Small Claims Tribunals Regulation 2005

Queensland Small Claims Tribunals Act 1973 Small Claims Tribunals Regulation 2005 Reprinted as in force on 1 September 2009 Reprint No. 2B This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy NOT FURTHER AMENDED LAST REPRINT BEFORE REPEAL See 2009 Act No. 23 s 243

Information about this reprint This regulation is reprinted as at 1 September 2009. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Also see list of legislation for any uncommenced amendments. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints. Spelling The spelling of certain words or phrases may be inconsistent in this reprint or with other reprints because of changes made in various editions of the Macquarie Dictionary (for example, in the dictionary, ‘lodgement’ has replaced ‘lodgment’). Variations of spelling will be updated in the next authorised reprint. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, authorised (that is, hard copy) and unauthorised (that is, electronic), are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If an authorised reprint is dated earlier than an unauthorised version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of an authorised reprint is the same as the date shown for an unauthorised version previously published, it merely means that the unauthorised version was published before the authorised version. Also, any revised edition of the previously published unauthorised version will have the same date as that version. Replacement reprint date If the date of an authorised reprint is the same as the date shown on another authorised reprint it means that one is the replacement of the other.

Queensland Small Claims Tribunals Regulation 2005 Contents Part 1 1 2 Part 2 3 4 5 Part 3 6 7 8 9 10 Part 4 11 Schedule Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Fees and forms Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 No filing fee for State-related claimant . . . . . . . . . . . . . . . . . . . . . 4 Provisions for examinations Service of order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Adjournment of examination. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Warrant. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Enforcement of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Duties of bailiff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Repeal Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Endnotes 1 2 3 4 5 6 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 8 8 9 9 10

Small Claims Tribunals Regulation 2005 Part 1 Preliminary [s 1] Small Claims Tribunals Regulation 2005 [as amended by all amendments that commenced on or before 1 September 2009] Part 1 Preliminary 1 Short title This regulation may be cited as the Small Claims Tribunals Regulation 2005 . 2 Definitions In this regulation— examination means an examination conducted under an order for examination. examinee means a person required to attend an examination and be examined under section 23A of the Act. order for examination means an order for attendance and examination made by a small claims tribunal under section 23A of the Act. Part 2 Fees and forms 3 Approval of forms The chief executive may approve a form— (a) for a purpose for which a prescribed form is required or authorised to be used under the Act; or Reprint 2B effective 1 September 2009 Page 3

Small Claims Tribunals Regulation 2005 Part 3 Provisions for examinations [s 4] (b) for use under this regulation, other than under section 8(1). 4 Fees The fees payable under the Act are stated in the schedule. 5 No filing fee for State-related claimant (1) A State-related claimant may file a claim in a registry without paying the filing fee for filing the claim. (2) This section applies despite section 4. (3) In this section— State-related claimant means— (a) the State or a person acting for the State; or (b) an entity, or a person acting for the entity, whose expenditure is entirely payable out of the consolidated fund. Part 3 Provisions for examinations 6 Service of order The registrar of the registry of small claims tribunals who issues an order for examination must ensure a copy of the order is served on the examinee at least 3 days before the day of the examination. 7 Adjournment of examination (1) A referee or registrar may adjourn an examination to a time and place that the referee or registrar considers appropriate. Page 4 Reprint 2B effective 1 September 2009

Small Claims Tribunals Regulation 2005 Part 3 Provisions for examinations [s 8] (2) If the applicant for an order for examination or the examinee is not present when an examination is adjourned, the referee or registrar must give the absent party a notice in the form approved by the chief executive. (3) The notice must state the time and place to which the examination is adjourned. 8 Warrant (1) If an examinee fails to attend an examination without reasonable excuse, the referee or registrar may issue a warrant for the arrest of the examinee. (2) The warrant must— (a) be in the form approved by the Attorney-General; and (b) require that the examinee— (i) be brought before a referee or registrar for examination; and (ii) produce all relevant books, deeds, papers or writings. 9 Enforcement of warrant (1) Until an examinee mentioned in a warrant issued under section 8 is brought before a referee or registrar to be orally examined as ordered, the examinee may, without further warrant— (a) be taken into custody by a police officer; and (b) be received by a person in charge of a prison. (2) In this section— prison has the meaning given by the Corrective Services Act 2000 . Editor’s note — Corrective Services Act 2000 —now see the Corrective Services Act 2006 , section 470. Reprint 2B effective 1 September 2009 Page 5

Small Claims Tribunals Regulation 2005 Part 4 Repeal [s 10] 10 Duties of bailiff (1) A bailiff must— (a) serve all copies of orders for examination and enforce all warrants as required by a referee or registrar; and (b) comply with any orders of the referee, or directions of the registrar, about the service or enforcement of documents. (2) The registrar may give directions, about the service or enforcement of documents, that the registrar considers appropriate. (3) A bailiff may receive and hold for the bailiff’s own use the fees stated in the Uniform Civil Procedure (Fees) Regulation 2009 , schedule 2, part 2 in relation to the following matters— (a) for serving, including attempting to serve, a copy of an order for examination within 12km of the registry; (b) for enforcing, including attempting to enforce, a warrant within 12km of the registry; (c) for each kilometre or part of a kilometre travelled, one way, more than 12km from the registry to the place of service or enforcement or attempted service or enforcement; (d) for taking a person to prison or a place of detention. (4) A bailiff must provide for the performance of a duty mentioned in subsection (3) from the fee received for performing the duty. Part 4 Repeal 11 Repeal The Small Claims Tribunals Regulation 1993 SL No. 385 is repealed. Page 6 Reprint 2B effective 1 September 2009

Schedule Fees Small Claims Tribunals Regulation 2005 Schedule section 4 1 Filing a small claim under section 24(1) of the Act— (a) if the claim is for an amount of— (i) less than $500 . . . . . . . . . . . . . . . . . . . . . . . . . . . (ii) $500 or more but less than $1500 . . . . . . . . . . . . (iii) $1500 or more . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) if the claim is other than for the payment of money . . 2 Application to a small claims tribunal under the Manufactured Homes (Residential Parks) Act 2003 , section 153(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Application to a small claims tribunal under a provision of the Dividing Fences Act 1953 mentioned in section 18 of that Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 14.50 49.00 80.00 14.50 71.00 71.00 Reprint 2B effective 1 September 2009 Page 7

Small Claims Tribunals Regulation 2005 Endnotes Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 1 September 2009. Future amendments of the Small Claims Tribunals Regulation 2005 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd num o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = numbered = order in council = omitted = original = page = paragraph = preceding = present = previous Page 8 Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No. [X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised edition = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered Reprint 2B effective 1 September 2009

Small Claims Tribunals Regulation 2005 Endnotes 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. Reprint No. 1 1A 1B 1C 1D 2 2A 2B Amendments included none 2005 SL No. 326 2006 SL No. 60 2006 SL No. 284 2007 SL No. 275 — 2008 SL No. 266 2009 SL No. 181 2009 SL No. 183 Effective 19 August 2005 19 December 2005 7 April 2006 27 November 2006 26 November 2007 26 November 2007 1 September 2008 1 September 2009 Notes R1D withdrawn, see R2 5 List of legislation Small Claims Tribunals Regulation 2005 SL No. 204 made by the Governor in Council on 18 August 2005 notfd gaz on 19 August 2005 pp 1380–1 commenced on date of notification exp 1 September 2015 (see SIA s 54) Note—The expiry date may have changed since this reprint was published. See the latest reprint of the SIR for any change. amending legislation— Justice and Other Legislation (Costs and Fees) Amendment Regulation (No. 1) 2005 SL No. 326 notfd gaz on 16 December 2005 pp 1490–6 ss 1–2 commenced on date of notification remaining provisions commenced 19 December 2005 (see s 2) Small Claims Tribunals and Other Legislation Amendment Regulation (No. 1) 2006 SL No. 60 pts 1, 3 notfd gaz 7 April 2006 pp 1376–8 commenced on date of notification Justice and Other Legislation (Fees) Amendment Regulation (No. 1) 2006 SL No. 284 notfd gaz 24 November 2006 pp 1476–9 ss 1–2 commenced on date of notification remaining provisions commenced 27 November 2006 (see s 2) Justice and Other Legislation (Fees) Amendment Regulation (No. 1) 2007 SL No. 275 notfd gaz 9 November 2007 pp 1355–7 Reprint 2B effective 1 September 2009 Page 9

Small Claims Tribunals Regulation 2005 Endnotes ss 1–2 commenced on date of notification remaining provisions commenced 26 November 2007 (see s 2) Justice and Other Legislation (Fees) Amendment Regulation (No. 1) 2008 SL No. 266 notfd gaz 22 August 2008 pp 2651–6 ss 1–2 commenced on date of notification remaining provisions commenced 1 September 2008 (see s 2) Justice Legislation (Fees) Amendment Regulation (No. 1) 2009 SL No. 181 notfd gaz 28 August 2009 pp 1491–6 ss 1–2 commenced on date of notification remaining provisions commenced 1 September 2009 (see s 2) Uniform Civil Procedure (Fees) Regulation 2009 SL No. 183 ss 1–2, pt 6 div 5 notfd gaz 28 August 2009 pp 1491–6 ss 1–2 commenced on date of notification remaining provisions commenced 1 September 2009 (see s 2) 6 List of annotations Service of order s 6 amd 2006 SL No. 60 s 5 Adjournment of examination s 7 amd 2006 SL No. 60 s 6 Warrant s 8 amd 2006 SL No. 60 s 7 Enforcement of warrant s 9 amd 2006 SL No. 60 s 8 Duties of bailiff s 10 amd 2009 SL No. 183 s 32 SCHEDULE—FEES sub 2005 SL No. 326 s 3 sch; 2006 SL No. 284 s 3 sch; 2007 SL No. 275 s 3 sch; 2008 SL No. 266 s 3 sch; 2009 SL No. 181 s 3 sch © State of Queensland 2009 Page 10 Reprint 2B effective 1 September 2009