Queensland Consolidated Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Next]
[Download]
[Help]
PROPERTY LAW ACT 1974 - SECT 148
Rehearing where proof made by affidavit
148 Rehearing where proof made by affidavit
(1) Where, in default of appearance of the defendant at the time and place
appointed by the summons for the hearing and determination of the complaint,
or at any time or place to which the hearing is adjourned, the court has, upon
proof by affidavit of the matters required by section 145 (1) to be proved,
ordered that the warrant mentioned in that subsection be issued, a Magistrates
Court at the place where the order was made may, upon application in that
behalf made by the defendant or by the defendant’s counsel or solicitor,
within 7 days after the date on which the order was made, if in its opinion
there is a proper reason for so doing, grant a rehearing of the complaint upon
which the order was made on such terms and subject to the payment of such
costs as it thinks fit.
(2) Upon and because of the grant of a rehearing—
(a) subject to subsection (4) , the order for the issue of a warrant made upon
the first hearing and any warrant issued under it shall cease to have effect;
and
(b) the court may, with the consent of the complainant, proceed with the
rehearing immediately or it may and, if the complainant does not consent to
the court proceeding with the rehearing immediately, shall set down the
rehearing for a later date; and
(c) on the rehearing, the complaint shall be
reheard and redetermined as if the rehearing were the original hearing and
determination.
(3) Upon the rehearing proof shall not be made by affidavit of
any of the matters required by section 145 (1) to be proved.
(4) If the
defendant when called does not appear at the time and place appointed for the
rehearing, the court, if it thinks fit, may without rehearing the complaint
order that the original order (and, where applicable, warrant) be restored and
such order (and, where applicable, warrant) shall be restored to effect
accordingly and shall be deemed to have had force and effect on and from the
date when the order was first made or, in the case of such warrant, it was
first issued.
(4A) However, in the case of such a warrant the time limited
for its execution shall begin to run on and from the date of the order
restoring it to effect.
(5) Where in the case of a complaint containing a
further matter of complaint under section 147 , the matters of complaint have
been heard together, then upon and because of the grant of a rehearing of the
complaint the order (if any) made against the defendant in respect of such
further matter of complaint shall, subject to subsection (6) , cease to have
effect and upon the rehearing such further matter of complaint shall be
reheard and redetermined as if the rehearing were the original hearing and
determination of the original hearing.
(6) If, under subsection (4) , the
court orders the original order for the issue of a warrant made upon the
complaint to be restored the order (if any) made against the defendant in
respect of the further matter of complaint shall, without any order of the
court be also restored to effect.
(7) However, the court, upon the
application of the complainant and upon proof, which may be by affidavit, of
the amount payable and unpaid at the date it restores the order for the issue
of a warrant made upon the original complaint, may vary the order made in
respect of the further matter of complaint so as to require the payment of
such amount.
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback