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UNIFORM CIVIL PROCEDURE RULES 1999 - SCHEDULE 3
SCHEDULE 3 – Dictionary
"account" , for a financial institution, for chapter 19 , see rule 793 .
"account assessment" see rule 644 .
"account assessor" see rule 644 .
"accounting party" , for chapter 14 , part 1 , see rule 530 (2) .
"accurately" , in relation to interpreting, translating or sight translating,
for chapter 11 , part 6 , see rule 429VB .
"additional authority" , for chapter 4 , part 7 , division 3 , see rule 130A .
"address for service" means—
(a) for a plaintiff, applicant or
appellant—see rule 17 (4) ; and
(b) for a respondent—the address given
under rule 29 ; and
(c) for a defendant—see rule 17 (4) as applied by
rule 140 .
"administration charge" means— (a) the amount set from time to time by a
practice direction issued by— (i) for an enforcement warrant issued by the
Supreme Court—the Chief Justice; or
(ii) for an enforcement warrant issued
by the District Court—the Chief Judge; or
(iii) for an enforcement warrant
issued by a Magistrates Court—the Chief Magistrate; or
(b) if a practice
direction is not in force—$3.00.
"ADR costs" , for chapter 9 , part 4 , see rule 313 .
"applicant" — (a) for chapter 4 , part 7 , division 3 , see rule 130A ; or
(b) for chapter 7 , part 1 , see rule 208B ; or
(c) for chapter 15 , part 7 ,
see rule 623 ; or
(d) for chapter 21 , see rule 948 .
"application" — 1 Each of the following is an
"application" — (a) an application starting a proceeding;
(b) another
application.
2 If the court orders a proceeding started by claim to continue
as an application, the claim is also an
"application" for these rules.
"application because of default" means an application under chapter 9 , part 1
.
"appointing parties" , for chapter 11 , part 5 , see rule 429L .
"approved document exchange" means a document exchange approved under rule 102
.
"approved entity" ...
"assessed costs" see rule 679 .
"assessing registrar" , for chapter 17A , see rule 679 .
"attached" to a document includes incorporated into the document.
"attendance allowance" , for chapter 11 , part 4 , see rule 413A .
"audio link" , for chapter 11 , part 4 , see rule 413A .
"audio visual link" , for chapter 11 , part 4 , see rule 413A .
"Australia" , for chapter 4 , see rule 100 .
"Australian lawyer" , for chapter 17A , see rule 679 .
"beneficiary" , for chapter 15 , parts 10 and 11 , see rule 644 .
"body" , of correspondence, does not include an address, salutation or other
text that is generic to correspondence.
"Brisbane registrar" ...
"business day" see the Acts Interpretation Act 1954 , schedule 1 .
"caveator" , for chapter 15 , part 7 , see rule 623 .
"central authority" , for chapter 4 , part 7 , division 3 , see rule 130A .
"central registry" means— (a) for the Supreme Court—the registry of the
court at Brisbane, Rockhampton, Townsville or Cairns; or
(b) for the District
Court—the registry of the court at Brisbane, Rockhampton, Townsville or
Cairns; or
(c) for a Magistrates Court—the registry of a Magistrates Court
in the central division of the Brisbane District, or at Rockhampton,
Townsville or Cairns.
"certificate of account assessment" , for chapter 15 , parts 10 and 11 , see
rule 644 .
"certificate of assessment" , for chapter 17A , see rule 679 .
"certificate of service" , for chapter 4 , part 7 , division 3 , see rule 130A
.
"certifying authority" , for chapter 4 , part 7 , division 3 , see rule 130A .
"civil proceeding" , for chapter 4 , part 7 , division 3 , see rule 130A .
"claim" — 1 A
"claim" is a document under chapter 2 , part 3 starting a proceeding.
2 If
the court orders a proceeding started by application to continue as a claim,
the application is also a
"claim" for these rules.
"claimant" , for chapter 21 , see rule 948 .
"client" , for chapter 17A , see rule 679 .
"code of conduct" — (a) for chapter 11 , part 5 —see rule 425 ; or
(b)
for chapter 11 , part 6 —see rule 429VB .
"commission" , for chapter 15 , parts 10 and 11 , see rule 644 .
"Commonwealth Act" , for chapter 20A , see rule 947A .
"conciliation certificate" , for chapter 13 , part 9 , division 2A , see
rule 522B .
"condition" ...
"conduct money" means a sum of money or its equivalent that is sufficient to
meet a reasonable estimate of the following allowances under the
Uniform Civil Procedure (Fees) Regulation 2019 , part 3 , division 2 — (a)
an accommodation allowance;
(b) a travelling allowance.
"contested proceeding" , for chapter 15 , part 8 , see rule 629 .
"costs assessment" see rule 679 .
"costs assessor" — (a) for chapter 15 , parts 10 and 11 , see rule 644 ; or
(b) for chapter 17A , see rule 679 .
"costs of the proceeding" , for chapter 17A , see rule 679 .
"costs statement" see rule 679 .
"court-appointed expert" , for chapter 11 , part 5 , see rule 429R (1) .
"decision without an oral hearing" , for chapter 13 , part 6 , see rule 487 .
"de facto spouse" ...
"defence" includes an answer to counterclaim.
"defendant" includes— (a) a person who is served with a counterclaim; or
(b) a person who is served with a notice claiming a contribution or indemnity;
or
(c) a third, fourth or subsequent party; or
(d) for chapter 4 , part 7 ,
division 3 , see rule 130A ; or
(e) for chapter 14 , part 2 , see rule 544 .
"district" — (a) for the Supreme Court—see the
Supreme Court of Queensland Act 1991 , section 57 ; or
(b) for the District
Court—see the District Court of Queensland Act 1967 ; or
(c) for a
Magistrates Court—see the Magistrates Courts Act 1921 .
"district registry" ...
"document" , for chapter 7 , part 1 , see rule 208B .
"document filed in a proceeding" , for chapter 22 , part 1 , division 6 , see
rule 975G .
"earnings" , for chapter 19 , see rule 793 .
"electronically" means by electronic or computer-based means.
"electronically file" ...
"electronic document" ...
"electronic enforcement hearings summons" , for chapter 22 , part 1 , division
4 , see rule 975B .
"electronic enforcement warrant" ...
"electronic judgment" ...
"employer" , for chapter 19 , see rule 793 .
"employment claim" , for chapter 13 , part 9 , division 2A , see rule 522B .
"end of trial enforcement hearing" , for chapter 19 , part 2 , see rule 805 .
"enforceable money order" , for chapter 19 , see rule 793 .
"enforcement creditor" — (a) for chapters 19 and 22, see rule 793 ; or
(b)
for chapter 21 , see rule 948 .
"enforcement debtor" , for chapters 19 and 22, see rule 793 .
"enforcement officer" ...
"enforcement warrant" — (a) for chapter 19 , see rule 793 ; or
(b) for
chapter 20 , see rule 890 ; or
(c) for chapter 21 , see rule 948 .
"enforcement warrant for regular redirection" , for chapter 19 , part 5 ,
division 2 , see rule 848 .
"estate" — (a) for chapter 15 generally, see rule 596 ; and
(b) for chapter
15 , parts 10 and 11 , see rule 644 .
"estate account" , for chapter 15 , parts 10 and 11 , see rule 644 .
"exempt property" ...
"expert" , for chapter 11 , part 5 , see rule 425 .
"foreign grant" , for chapter 15 , part 5 , see rule 615 .
"foreign judicial document" , for chapter 4 , part 7 , division 3 , see
rule 130A .
"forwarding authority" , for chapter 4 , part 7 , division 3 , see rule 130A .
"fourth person" , for chapter 19 , part 5 , division 2 , see rule 847 (1) (b)
.
"grant" — (a) for chapter 15 generally, see rule 596 ; and
(b) for chapter
15 , part 7 , see rule 623 .
"Hague Convention" , for chapter 4 , part 7 , division 3 , see rule 130A .
"Hague Convention country" see rule 130A .
"identity" , of a prospective defendant, for chapter 7 , part 1 , see
rule 208B .
"imaged document" , for chapter 22 , part 1 , see rule 959A .
"initiating process" , for chapter 4 , part 7 , division 3 , see rule 130A .
"instalment order" , for chapter 19 , see rule 868 (1) .
"interest" , in a managed investment scheme, see the Corporations Act ,
section 9 .
"interpret" , for chapter 11 , part 6 , see rule 429VB .
"interpleader order" , for chapter 21 , see rule 948 .
"inventory" , for chapter 15 , parts 10 and 11 , see rule 644 .
"issued" ...
"itemised bill" , for chapter 17A , see rule 679 .
"joint report" , for chapter 11 , part 5 , see rule 428 (1) (b) .
"judgment" — (a) for chapter 16 , see rule 659 ; and
(b) for chapter 20A ,
see rule 947A .
"judgment creditor" , for chapter 20A , see rule 947A .
"judgment debtor" , for chapter 20A , see rule 947A .
"jurat" see rule 432 (3) and (5) .
"land" , for chapter 8 , part 4 , see rule 275 .
"limitation period" means a limitation period under the
Limitation of Actions Act 1974 .
"local judicial document" , for chapter 4 , part 7 , division 3 , see
rule 130A .
"minor claim" — (a) means a claim for an amount, including interest, of not
more than $25,000, whether as a balance or after an admitted set-off,
reduction by any amount paid by or credited to the defendant, abandonment of
any excess, or otherwise; but
(b) does not include a claim for a liquidated
demand mentioned in the QCAT Act , schedule 3 , definition minor civil dispute
, paragraph 1(a).
"minor debt claim" ...
"money order" ...
"non-money order" ...
"notice to support a caveat" , for chapter 15 , part 7 , see rule 623 .
"oath" see the Acts Interpretation Act 1954 , schedule 1 .
"offer" , for chapter 9 , part 5 , see rule 352 .
"offer to settle" ...
"officer" , of a corporation, includes a former officer of the corporation.
"order" , except for chapter 8 , part 2 , division 2 , includes a judgment,
direction, decision or determination of a court whether final or otherwise.
"order debt" , for chapters 19 and 22, see rule 793 .
"other language" , for chapter 11 , part 6 , see rule 429VB .
"part 2 order" , for chapter 8 , part 2 , see rule 255A .
"partner" , for chapter 19 , see rule 793 .
"partnership" see the Partnership Act 1891 .
"party" — (a) for chapter 15 , parts 10 and 11 , see rule 644 ; and
(b) for
chapter 17A , see rule 679 .
"person under a legal incapacity" ...
"person with impaired capacity" ...
"physical document" , for chapter 22 , part 1 , see rule 959A .
"plaintiff" includes a party who files— (a) a counterclaim; or
(b) a third
party notice or a notice joining a fourth or subsequent party; or
(c) a
notice claiming a contribution or indemnity.
"pleading" means— (a) for a plaintiff—a concise statement in a claim of
the material facts on which the plaintiff relies; or
(b) for a
defendant—the defence stated in a notice of intention to defend or a
defence;
and includes a joinder of issue and an affidavit ordered to stand as
a pleading.
"prescribed interest" ...
"principal registrar" — (a) of a Magistrates Court—means the principal
clerk of courts appointed under the Justices Act 1886 , section 22D (1) ; or
(b) of the District Court—means the principal registrar of the District
Court appointed under the District Court of Queensland Act 1967 , section 36
(1) ; or
(c) of the Supreme Court—means the principal registrar of the
Supreme Court appointed under the Supreme Court of Queensland Act 1991 ,
section 69 (1) .
"proceeding" , for chapter 9 , part 5 , see rule 352 .
"property" , for chapter 21 , see rule 948 .
"prospective defendant" , in relation to an applicant, for chapter 7 , part 1
, see rule 208B .
"public trustee" , for chapter 15 , see rule 596 .
"question" , for chapter 13 , part 5 , see rule 482 .
"recognised agency" , for chapter 11 , part 6 , see rule 429VB .
"referee’s report" see rule 501 (1) (b) .
"referred dispute" , for chapter 9 , part 4 , see rule 313 .
"registrar" — (a) for chapter 4 , part 7 , division 3 , see rule 130A ; and
(b) for chapter 9 , part 4 , see rule 313 ; and
(c) for chapter 13 , part 9 ,
division 2A , see rule 522B ; and
(d) for schedules 1 and 2 , means— (i) an
assessing registrar within the meaning of rule 679 ; or
(ii) a costs assessor
appointed under rule 743L ; and
(e) otherwise, for a court, includes a deputy
registrar of the court or person other than the registrar who discharges the
duties and performs the functions conferred on the registrar under these
rules.
"regular debt" , for chapter 19 , part 5 , division 2 , see rule 848 (3) .
"regular deposit" , for chapter 19 , part 5 , division 2 , see rule 847 (1)
(b) .
"relevant application" , for chapter 12 , see rule 449 .
"relevant court" , for chapter 17A , part 4 , see rule 743 .
"report" , for chapter 11 , part 5 , see rule 425 .
"request for service abroad" , for chapter 4 , part 7 , division 3 , see
rule 130A .
"request for service in Queensland" , for chapter 4 , part 7 , division 3 ,
see rule 130A .
"respondent" — (a) for chapter 14 , part 5 , see rule 586 ; or
(b) for
chapter 20 , part 7 , see rule 921 .
"review application" , for chapter 14 , part 4 , see rule 564 .
"script" , for chapter 15 , part 8 , see rule 629 .
"sealed copy" means a copy stamped with the seal of the court.
"seize" , for real property, includes seize under rule 828 (5) .
"senior judicial officer" ...
"service provider" , for chapter 22 , part 1 , see rule 959B .
"set aside" means— (a) for a document—the document can not be relied on in
a proceeding; or
(b) for anything else—the thing stops having effect.
"sight translate" , for chapter 11 , part 6 , see rule 429VB .
"sign" , a document, for chapter 11 , part 7 , see rule 429W .
"simplified procedures" for Magistrates Courts, see rule 515 (1) .
"spouse" , for chapter 15 , see rule 596 .
"stakeholder" , for chapter 21 , see rule 948 .
"stamp" , in relation to a court seal, includes electronically stamp.
"subpoena for production" means a subpoena for the person specified to produce
a document or thing.
"subpoena for production and to give evidence" means a subpoena for the person
specified to produce a document or thing and give evidence.
"subpoena to give evidence" means a subpoena for the person specified to give
evidence.
"swear" see the Acts Interpretation Act 1954 , schedule 1 .
"the Act" , for chapter 13 , part 9 , division 2A , see rule 522B .
"the Act" , for chapter 14 , part 4 , see rule 564 .
"the court" — (a) for chapter 20A , part 2 , see rule 947C ; and
(b)
otherwise, see rule 3 (2) .
"third person" — (a) for chapter 19 generally, see rule 793 ; or
(b) for
chapter 19 , part 5 , division 2 , see rule 847 (1) (a) .
"translate" , for chapter 11 , part 6 , see rule 429VB .
"trustee" — (a) for chapter 15 , parts 10 and 11 , see rule 644 ; or
(b)
for chapter 17A , see rule 679 .
"whereabouts" , of a prospective defendant, for chapter 7 , part 1 , see
rule 208B .
"will" , for chapter 15 , see rule 596 .
"witness" , an affidavit, for chapter 11 , part 7 , see rule 429W .
"writ of habeas corpus" , for chapter 14 , part 5 , see rule 586 .
"wrongful death proceeding" means a proceeding under the
Civil Proceedings Act 2011 , part 10 .
"young person" ...
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