Civil Proceedings (Transitional) Regulation 2012

Queensland Civil Proceedings Act 2011 Civil Proceedings (Transitional) Regulation 2012 Current as at 1 September 2012 NOTE—This is the last reprint before expiry. See 2011 No. 45 s 109(4)

Information about this reprint This regulation is reprinted as at 1 September 2012. This page is specific to this reprint. A table of reprints is included in the endnotes. Also see endnotes for information about when provisions commenced. Spelling The spelling of certain words or phrases may be inconsistent with other reprints because of changes made in various editions of the Macquarie Dictionary (for example, in the dictionary, ‘lodgement’ has replaced ‘lodgment’). 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 Civil Proceedings (Transitional) Regulation 2012 Contents Part 1 1 2 3 Part 2 4 5 6 7 8 9 10 11 Part 3 12 13 14 Part 4 15 16 17 18 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Declaration that regulation is a transitional regulation—Act, s 109 3 Provisions for transition of repealed Supreme Court Act 1995 Definitions for pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Return of process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Continuation of appointment as principal registrar . . . . . . . . . . . . 4 Continuation of appointment as judge’s associate . . . . . . . . . . . . 4 Continuation of appointment as registrar, deputy registrar or other officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Continuation of appointment as sheriff, deputy sheriff or bailiff . . 5 Continuation as central judge, northern judge or far northern judge 6 Application of Acts Interpretation Act 1954, s 20A . . . . . . . . . . . . 6 Provisions for transition of Supreme Court of Queensland Act 1991 Definitions for pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Continuation of delegations made before commencement . . . . . 7 ADR process started before commencement . . . . . . . . . . . . . . . 7 Provisions for transition of District Court of Queensland Act 1967 Definitions for pt 4 and schedule . . . . . . . . . . . . . . . . . . . . . . . . . 8 Return of process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Continuation of appointment as deputy registrar . . . . . . . . . . . . . 9 Payment of officers appointed to assist bailiff before commencement .................................. 9

Civil Proceedings (Transitional) Regulation 2012 Contents 19 20 21 22 Part 5 23 24 Schedule Subpoenas issued by registrar before commencement . . . . . . . . Transfer of proceedings—application made but not decided before commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ADR process started before commencement . . . . . . . . . . . . . . . Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Provisions for transition of Magistrates Courts Act 1921 Definitions for pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ADR process started before commencement . . . . . . . . . . . . . . . Transfer applications made under District Court of Queensland Act 1967 before commencement . . . . . . . . . . . . 10 10 11 11 12 12 14 Endnotes 1 2 3 4 5 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 15 15 16 16 Page 2

Civil Proceedings (Transitional) Regulation 2012 Part 1 Preliminary [s 1] Civil Proceedings (Transitional) Regulation 2012 [reprinted as in force on 1 September 2012] Part 1 Preliminary 1 Short title This regulation may be cited as the Civil Proceedings (Transitional) Regulation 2012 . 2 Commencement This regulation commences on 1 September 2012. 3 Declaration that regulation is a transitional regulation—Act, s 109 This regulation is a transitional regulation. Note — Under section 109(4) of the Civil Proceedings Act 2011 , this regulation expires on 1 September 2013. Part 2 Provisions for transition of repealed Supreme Court Act 1995 4 Definitions for pt 2 In this part— Current as at 1 September 2012 Page 3

Civil Proceedings (Transitional) Regulation 2012 Part 2 Provisions for transition of repealed Supreme Court Act 1995 [s 5] commencement means the day this section commences. court means the Supreme Court of Queensland. repealed Act means the repealed Supreme Court Act 1995 . 5 Return of process (1) This section applies to a process that— (a) is issued, before the commencement, out of a Supreme Court registry constituted under the repealed Act; and (b) is returnable on or after the commencement; and (c) has not been returned before the commencement. (2) On and from the commencement, the process is returnable in the office of the new registry located at the place where the registry mentioned in subsection (1)(a) was located. (3) In this section— new registry means the Supreme Court Registry established under the Supreme Court of Queensland Act 1991 , section 65. 6 Continuation of appointment as principal registrar (1) This section applies to a person who, immediately before the commencement, was appointed under the repealed Act, section 210(1) as a principal registrar. (2) On and from the commencement, the person is taken to be appointed under the Supreme Court of Queensland Act 1991 , section 69(1) as a principal registrar. 7 Continuation of appointment as judge’s associate (1) This section applies to a person who, immediately before the commencement, was appointed under the repealed Act, section 210(2) as an associate to a judge. (2) On and from the commencement, the person is taken to be appointed under the Supreme Court of Queensland Act 1991 , section 77 as an associate to the judge— Page 4 Current as at 1 September 2012

Civil Proceedings (Transitional) Regulation 2012 Part 2 Provisions for transition of repealed Supreme Court Act 1995 [s 8] (a) for the remainder of the term of the person’s appointment; and (b) on the same salary and conditions decided by the Governor in Council under the repealed Act, section 210(4). 8 Continuation of appointment as registrar, deputy registrar or other officer (1) This section applies to a person who, immediately before the commencement, was appointed under the repealed Act, section 210A as any of the following— (a) a registrar; (b) a deputy registrar; (c) another officer. (2) On and from the commencement, the person is taken to be appointed under the Supreme Court of Queensland Act 1991 , section 69(2) as— (a) if subsection (1)(a) applies—a registrar; or (b) if subsection (1)(b) applies—another officer; or (c) if subsection (1)(c) applies—another officer. 9 Continuation of appointment as sheriff, deputy sheriff or bailiff (1) This section applies to a person who, immediately before the commencement, was appointed— (a) under the repealed Act, section 212 as a sheriff; or (b) under the repealed Act, section 213 as a deputy sheriff; or (c) under the repealed Act, section 232 as a bailiff. (2) On and from the commencement, the person is taken to be appointed, under the Supreme Court of Queensland Act 1991 , section 73, as— Current as at 1 September 2012 Page 5

Civil Proceedings (Transitional) Regulation 2012 Part 2 Provisions for transition of repealed Supreme Court Act 1995 [s 10] (a) if subsection (1)(a) applies—the Sheriff of Queensland; or (b) if subsection (1)(b) applies—a deputy sheriff; or (c) if subsection (1)(c) applies—a bailiff. 10 Continuation as central judge, northern judge or far northern judge (1) This section applies to a judge of the court who, immediately before the commencement, was designated as any of the following, under the repealed Act, section 269, in the judge’s commission of appointment as a judge— (a) the central judge; (b) the northern judge; (c) the far northern judge. (2) On and from the commencement, the judge is taken to be— (a) if subsection (1)(a) applies—appointed as the Central Judge under the Supreme Court of Queensland Act 1991 , section 54; or (b) if subsection (1)(b) applies—appointed as the Northern Judge under the Supreme Court of Queensland 1991 , section 55; or (c) if subsection (1)(c) applies—appointed as the Far Northern Judge under the Supreme Court of Queensland Act 1991 , section 56. 11 Application of Acts Interpretation Act 1954, s 20A The repealed Act, section 306 is declared to be a law to which the Acts Interpretation Act 1954 , section 20A applies. Page 6 Current as at 1 September 2012

Part 3 Civil Proceedings (Transitional) Regulation 2012 Part 3 Provisions for transition of Supreme Court of Queensland Act 1991 [s 12] Provisions for transition of Supreme Court of Queensland Act 1991 12 Definitions for pt 3 In this part— amended Act means the Supreme Court of Queensland Act 1991 , as amended by the Civil Proceedings Act 2011 , part 28. commencement means the day this section commences. court means the Supreme Court of Queensland. pre-amended Act means the Supreme Court of Queensland Act 1991 , as in force immediately before the commencement. 13 Continuation of delegations made before commencement (1) This section applies to a delegation of a registrar’s power made under the pre-amended Act, section 93O and in force immediately before the commencement. (2) On and from the commencement— (a) the delegation is, if the context permits, taken to have been made under the amended Act, section 70; and (b) a reference to a provision of the pre-amended Act in the delegation is, if the context permits, taken to be a reference to the provision as amended or replaced by the amended Act. 14 ADR process started before commencement (1) This section applies if— (a) before the commencement, a dispute has been referred to an ADR process under the pre-amended Act, part 8; and (b) immediately before the commencement— Current as at 1 September 2012 Page 7

Civil Proceedings (Transitional) Regulation 2012 Part 4 Provisions for transition of District Court of Queensland Act 1967 [s 15] (i) the ADR process is not finished; or (ii) a party has applied for an order under the pre-amended Act, section 110 or 111 and the application has not been determined by the court; or (iii) a party is entitled to apply for an order under the pre-amended Act, section 110 or 111 and has not yet made the application. (2) On and from the commencement, the pre-amended Act, part 8 continues to apply, despite its repeal, to the ADR process. (3) If the court makes a referring order under the pre-amended Act, section 106(2)(b) as applied under subsection (2), the order is taken to be a referring order made under the Civil Proceedings Act 2011 , section 43. (4) For applying section 111(1) of the pre-amended Act under subsection (2), the rules for electing to go to trial that were in force immediately before the commencement are taken to continue to apply. Part 4 Provisions for transition of District Court of Queensland Act 1967 15 Definitions for pt 4 and schedule In this part and the schedule— amended Act means the District Court of Queensland Act 1967 , as amended by the Civil Proceedings Act 2011 , part 18. commencement means the day this section commences. court means the District Court of Queensland. pre-amended Act means the District Court of Queensland Act 1967 , as in force immediately before the commencement. Page 8 Current as at 1 September 2012

Civil Proceedings (Transitional) Regulation 2012 Part 4 Provisions for transition of District Court of Queensland Act 1967 [s 16] 16 Return of process (1) This section applies to a process that— (a) is issued, before the commencement, out of a previous registry; and (b) is returnable on or after the commencement; and (c) has not been returned before the commencement. (2) On and from the commencement, the process is returnable in the office of the new registry located at the place where the previous registry was located. (3) In this section— new registry means the District Court Registry established under the amended Act, section 35. previous registry means a registry of the court under the pre-amended Act, section 35. 17 Continuation of appointment as deputy registrar (1) This section applies to a person who, immediately before the commencement, was appointed under the pre-amended Act, section 36A as a deputy registrar. (2) On and from the commencement, the person is taken to be appointed as another officer under the amended Act, section 36(2). 18 Payment of officers appointed to assist bailiff before commencement (1) This section applies if— (a) before the commencement, a bailiff has received fees under the pre-amended Act, section 45(1); and (b) immediately before the commencement, the bailiff has not paid an officer appointed to assist the bailiff as required under the pre-amended Act, section 45(2). Current as at 1 September 2012 Page 9

Civil Proceedings (Transitional) Regulation 2012 Part 4 Provisions for transition of District Court of Queensland Act 1967 [s 19] (2) On the commencement, the pre-amended Act, section 45(2) continues to apply in relation to the payment of the officer. 19 Subpoenas issued by registrar before commencement (1) This section applies if— (a) before the commencement, a registrar issued, under the pre-amended Act, section 67(1), a subpoena in a criminal case; and (b) the subpoena requires the person to whom it is directed to attend at the trial on or after the commencement. (2) On and from the commencement, the Criminal Code, chapter 63A applies in relation to any failure by the person to comply with the subpoena. 20 Transfer of proceedings—application made but not decided before commencement (1) This section applies if— (a) before the commencement, an application to transfer a proceeding has been made under a previous transfer provision; and (b) the application has not been withdrawn, dismissed, struck-out or otherwise determined immediately before the commencement. (2) On or after the commencement, the relevant court must decide whether to transfer all or part of the proceeding under the relevant provision of the Civil Proceedings Act 2011 . (3) In this section— previous transfer provision means a section of the pre-amended Act mentioned in the schedule, column 1. relevant court means the court listed in the schedule, column 3 for the previous transfer provision mentioned in subsection (1)(a). Page 10 Current as at 1 September 2012

Civil Proceedings (Transitional) Regulation 2012 Part 4 Provisions for transition of District Court of Queensland Act 1967 [s 21] relevant provision , of the Civil Proceedings Act 2011 , means the section of the Civil Proceedings Act 2011 listed in the schedule, column 2 for the previous transfer provision mentioned in subsection (1)(a). 21 ADR process started before commencement (1) This section applies if— (a) before the commencement, a dispute has been referred to an ADR process under the pre-amended Act, part 7; and (b) immediately before the commencement— (i) the ADR process is not finished; or (ii) a party has applied for an order under the pre-amended Act, section 105 or 106 and the application has not been determined by the court; or (iii) a party is entitled to apply for an order under the pre-amended Act, section 105 or 106, and has not yet made the application. (2) On and from the commencement, the pre-amended Act, part 7 continues to apply, despite its repeal, to the ADR process. (3) If the court makes a referring order under the pre-amended Act, section 101(2)(b) as applied under subsection (2), the order is taken to be a referring order made under the Civil Proceedings Act 2011 , section 43. (4) For applying section 106(1) of the pre-amended Act under subsection (2), the rules for electing to go to trial that were in force immediately before the commencement are taken to continue to apply. 22 Appeals (1) This section applies if, immediately before the commencement— Current as at 1 September 2012 Page 11

Civil Proceedings (Transitional) Regulation 2012 Part 5 Provisions for transition of Magistrates Courts Act 1921 [s 23] (a) a person has, under the pre-amended Act, section 118, a right to appeal to the Court of Appeal from a judgment given, or an order made, by the court and has not started the appeal; or (b) a person has started an appeal under the pre-amended Act, section 118 and the appeal has not yet been determined under that section. (2) On and from the commencement, the amended Act, sections 118A and 118B do not apply to the starting and the determining of an appeal mentioned in subsection (1). Part 5 Provisions for transition of Magistrates Courts Act 1921 23 Definitions for pt 5 In this part— amended Act means the Magistrates Courts Act 1921 , as amended by the Civil Proceedings Act 2011 , part 26. commencement means the day this section commences. court means a Magistrates Court. pre-amended Act means the Magistrates Courts Act 1921 , as in force immediately before the commencement. 24 ADR process started before commencement (1) This section applies if— (a) before the commencement, a dispute has been referred to an ADR process under the pre-amended Act, part 5; and (b) immediately before the commencement— (i) the ADR process is not finished; or Page 12 Current as at 1 September 2012

Civil Proceedings (Transitional) Regulation 2012 Part 5 Provisions for transition of Magistrates Courts Act 1921 [s 24] (ii) a party has applied for an order under the pre-amended Act, section 37 or 38 and the application has not been determined by the court; or (iii) a party is entitled to apply for an order under the pre-amended Act, section 37 or 38 and has not yet made the application. (2) On and from the commencement, the pre-amended Act, part 5 continues to apply, despite its repeal, to the ADR process. (3) If the court makes a referring order under the pre-amended Act, section 33(2)(b) as applied under subsection (2), the order is taken to be a referring order made under the Civil Proceedings Act 2011 , section 43. (4) For applying section 38(1) of the pre-amended Act under subsection (2), the rules for electing to go to trial that were in force immediately before the commencement are taken to continue to apply. Current as at 1 September 2012 Page 13

Civil Proceedings (Transitional) Regulation 2012 Schedule Schedule Transfer applications made under District Court of Queensland Act 1967 before commencement section 20 Column 1 Column 2 Provision of Relevant provision of pre-amended Act under Civil Proceedings Act which application to 2011 transfer a proceeding was made s 77(1) s 25(2) s 78(1) s 26(2) s 79(1) s 26(1) s 80(1) s 26(1) s 82(1) s 25(1) s 83(1) s 25(1) s 86(1) s 29 Column 3 Relevant court Supreme Court of Queensland District Court of Queensland District Court of Queensland District Court of Queensland Supreme Court of Queensland Supreme Court of Queensland the court having jurisdiction for the counterclaim Page 14 Current as at 1 September 2012

Endnotes Civil Proceedings (Transitional) Regulation 2012 Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). However, no amendments have commenced operation on or before that day. Future amendments of the Civil Proceedings (Transitional) Regulation 2012 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 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 Current as at 1 September 2012 Page 15

Civil Proceedings (Transitional) Regulation 2012 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 Amendments included none Effective 1 September 2012 Notes 5 List of legislation Regulatory impact statements For subordinate legislation that has a regulatory impact statement, specific reference to the statement is included in this list. Explanatory notes All subordinate legislation made on or after 1 January 2011 has an explanatory note. Civil Proceedings (Transitional) Regulation 2012 SL No. 147 made by the Governor in Council on 30 August 2012 notfd gaz 31 August 2012 pp 1097–9 ss 1–2 commenced on date of notification remaining provisions commenced 1 September 2012 (see s 2) exp 1 September 2013 (see 2011 No. 45 s 109(4)) © State of Queensland 2013 Authorised by the Parliamentary Counsel Page 16 Current as at 1 September 2012