Queensland Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 1999 - REG 540

540 Certificate as to account

(1) The result of the taking of an account must be stated in a certificate that must be filed immediately after it is settled.

(2) A person who is interested in the account may apply to the court for it to be set aside or varied within 7 days after the day the certificate was filed.

(3) If a person applies for a certificate to be set aside or varied—

(a) the items objected to must be specified and the grounds of the objection must be concisely stated; and

(b) the application must be decided on the same evidence as was presented at the taking of the account, unless the court gives leave for further evidence to be presented.

(4) A certificate becomes final and is binding on the parties at the end of 7 days after the day it is filed unless a person applies under subrule (2) for the certificate to be set aside or varied.

(5) In special circumstances the court may set aside or vary a certificate after it has become final and binding.

(6) The certificate may not set out the judgment or order, the documents, evidence or reasons, but it must refer to the judgment or order or the documents or evidence so the basis of the result of the account is stated in the certificate.

(7) The certificate must specify the items allowed and disallowed.

(8) The party who is responsible for the prosecution of the judgment or order must prepare a draft certificate for settling by the court or the person who took the account on at least 7 days notice to all persons who appeared at the taking of the account.