Queensland Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 1999 - REG 984A

984A Disposal of exhibits

(1) This rule applies to an exhibit held by a court in a finalised proceeding.

(2) The registrar may give notice in the approved form to a party, the solicitor for a party or any other person who appears to the registrar to be the owner or person entitled to possession of the exhibit, to collect the exhibit from the registry within 28 days.

(3) If the exhibit is not collected from the registry within 3 months after the notice is given, the registrar may destroy or otherwise dispose of the exhibit in the way the registrar considers appropriate.

(4) The registrar may apply to the court at any time for an order about the return, destruction or other disposal of an exhibit.

(5) If the registrar returns, destroys or otherwise disposes of an exhibit under this rule, the registrar must ensure a note is placed on the court file specifying the exhibit and details of the person to whom it was returned or the way in which it was destroyed or otherwise disposed of.

(6) In this rule—

"exhibit" includes an unfiled document held by the court.

"finalised proceeding" means a proceeding—

(a) that has been discontinued; or

(b) in relation to which a party has notified the registrar that the proceeding has been settled or otherwise ended other than by discontinuance or the granting of final relief; or

(c) in which final relief has been granted if—

(i) 3 months have passed since final relief was granted and no notice of appeal has been filed under rule 746 starting an appeal, or applying for a new trial, in relation to the proceeding; or

(ii) an appeal, or application for a new trial, under rule 746 in relation to the proceeding has been decided and—

(A) 3 months have passed since the decision and no application for special leave to appeal to the High Court from the decision has been filed; or

(B) an application for special leave to appeal to the High Court from the decision has been decided other than by the grant of special leave and 3 months have passed since the High Court’s decision; or

(C) 1 month has passed since an appeal to the High Court in relation to the proceeding has been decided, other than by granting a new trial or remitting the proceeding to another court for final determination.