Civil Law Assignment: Queensland Civil Court Processes Analysis

This assignment analyzes civil court procedures within the Queensland legal system, addressing key aspects such as court selection based on claim value, specifically focusing on a $35,000 claim and the appropriate court (Magistrates Court). It details the civil process, including commencing proceedings, time limitations for filing and serving pleadings (claim, notice of intention to defend, defense, counterclaim, and reply) according to the Uniform Civil Procedure Rules 1999. The assignment further explores the discovery process, explaining how documents and information are obtained. It differentiates between mediation, arbitration, and case appraisal, and discusses circumstances where a matter might not be referred to Alternative Dispute Resolution (ADR). Finally, it identifies and explains the roles of court personnel involved in civil proceedings, including judges, judge's associates, and bailiffs.

Running head: CIVIL LAW
CIVIL LAW
Name of the Student
Name of the University
Author’s Note

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To
Jimmy Smith
In response to the questions regarding the involved civil court proceedings the following
issues need to keep in mind:
1. Determine which court in your state would an action be brought where the monetary
value of the claim was $35,000.00?
A various range of courts are present there in the structure of courts in Queensland which
also includes the Magistrate Courts, the District Courts and the Supreme Court. The Magistrate
Courts have the power of hearing the cases in over 138 locations of the state, and the District
Courts and the Supreme Court sits in 38 and 11 locations respectively (www.courts.qld.gov.au,
2019). According to Rule 3 (1) of the Uniform Civil Procedure Rules 1999, the civil
proceedings can be brought in the Magistrate Courts, the District courts and the Supreme Court.
However, in this scenario, the civil suit which claims a monetary value of $35,000 needs to be
filed in the Magistrate Court.
2. Analyse the civil process in your state to commence proceedings as well as all time
limitations for the filing and service of all pleadings including the claim/application,
notice of intention to defend, defence and/or counterclaim and reply.
Part 1 of the Uniform Civil Procedure Rules 1999, provides the rules in relation to the
commencing of any civil proceeding. Rule 8 (1) of the Uniform Civil Procedure Rules 1999,
states that a proceeding can be started only when the court issues the process of originating. As
provided by Rule 8 (2) of the Uniform Civil Procedure Rules 1999, certain types of the
processes are regarded as the originating processes which are, application, claim, notice of

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appeal and notice of appeal subjecting to leave. Rule 19 of the Uniform Civil Procedure Rules
1999 lays down the provision which states that the applicant or the plaintiff or the solicitor of the
person needs to sign the process of originating. According to Rule 20 of the Uniform Civil
Procedure Rules 1999 one originating process’s copy need to be filed by the applicant or the
plaintiff in the court which the court needs to keep with it. Rule 22 of the Uniform Civil
Procedure Rules 1999 lays down the provision stating the claim needs to be in an approved
form 2. It further states that the plaintiff needs to briefly state in the proceeding the claim’s
nature or the relief sought; attachment of claim statement; statement stating the Magistrate Court
or the District Court concerned having the jurisdiction; the claim along with the attachment
needs to be served to each of the defendant. Rule 23 of the Uniform Civil Procedure Rules
1999 lays down a provision which states that a notice of intention to defend must be included in
the statement and filed within a time of 28 days starting from the day of service of the claim as
per Rule 137 of the Uniform Civil Procedure Rules 1999. Any default judgment might be
obtained by failing to so such. Rule 24 of the Uniform Civil Procedure Rules 1999 provides
the rule for the claim’s Duration and renewal. Rule 149 of the Uniform Civil Procedure Rules
1999 states the provisions regarding pleadings whereas Rule 150 of the Uniform Civil
Procedure Rules 1999 states the provisions regarding the matters which are to be pleaded
specifically.
3. Analyse and explain the discovery process in your jurisdiction including how documents
and information are obtained from both sides?
Rule 17 of the Uniform Civil Procedure Rules 1999 lays down the provision regarding the
contact and address details for the service of notice. It states that the applicant or plaintiff needs
to give the business or residential address of the applicant or plaintiff; in case of the applicant or

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plaintiff not being a resident of Queensland, then, any other address needs to be provided by him
for the service of the documents; the applicant or plaintiff’s telephone number or any other
telephone number by which he can be contacted and the fax
The mediation and arbitration almost have the same kind of goal which is to resolve the
issues fairly but there are certain differences, which are, in case of arbitration, decisions are made
after hearing the evidence like a court proceeding; whereas in case of mediation negotiation is
made with a third party’s assistance. Another difference between them is that no orders are
issued or determinations are made by the mediators but in arbitration the arbitrators are given
some legal powers and the decisions are legally binding upon the parties. The main difference
between the mediation and case appraisal is that the mediators perform impartiality and help the
parties for coming to an agreement by themselves. Whereas, in terms of case appraisal the each
party’s case merits are assessed and thereafter decisions are made by the case appraisers
(www.courts.qld.gov.au, 2019).
The parties are encouraged of using Alternate Dispute Resolution method by the courts of
the Queensland for resolving their disputes and for reaching an agreement by themselves.by
which they are allowed from saving their time, expenses and trial conflicts. The parties can
organize their own private process of dispute resolution or they may use the available ADR
process for the civil matters in the District Courts or the Supreme Court (www.courts.qld.gov.au,
2019).
In order to enter into an ADR process a referral needs to be made by the court. Under Rule
320 of the Uniform Civil Procedure Rules 1999 a referral can be made either if the parties
make application or if such proceeding is before the court otherwise.

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4. Justify the circumstances a matter would not be referred to the ADR process?
Rule 320 of the Uniform Civil Procedure Rules 1999 lays down the provision regarding
the giving of notice to the registrar for the ADR process proposed reference. It states that an
objection notice may be filled against the reference by the parties. The notice of objection should
state reasons of the party’s objection to such referral and must need to be filed within a time of 7
days after receiving the notice of referral by the party objecting. The parties would be required to
attend before the court after the filling of the notice of objection on a date fixed by the court and
if the court considers the objection appropriate after hearing then an order may be made for the
non-referral of the ADR process by the court.
5. Analyse and discuss the court personnel that would be involved in civil proceedings.
Identify at least three and explain.
Generally there are the following court personnel in a court at the Queensland, who are,
 The judges: There must need to judges in a courtroom which could even be more
than one depending on the gravity of the matter. They have the power of sitting in
the highest bench and would control the court room and hearing, and would finally
make decision or order after listening all the evidences.
 Judge’s associate: There may be associates for the judges. Generally there are one
associate for each judge. They use to sit in front of the judges and provide all type of
assistance of clerical nature to court.
 There are also bailiffs or the staffs of the court who perform certain duties given to
them (www.courts.qld.gov.au, 2019).

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Reference
Uniform Civil Procedure Rules 1999
www.courts.qld.gov.au (2019). Alternative dispute resolution. [online] Courts.qld.gov.au.
Available at: https://www.courts.qld.gov.au/going-to-court/alternative-dispute-resolution
[Accessed 5 Aug. 2019]
www.courts.qld.gov.au (2019). Case appraisal. [online] Courts.qld.gov.au. Available at:
https://www.courts.qld.gov.au/going-to-court/alternative-dispute-resolution/case-appraisal
[Accessed 5 Aug. 2019]
www.courts.qld.gov.au (2019). Courts. [online] Courts.qld.gov.au. Available at:
https://www.courts.qld.gov.au/courts [Accessed 5 Aug. 2019]
www.courts.qld.gov.au (2019). People in the courtroom. [online] Courts.qld.gov.au. Available
at: https://www.courts.qld.gov.au/courts/court-of-appeal/the-appeal-process/people-in-the-
courtroom [Accessed 5 Aug. 2019]