UCPR Forms — How to fill out UCPR form 20?

QLD Caselaw
5 min readMay 13, 2022
UCPR Qld

The rules of the civil process in Australia regulate how cases are handled in Australia’s numerous courts and tribunals. Civil procedure in Australia was traditionally drawn from the civil procedure in England and Wales, and it continues to resemble it. The rules vary depending on the courts and tribunals you’re dealing with.

Each Australian colony had a two- or three-tiered judicial system with a Supreme Court at its summit before the Federation.

The colonial Supreme Courts were modelled after the Supreme Court of Judicature of England and Wales, sometimes known as the High Court of Justice, which was founded by the Judicature Acts in the 1870s. [2] The Rules of the Supreme Court, which were created by the judges and are still in effect today, controlled civil procedure in the colonial Supreme Courts

What does UCPR stand for?

UCPR is an abbreviation of Uniform Civil Procedure Rules 1999 that formulate uniformity in supreme and district courts.

Queensland’s Uniform Civil Procedure Rules 1999 (UCPR) went into effect on July 1, 1999. The Qld UCPR establishes processes for all three levels of state courts: Supreme, District, and Magistrates. The majority of the rules apply to all three courts, although some are specifically declared to apply to certain courts only when it is necessary. Practitioners must get familiar with a variety of new methods as well as terminology.

The Uniform Civil Procedure Rules 1999 (UCPR):

  • Provide uniformity to the courtroom proceedings;
  • Arrange rules in a more logical manner, such that all rules dealing with a single component of procedure are found together rather than spread throughout the rules, as they were previously;
  • Procedures should be simplified; and
  • Introduce a new set of forms for the new system
UCPR Rules 1999

UCPR Forms — How to fill out UCPR form 20?

A notice of motion is a written request to the court. This document asks the Court to make a decision or issue an order in a legal situation. Before the Court can weigh in on a legal subject, a party must file these motions. In most cases, their goal is to settle procedural concerns, provide mediation, or seek court guidance.

A notice of motion is typically used to explain or seek direction on an issue in dispute. It’s critical that you fill out Form 20 with your own information based on your particular circumstances.

The Uniform Civil Procedure Rules define what must be included in your notice of motion and how it should be done. A motion for an order must include the following information:

  • Identify the individual who is requesting the order;
  • Identify the address where the motion will be served if the person is not a party to the proceedings.
  • Determine who the order will have an impact on;
  • Determine the order’s goal in a concise manner; and
  • Propose the costs sought in the notice of motion in a clear and concise manner.

A notice of motion is a written request to the court. This document asks the Court to make a decision or issue an order in a legal situation. Before the Court can weigh in on a legal subject, a party must file these motions. In most cases, their goal is to settle procedural concerns, provide mediation, or seek court guidance.

A notice of motion is typically used to explain or seek direction on an issue in dispute. It’s critical that you fill out Form 20 with your own information based on your particular circumstances.

The Uniform Civil Procedure Rules define what must be included in your notice of motion and how it should be done. A motion for an order must include the following information:

  • Identify the individual who is requesting the order;
  • Identify the address where the motion will be served if the person is not a party to the proceedings.
  • Determine who the order will have an impact on;
  • Determine the order’s goal in a concise manner; and
  • Propose the costs sought in the notice of motion in a clear and concise manner.

Conclusion

At Rule 292 of the Uniform Civil Procedure Rules 1999 (UCPR Qld), the Court should grant summary judgement to the Plaintiff if it is satisfied that the Defendant has no realistic chance of success and that a trial is unnecessary. The main concern is if there is a realistic, rather than a speculative, chance of success.

The defendant should move to the Court for summary judgement against Plaintiff if Plaintiff has no genuine prospect of success on all or part of the Plaintiff’s claim and there is no need for a trial, according to Rule 293 of the UCPR.

Magistrate courts could have a liability to pay a sum of $150,000, including interests and other compulsory costs. On the other hand, District Courts leverage jurisdiction of $750,000 while Supreme Courts have no jurisdiction limitations.

You should be able to prevent a summary ruling by filing affidavit evidence outlining your views in detail, or your statement of claim or defense should need to be altered to avoid summary relief. You might be able to persuade the Court that a trial is required and that summary judgement should not be entered against you.

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