Queensland Consolidated Regulations

CHILDRENS COURT RULES 2016

- Made under the Childrens Court Act 1992
- As at 24 June 2024
- Reg 92 of 2016

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Short title
   2.      Commencement
   3.      Application of rules
   4.      Definitions
   5.      Main objects of rules
   6.      Court may make order or issue direction on own initiative or application
   7.      Order or direction may be inconsistent with rules
   8.      Effect of noncompliance with rules

   PART 2 - STARTING PROCEEDINGS

           Division 1 - Preliminary

   9.      What part is about

           Division 2 - Starting proceedings

   10.     How proceeding is started
   11.     Where originating application may be filed
   12.     Form and content of originating application generally
   12A.    Orders and relief that may be sought in originating application for particular acknowledgement of sex proceeding

           Division 3 - Additional documents to be filed for particular proceedings

   13.     Documents to be filed if child protection proceeding started
   14.     Child protection application for Aboriginal or Torres Strait Islander child
   14A.    Documents to be filed if acknowledgement of sex proceeding started

   PART 3 - DOCUMENTS IN PROCEEDINGS

   15.     What part is about
   16.     How documents may be filed
   17.     When document is filed
   18.     Filed document to include address for service
   18A.    Documents in language other than English
   19.     Court may make or issue documents electronically

   PART 4 - SERVICE

           Division 1 - Preliminary

   20.     What part is about

           Division 2 - Notice of address for service

   21.     Notice of address for service—parties to proceeding
   22.     Notice of address for service—public guardian
   23.     Notice of address for service—guardian
   24.     Notice of address for service—Legal Aid Queensland if representing child

           Division 3 - Service generally

   25.     Parties to proceeding to be served
   26.     Document must be served at least 3 business days before court event
   27.     Method of service
   28.     Personal service
   29.     Substituted service
   30.     Informal service
   31.     Dispensing with, limiting and altering service requirement
   32.     Affidavit of service

           Division 4 - Service on guardians

   33.     Guardian to be served
   34.     Serving documents on guardian who has filed notice of address for service

   PART 5 - PARTICIPANTS IN PROCEEDINGS AND RELATED MATTERS

           Division 1 - Preliminary

   35.     What part is about
   36.     Who is a participant in a CAO proceeding or child protection proceeding

           Division 2 - Treating particular participants in CAO and child protection proceedings as parties

   37.     Separate representative of child
   38.     Non-party to the proceeding
   39.     Public guardian

           Division 3 - Representation of child by Legal Aid Queensland

   40.     Particular orders to be sent to Legal Aid Queensland
   41.     Legal Aid Queensland to advise registrar if representing child

           Division 4 - Children

   42.     Way child is to participate in proceeding
   43.     Way child is to be heard in proceeding
   44.     Telling child about significant orders and directions in CAO or child protection proceeding

           Division 5 - The public guardian

   45.     Accessing documents
   46.     Receiving documents filed in court under the Child Protection Act

           Division 6 - (Repealed)

           Division 7 - Attending appearance in CAO or child protection proceeding by electronic means

   48.     Attending appearance by audio visual link or audio link

           Division 8 - Lawyers

   49.     Lawyers may act for participants

           Division 9 - Participation of particular entities for Aboriginal or Torres Strait Islander children

   49A.    Way particular entities may express views at appearance in CAO or child protection proceeding

   PART 6 - COMPLIANCE WITH LITIGATION DIRECTOR’S DUTY OF DISCLOSURE IN CHILD PROTECTION PROCEEDINGS

           Division 1 - Preliminary

   50.     What part is about

           Division 2 - Disclosure form

   51.     What is a disclosure form
   52.     Litigation director to file and serve disclosure form

           Division 3 - Seeking disclosure of document

   53.     Party may request litigation director disclose document
   54.     Application for disclosure—Child Protection Act, s 191

           Division 4 - Disclosing document

   55.     When litigation director may disclose document
   56.     How litigation director may disclose document
   57.     Disclosing document to other parties
   58.     Directions about hearings to ensure duty of disclosure complied with within a reasonable period before hearing
   59.     Disclosed document not required to be filed
   60.     Litigation director to consider matters for disclosure duty
   61.     Litigation director to file document stating disclosure duty complied with

   PART 7 - CASE MANAGEMENT, APPLICATIONS IN PROCEEDINGS AND RELATED MATTERS

           Division 1 - Case management in child protection proceedings and acknowledgement of sex proceedings

              Subdivision 1 - Preliminary

   62.     What division is about

              Subdivision 2 - General provisions

   63.     Court to manage child protection proceedings and acknowledgement of sex proceedings
   64.     Way court may manage child protection proceeding or acknowledgement of sex proceeding
   65.     Evidence in child protection proceeding or acknowledgement of sex proceeding

              Subdivision 3 - Additional provisions for child protection proceedings

   66.     Expert evidence
   67.     Participation in child protection proceedings
   68.     Legal representation of parties
   69.     Arrangements for child
   70.     Court to consider domestic violence and other relevant proceedings
   71.     Court to consider other procedural matters for child protection proceeding
   72.     Exercise of particular powers in relation to Aboriginal or Torres Strait Islander children

              Subdivision 4 - Additional provisions for acknowledgement of sex proceedings

   72A.    Court may consider other relevant proceedings
   72B.    Court may direct particular children to give information
   72C.    Court may direct way particular children make submissions

           Division 2 - Applications in proceedings

   73.     Application in proceeding
   74.     Oral applications

           Division 3 - Concurrent contact review proceedings with child protection proceeding

   75.     Court to consider suspension of contact review proceeding under the Child Protection Act, s 99MA

           Division 4 - General court powers

   76.     Extending and shortening time
   77.     Power to amend
   78.     Varying or setting aside errors as a result of slip or omission

   PART 8 - EVIDENCE

           Division 1 - Preliminary

   79.     What part is about

           Division 2 - Affidavits

   80.     Respondent in proceeding may file affidavit
   81.     Particular children may be asked to make affidavit only with court’s leave
   82.     Contents of affidavit
   83.     Form of affidavit
   84.     Affidavit taken before party
   85.     Swearing or affirming affidavit
   86.     Certificate of reading or signature for person making affidavit
   87.     Alterations
   88.     Exhibits
   89.     Irregularity
   90.     Filing and serving an affidavit
   91.     Examination of person making affidavit
   92.     Scandal and oppression

           Division 3 - Subpoenas

   93.     Request for subpoena
   94.     Issuing subpoena
   95.     Requirements for subpoena
   96.     Person to comply with subpoena
   97.     Setting aside subpoena
   98.     Production by non-participant
   99.     Inspecting subpoenaed documents or things
   100.    When court may order costs for non-participant complying with subpoena
   101.    Return of subpoenaed documents or things

           Division 4 - Evidence given by children

   102.    Court may issue directions about how children give evidence

           Division 5 - Return of exhibits

   103.    Return of exhibits

   PART 9 - COURT ORDERED CONFERENCES IN A CHILD PROTECTION PROCEEDING

   104.    What part is about
   105.    Application of part
   106.    Court to issue direction stating matters to be dealt with at conference
   107.    Qualifications or experience of chairperson—Child Protection Act, s 69
   108.    Notice of conference
   109.    Notice to guardian about conference
   110.    Notice to public guardian about conference
   111.    Particulars for report of conference—Child Protection Act, s 72
   112.    Copies of report of conference

   PART 10 - TRANS-TASMAN PROCEEDINGS

           Division 1 - Preliminary

   113.    Interpretation
   114.    Application of part

           Division 2 - Applications

   115.    Applications in proceeding under Trans-Tasman Proceedings Act

           Division 3 - Subpoenas

   116.    Application for leave to serve subpoena in New Zealand
   117.    Application to set aside subpoena
   118.    Application for issue of certificate of noncompliance with subpoena

           Division 4 - Remote appearances

   119.    Application for order for use of audio link or audiovisual link

   PART 11 - APPEALS

   120.    What part is about
   121.    Application of part
   122.    Procedure for appeals
   123.    Notice of appeal
   124.    Registrar may issue directions about documents in an appeal to be filed and served
   125.    Registrar may set directions hearing for appeal
   126.    Registrar to give notice of hearing
   127.    Outline of argument

   PART 12 - REPEAL

   128.    Repeal

   PART 13 - TRANSITIONAL PROVISIONS

   129.    Application of these rules
   130.    References to Childrens Court Rules 1997
           SCHEDULE 1