Queensland Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 1999 - REG 759

759 Registry preparation of appeal book

(1) An individual who is an appellant or cross appellant may apply to the registrar for an order that the registry prepare the appeal book for the appeal or cross appeal at no cost to the individual because of the individual’s financial position.

(2) The registrar may decide the application summarily and without extensive investigation.

(3) The registrar may order that the registry prepare the appeal book at no cost to the individual if, having regard to the individual’s financial position, including, for example, the following matters, it is clearly in the interests of justice to make the order—

(a) if the individual receives an income-tested pension under the Social Security Act 1991 (Cwlth) , the type and amount of the pension;

(b) how much the individual is paying as rent for accommodation;

(c) whether a spouse or close relative may be willing to give the individual financial help;

(d) any other matter the registrar considers relevant.

(4) The individual, if dissatisfied with the registrar’s decision on an application under subrule (1) may apply to a judge of appeal for a review of the decision.

(5) On an application for a review of the registrar’s decision, the judge conducting the review—

(a) may consider the application with or without a hearing; and

(b) may consider—

(i) anything the registrar considered under subrule (3) ; and

(ii) the preliminary merits of the appeal to which the application relates; and

(c) may make the order the judge considers appropriate.

(6) When making an application under this rule, the individual must give the court a written undertaking that, if the individual is successful on the appeal or cross appeal and costs are awarded in the individual’s favour, the individual will pay the registrar the appeal books fee in relation to the appeal or cross appeal.

(7) In this rule—

"appeal books fee" means the fee payable under the Uniform Civil Procedure (Fees) Regulation 2009 , schedule 1 , item 17.