the defendant, order that the defendant be deemed to have been duly served with the summons and on the making of such order may deal with the complaint as if such complaint and summons had been duly served under the Justices Act 1886 .