Queensland Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 1999 - REG 286

286 Judgment by default—recovery of possession of land

(1) This rule applies if the plaintiff’s claim for relief against a defendant in default is for the recovery of possession of land only.

(2) The plaintiff may file a request for a judgment for—

(a) recovery of possession of the land as against the defendant; and

(b) the following costs—

(i) costs for issuing the claim;

(ii) costs for obtaining judgment;

(iii) any other fees and payments, to the extent they have been reasonably incurred and paid.

(3) If the plaintiff files a request for judgment under subrule (2) , the court, as constituted by a registrar, may give judgment.

(4) However, the plaintiff is not entitled to the judgment if the plaintiff’s claim is for delivery of possession under a mortgage.

(5) If the court as constituted by a registrar is considering whether to give judgment, the registrar is not required to consider the merits of the plaintiff’s claim against the defendant.

Note—

Under rule 982 , the matter could be referred to a judge or magistrate for disposal, or for consideration and referral back, if the circumstances set out in that rule apply.