Queensland Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 1999 - REG 515

515 Simplified procedures

(1) The following procedures are the
"simplified procedures" —

(a) except to the extent necessary to comply with chapter 14 , part 2 , a party is not required to disclose to another party a document in the possession or under the control of the party and directly relevant to an allegation in issue in a proceeding, unless the court otherwise orders;

(b) all parties must have all relevant documents available at the hearing;

(c) if ordered by the court, or agreed in writing by the parties, a party must not appear by—

(i) a lawyer; or

(ii) a person who has a legal qualification under the laws of this or another State; or

(iii) a person who is of the nature of a professional advocate;

Note—

See also the Magistrates Courts Act 1921 , section 18 .

(d) the court—

(i) is not bound by laws of evidence or procedure applying to a proceeding in the court; and

(ii) may inform itself of the facts in any way it considers appropriate; and

(iii) must observe the rules of natural justice; and

(iv) must record the reasons for its decision.

(2) Before making an order mentioned in subrule (1) (c) , the court must consider the following matters—

(a) the difficulty of any question of law or fact raised or likely to be raised in the proceeding;

(b) any prejudice likely to be caused to a party by the presence or absence of the representative;

(c) whether, under a contract of insurance, a party’s rights in relation to the claim have been subrogated to an insurer;

(d) whether the order is fair and equitable to the parties.

(3) An agreement mentioned in subrule (1) (c) must be filed.