Court rules amendments – e-filing and changes to scales of costs
29 August 2018
On 24 August 2018 the Uniform Civil Procedure Rules 1999 (UCPR) and the Criminal Practice Rules 1999 (CPR) were amended by the Uniform Civil Procedure Rules and Other Legislation Amendment and Repeal Regulation (No.1) 2018. Courts Services Queensland draws the following to the attention of the profession:
- Rule 57 CPR deals with access to court files. In most cases it will be very clear whether a document is one listed in rule 57(1). It will assist the registry greatly if documents, especially particulars in writing provided to the court (rule 57(1)(b)) and written submissions or outline of submissions (rule 57(1)(g)), are clearly labelled.
- Rule 57(7) provides that, if a party files a document that contains or reveals the identity of a protected person (as defined in rule 57(11)), including in court, the party must notify the court of that fact at the time of presenting the document for filing. The professions' compliance with rule 57(7) will be essential to enable the registry to properly determine file access requests.
- Schedules 1 to 3 in the UCPR (the scale of costs) have been replaced with schedules 1 and 2. Professional fees have been increased in the new scales.
- Many of the changes to the UCPR, and some of the changes to the CPR, have been made to permit an expansion of electronic filing and electronic issuing of documents. The rules are intended to be permissive, and the principal registrars have control over what documents can be electronically filed, and on what conditions. It is expected that moves towards electronic filing will occur gradually, in consultation with stakeholders.
- Magistrates Courts eLodgements using CITEC Confirm will not be affected by the amendments to the UCPR.
QLS has long advocated for these amendments and will continue to advocate for improvement to court practices and procedures to assist members.
The Uniform Civil Procedure (Subpoenas) Amendment Rule 2018 has also been made.
If you have any questions, please contact Queensland Courts on 07 3247 4414.