Queensland Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 1999 - REG 38

38 Objection to venue

(1) This rule applies if a proceeding in a court is started other than in a central registry of the court.

(2) The defendant or respondent to the proceeding may object to the starting of the proceeding in a district of the court other than in accordance with rule 35 —

(a) by application to the court for an order dismissing the proceeding or transferring the proceeding to another place at which the court is held; and

(b) if the proceeding is started by claim—by including the objection in the defendant’s notice of intention to defend.

(3) If the defendant or respondent does not object in the way required under subrule (2) , the court can not, on its own initiative, decide that the proceeding should have been started at another place at which the court is held.

(4) If the proceeding is started by application, the application under subrule (2) (a) must be made returnable on or before the return date of the originating process.

(5) The court may make any of the following orders on an application under this rule—

(a) an order dismissing—

(i) the application; or

(ii) the proceeding;

(b) an order transferring the proceeding to another place at which the court is held.

(6) If the court makes an order under subrule (5) (a) (i) , the proceeding is taken to have been started in a district of the court in accordance with rule 35 .