Two new practice directions apply in the Queensland Magistrates Court from 8 April 2024. Practice Direction No. 5 of 2024 establishes a new procedure for applications, and Practice Direction No. 4 of 2024 requires electronic filing in the Brisbane Magistrates Court District – Central Division.
Practice Direction 2024/05 sets out the procedure for all applications. It includes requirements for consent orders before a return date, which are additional to the procedure under r 666 UCPR.
Chapter 22 Part 1 Division 4 of the UCPR 1999 regulates electronic filing in the Magistrates Court. Practice Direction 2024/4 requires that legal practitioners must submit all documents for filing electronically in some registries unless it is impracticable to do so.
To access eLodgement, practitioners need to contact CITEC Confirm to obtain a login.
The following documents are approved by the Principal Register to be filed electronically where the proceedings were commenced by claim that was electronically filed:
- Claim (Form 2)
- Application (Form 9)
- Statement of Claim (Form 16)
- Request for default judgment (Form 25)
- Default judgment (Form 26)
- Affidavit (Form 46)
- Enforcement Hearing Summons (Form 70)
When applications are filed, par 3 of Practice Direction 2024/05 requires that the time estimates given by practitioners to the registry must include time for the Magistrate to read the material during the hearing, hear submissions from all parties, and deliver ex tempore reasons. If a party has engaged counsel at the time the application is filed, counsel must give the time estimate.
The By Lawyers Magistrates Court – Civil (QLD) Acting for the Plaintiff and Acting for the Defendant guides have been updated with links and commentary on the new practice directions.