Queensland Consolidated Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]


Hearing and deciding claim

516 Hearing and deciding claim

(1) The court must hear and decide a relevant claim in accordance with the applied procedures, unless the court considers deciding the claim under the applied procedures would be an abuse of process.
(2) In deciding a minor claim, the court—
(a) must make the orders it considers fair and equitable to the parties to the proceeding; but
(b) may, if the court considers it appropriate, dismiss the claim.
The Magistrates Courts Act 1921 , section 45A provides that if the parties agree in writing, no appeal lies from a judgment in a proceeding dealt with under the simplified procedures.
(3) Nothing in this division prevents the court—
(a) attempting to settle a relevant claim; or
(b) continuing to hear and decide a relevant claim that can not be settled by mediation or otherwise; or
(c) making orders to give effect to an agreement reached by mediation or otherwise.
(4) In this rule—

"applied procedures" , for a relevant claim, means the simplified procedures applying to the claim under rule 514 .

"relevant claim" means a minor claim, or another claim to which all or part of the simplified procedures apply.

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback