Queensland Consolidated Regulations

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UNIFORM CIVIL PROCEDURE RULES 1999 - REG 283

Judgment by default—debt or liquidated demand

283 Judgment by default—debt or liquidated demand

(1) This rule applies if the plaintiff’s claim against the defendant in default is for a debt or liquidated demand, with or without interest.
(2) The plaintiff may file a request for judgment for an amount not more than the amount claimed, together with—
(a) if interest is claimed—interest calculated, to the date of judgment, at the rate specified in the claim or in a practice direction for the Civil Proceedings Act 2011 , section 58 ; and
(b) the following costs—
(i) costs for issuing the claim;
(ii) costs for obtaining judgment;
(iii) any other fees and payments, to the extent they have been reasonably incurred and paid.
(3) If the plaintiff files a request for judgment under subrule (2) , the court, as constituted by a registrar, may give judgment.
(4) For this rule, a debt or liquidated demand includes interest if the rate of interest is—
(a) limited to the rate specified in, and calculated in accordance with, an agreement; or
(b) not higher than the rate specified in a practice direction for the Civil Proceedings Act 2011 , section 58 .
(5) Subrules (6) to (8) apply if interest is claimed under the Civil Proceedings Act 2011 , section 58 .
(6) If the plaintiff elects to abandon the claim for the interest, the claim is taken to be a claim for the debt or liquidated demand without interest.
(7) If the plaintiff elects to accept interest at a rate not higher than that specified in a practice direction for any period mentioned in the direction, the registrar may award interest under the direction, whether or not the defendant has paid the debt or liquidated demand after the proceeding is started.
(8) If the plaintiff seeks to recover a higher rate of interest than that specified in a practice direction for any period mentioned in the direction, the court may—
(a) decide the interest, if any, that is recoverable; and
(b) direct that judgment be given for the interest, whether or not the defendant has paid the debt or liquidated demand after the proceeding is started; and
(c) direct that judgment be given against the defendant under this rule.
(9) If the period for which interest is to be awarded is not specified in the statement of claim, interest is recoverable only from the date of the issue of the claim.
(10) If the court as constituted by a registrar is considering whether to give judgment, the registrar is not required to consider the merits of the plaintiff’s claim against the defendant.
Note—
Under rule 982 , the matter could be referred to a judge or magistrate for disposal, or for consideration and referral back, if the circumstances set out in that rule apply.



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