Queensland Consolidated Regulations

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UNIFORM CIVIL PROCEDURE RULES 1999 - REG 27

Service of application

27 Service of application

(1) An application must be filed and then served on each respondent at least 3 business days before the day set for hearing the application.
Note—
Under the Acts Interpretation Act 1954 , section 38 (1) (a) , the service day and the hearing day are excluded in the reckoning of time.
(2) However, the time limit in subrule (1) does not apply if—
(a) these rules, an Act or another law permit the application to be heard and decided without being served; or
(b) the applicant proposes in the application that it be decided without a hearing; or
(c) another time is provided for under these rules or an Act .
(3) If an application is not served as required by subrule (1) , the court must not hear and decide the application unless the court considers it just to hear and decide the application on the day set for hearing and 1 of the following applies—
(a) the court is satisfied delay caused by giving notice of the application would cause irreparable or serious mischief to the applicant or another person;
(b) the court is satisfied the respondents to the application will suffer no significant prejudice if it hears and decides the application on the day set for hearing;
(c) the respondents to the application consent to the court hearing and deciding the application on the day set for hearing.
Example of subrule (3)—
The court may decide subrule (3) has been satisfied if the application is a cross application by a respondent to another application and it is convenient for the applications to be heard together.
(4) For an application not served as required by subrule (1)
(a) the court may make an order on an undertaking given by the applicant and acceptable to the court; and
(b) a person affected by the order may apply to the court for it to be set aside.



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