Queensland Court Jurisdiction

• Here are your study notes.

Jurisdiction

• District Court of Queensland Act 1967: has a monetary jurisdiction of $750,000, calculation excludes interest, see s 68(2)
• The District Court handles all personal actions, including equitable claims, debts, damages or compensation under Act s 68(1)(a).
• Various actions in rem, including specific performance of agreement for land sale, Property Law Act, and deceased estate administration also falls under District Court jurisdiction, as per s 68(1)(b)
• Magistrates Court Act 1921: has a monetary limit of $150,000 as per s 2.
• Magistrates Court: may determine all relevant actions in a summary way, see s 4
• Magistrates Court: handles personal actions, actions to recover sums, equitable claims, and demands, see s 4.
• Federal Court Act 1976 has original jurisdiction as vested by statute, per s 19 Judiciary Act 1903, s 29B(1A)(c) gives the Court jurisdiction in any matter arising under any law by the Parliament.
• The determination of a single judge versus a bench is determined by s 20.
• Powers of the courts: includes all powers and authorities of the Supreme Court, up to the monetary limit: s 69(1).
• Powers of courts: Includes declarations, injunctions, and stays, see s 69(2).
• Powers of the courts: extends to Mareva injunctions and Anton Piller orders: s 69(3).
• The Magistrate's Court: cannot grant injunctions or declarations, as equitable relief is limited to the recovery of money or delivery of possession, see s 4(1)(c)
• The Federal Court: can make orders and issue writs as the Court deems appropriate, see s 23.
• The Federal Court: handles legal and equitable relief, see s 22.
• Federal court: may grant summary judgment per s 31A.
• The Federal Court: handles declarations as detailed in s 21.
• The Federal Court: may address civil matters on papers in certain cases: s 20A.
• The Federal Circuit Court Act 1999: has original jurisdiction is as vested by express provision of statute or application of s 15C of the Acts Interpretation Act: s 10(1), FCCA.
• The associated matters are outlined in s 18, FCCA.
• Original jurisdiction includes hearing appeals as vested: s 10(2), FCCA.
• Commonwealth tenancy disputes are covered under ss 10(1A), 10AA.
• Acts Interpretation Act 1901, s 15C states: provisions authorizing proceedings in a specific court shall be deemed as also vesting jurisdiction in that court.
• The Federal Circuit Court: may grant summary judgment, excluding Family Law Act matters, as detailed in s 17A, FCCA.

Court Rules

• The purpose of the court rules is to facilitate the just and expeditious resolution of real issues in civil proceedings with minimal expense, see r 5, UCPR.
• Courts must apply the rules to avoid undue delay, expense, and technicality, while advancing the overarching purpose: r 5(2), UCPR.
• Parties implicitly agree to proceed expeditiously, sanctionable by the Court for non-compliance, such as with costs: rr 5(3)-(4), UCPR.

Examples of court rules

• Nguyen v Pham & Nguyen Pty Ltd shows application to adjourn refused due to delay and r 5.
• Jones v Millward shows an offer to settle for the whole amount claimed is not a real offer for Calderbank purposes etc.
• Sali v SPC Ltd shows VCA refused an appeal adjournment, holding that a busy court judge can consider the effect of adjourning on court resources and other litigants' competing claims
• The overarching aim of the Federal civil practice and procedure provisions: is to resolve disputes justly, quickly, inexpensively, and efficiently, per s 37M, FCA.
• Court rules: must be applied, and powers exercised to promote the overarching purpose: s 37M(3), FCA.
• All, including parties and lawyers, must comply with overarching purpose, and may face costs consequences: s 37N, FCA.
• Each legal case: must be decided on its individual facts as in Transpacific Pty Ltd.
• Optical 88 Ltd v Optical 88 Pt Ltd: shows leave to withdraw an admission refused because it would contravene s 37M.
• Chan v Harris (No 2): shows an adjournment application refused due to non-furtherance of s 37M's overarching purpose.

Guiding Principles

• Parties seeking leave to amend, etc: generally provide reasons for delay as in Aon Risk; and Cement Australia shows that counsel evidence is sometimes acceptable
• The Court's discretion in matters such as leave to amend is guided by case management principles: Aon Risk Services v ANU.
• Courts should consider more than just easily compensated prejudice, also weighing impacts of delay on both persons involved, public confidence, and court resources: Aon Risk.
• Case management principles need to adapt to each situation rather than being rigidly applied: Aon Risk; and Cement Australia consider factors like the nature/importance of needed amendments.

Key Considerations

• Assess whether the delay was intentional or due to error as seen in: Cement Australia for error and Aon Risk for deliberate decision.
• Examine how much amendments deviate from the party's current case, as well as requirements to re-examine previous steps per: Cement Australia showed limited changes with Aon Risk showing major case changes needing litigation restart.
• Reflect on the current stage of proceedings relative to start per Aon Risk.

Court Powers

• Queensland court: has authority to issue orders/directions about managing proceedings appropriately as well issue orders beyond regular UCPR rules as per: r 367 UCPR.
• Queensland court: Judge has powers to direct single judge to hear all applications or legal steps to ensure efficiency as per r 368.
• The Federal Court: maintains authority to direct how to conduct/ manage trials and related proceeding steps and issues outlined within: r 5.04, FCR.
• Federal and Queensland Court: have scope re: who pays fees and who provides legal cover under which lawyers are protected listed at point 3N, FCA.

Rule Breaches

• Courts may impose sanctions for failures to comply outlined in purposes of: r 5(4), UCPR.
• Court maintains control over specific case lists.
• Failure within code of rules means irregularity.
• Qld court may provide orders to help correct failure of rules, but if not followed court may order judgments/ or potentially issue punishments for failure of processes as listed with rule 379, UCPR.
• If waiting proceeds defendant may apply to dismiss matter which, if it goes through steps needed will be considered by court to start actions listed with rule 389UCPR.
• Federal law includes how certain things may not comply with previous rules, depending on type of case as per outlined direction/ examples 37p Federal act.

Queensland Supreme Court

• The main goal of oversight is to improve efficiency of Court time while ensuring parties prep cases in efficient ways.
• List for cases where trial estimates above or at trial of complexity needs are seen through case manager through judge to guide reviews and have better control of how documents are handled, mediation efforts, and any pre trial needs.

Starting and Ending Proceedings

• A claim or application may start or end depending on appeal or needed direction in line with: 8, UCPR.
• Process may change if wrong format/ form was used with code guidelines 13 ,14 UCPR for Qld based direction.

Starting and Ending Proceedings - Claims and Applications

• Applications may not apply to have summary judgments.
• Evidence means orally and can be supported with affidavit through: 389 of UCPR guidelines.
• UCPR sets requirements unless other guides are needed.
• Time expectations can dictate court input.

Federal Court Protocol

• Starting applications through forms/ requirements may be supported by: r 8.01 Federal code rules. and may benefit when supported by claims and related documents.

Queensland

• To properly claim, provide evidence related as per code 11/ upcr, with legal representation and documents to cover application needs.
• For application must provide time-based affidavits.
• For action must include supporting items. Time is allocated for action must comply with sections 27/28 within the document.

Federal

• Include affidavits or similar documents vs SOC, in case 805(2) Federal code guides; when necessary follow standards and exclude other sections ( r 802 fcr).

Ending Proceedings.

• Court may dismiss action as described through the law/ time codes: r 289.

Interlocutory Applications

• Court may see process involving time is followed appropriately or the issue can be considered interjectory - described within: Johnson Titles v Esso Australia.
• Must follow approved format with needed signatures which if not in order can apply with codes 31 or/ 32 or/ 390 for Queensland actions.
• Duty if handled ex parte is to provide disclosure in full.