Queensland Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 1999 - REG 935

935 Issue of warrant for defendant’s arrest

(1) The court may issue a warrant in the approved form for the arrest of a defendant only if it is satisfied that—

(a) the defendant has absconded or is about to abscond; and

(b) the absence of the defendant would materially prejudice the plaintiff in prosecuting the proceeding or enforcing any judgment that may be given.

(2) The court may issue the warrant at any time, for example, before the defendant has been served with the claim or before judgment.

(3) The warrant must state—

(a) the name of the defendant; and

(b) the date, within 2 months after the warrant’s issue, the warrant ends.

(4) The court may fix an amount to be stated in the warrant entitling the defendant to be released.

(5) In fixing the amount, the court may have regard to any matter it considers relevant, including the following matters—

(a) the amount (if any) of the plaintiff’s claim;

(b) the costs of issuing the warrant;

(c) an estimate of the costs of executing the warrant.