In Queensland, “where” you lodge a Claim and Statement of Claim is dictated by the Uniform Civil Procedure Rules 2001 (“UCPR”).
Queensland has three different categories of Courts, which are essentially organised in terms of the matter types which each decide, as well as the level of dollar value to be considered:
1. In the Magistrates Court for amounts up to $150,000.00;
2. In the District Court for amounts from $150,000 – $750,000.00; and
3. In the Supreme Court for an unlimited amount.
Once we determine the category of Court, we then need to decide which Registry in which to lodge your matter. Unfortunately, the decision as to which Registry is chosen, does not necessarily have any correlation to your location. The Claim and Statement of Claim should filed be in the Registry closest to one of the following:
1. The Defendant’s location; or
2. The location in which the incident or contract giving rise to the Claim took place.
Selecting a more convenient “Registry” for you, may result in an Order for Costs against you if the Defendant successfully argues you have not complied with the Rules, with the inevitable change of venue for the proceedings. Therefore, to avoid this expense, we strictly comply with the Rules in selecting the Registry.
The “Registry” grounds the location of your proceedings for the balance of the case. For instance, if you have to attend Court, you will attend the Court associated with the Registry. There are exceptions to this, and on occasion you can attend by telephone, but largely your case is tied to that Registry location.
A copy of the Claim must be served on each Defendant, each of which has 28 days from the day of service to file a defence or attend to the matter (such as payment of the debt). (Please see our Articles for discussions on Service.)
If the Claim is disputed or a Defence is filed, a copy of must be served on you. You are then provided 14 days to lodge a Reply.
If the Claim is paid in full or you no longer wish to proceed, a Notice of Discontinuance should be filed with the Court. Alternatively, if no Defence is lodged (or alternative satisfaction of your Claim made), then you may opt to lodge a Default Judgment.
If you have any questions or enquiries about lodging a Claim in Queensland, we welcome you to contact our offices on (07) 5574 3560 or email info@nautiluslaw.com.au. We thank you for considering Nautilus Law Group.
Submitted by: Nautilus Law Group
