Queensland Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 1999 - REG 144

144 Conditional notice of intention to defend

(1) This rule does not apply to a defendant objecting to the starting of a proceeding in a district of a court other than in accordance with rule 35 .

Note—

See rule 38 for objections to the starting of a proceeding other than in the correct district.

(2) A defendant who proposes to challenge the jurisdiction of the court or to assert an irregularity must file a conditional notice of intention to defend.

(3) Rule 139 (1) (b) does not apply to a conditional notice of intention to defend.

(4) If a defendant files a conditional notice of intention to defend, the defendant must apply for an order under rule 16 within 14 days after filing the notice.

(5) The conditional notice of intention to defend becomes an unconditional notice of intention to defend if—

(a) the defendant does not apply for an order under rule 16 within the 14 days; or

(b) for a defendant who applies for an order under rule 16 within the 14 days—the application is determined and the order is not made.

(6) Within 7 days after a conditional notice of defence becomes an unconditional notice of intention to defend, the defendant must file a defence.

(7) A defendant who files an unconditional notice of intention to defend is taken to have submitted to the jurisdiction of the court and waived any irregularity in the proceeding.