Application (UCPR) (Form 9)

Rule 31 of the Uniform Civil Procedure Rules 1999 (Qld) governs applications in a proceeding, often called interlocutory applications. The person applying, or their solicitor, must sign the application and file it, it must be in the approved form (Form 9), and it must name as respondent any party whose interests may be affected by the orders sought (r 31(1)-(3)). A non-party who applies must include the particulars rule 17 requires on an originating process (r 31(4)). The application must be filed and then served on each respondent at least 2 business days before the hearing day, with the service day and the hearing day not counted (r 31(5)). The form itself says it is for any application in a proceeding but not for an originating application, which uses Form 5.

When you need it

• You need orders in an existing case, for example directions, an extension of time, substituted service or summary judgment (examples from the court's interlocutory applications fact sheet).
• You are not a party but need to apply in someone else's proceeding. Include your rule 17 particulars (r 31(4)).
• In a wills and estates application, Queensland Courts' troubleshooting guide says to file Form 9 in the existing file where only a copy of the will is available.
• Not to start a proceeding. Use Form 2 (claim) or Form 5 (originating application).

1. 1

   Copy the heading

   Choose the court and copy the registry, number and parties from the proceeding. If it started by originating application, use Applicant and Respondent instead of Plaintiff and Defendant (form notes).

2. 2

   Set out the orders sought

   Name the party applying and set out the orders in numbered paragraphs. Where an order is sought under a rule or a section of an Act, state the rule or the Act and section. Include any costs order.

3. 3

   Leave the hearing details to the registry

   The registry inserts the place, date and time of hearing and signs and seals the application. The fact sheet says the registry will ask for your preferred date, applications are listed for 10.00am, and you should have alternative dates ready.

4. 4

   List your affidavits and time estimate

   List each affidavit you rely on, including any still to be sworn, and estimate the hearing time in hours or minutes.

5. 5

   Sign and list who is served

   The party or solicitor signs, describes the signatory and dates the application, then names each party to be served and the name and address of any respondent who is not already a party.

6. 6

   Optional: ask for a decision on the papers

   To have the application decided without an oral hearing, include a notice in the approved form (Form 49) and attach a draft order and a written submission (rr 489-490).

• File the application in the registry where the proceeding is, with your supporting affidavits.
• Serve the application and affidavits on each respondent at least 2 business days before the hearing day, not counting the service day or the hearing day (r 31(5)). Some applications may be made without notice where the rules allow.
• Legal practitioners can lodge Form 9 through the Queensland Courts and Tribunals Online Services Portal in claim proceedings in the Supreme Court at Brisbane, and Form 9 is also listed for wills and estates proceedings (Principal Registrar Approval 1 of 2025).
• If all parties agree to adjourn, they can adjourn by noting it on the court file (r 31(6)). A consent adjournment (Form 11) may be filed by email in the Supreme and District Courts.
• A filing fee may apply. Check the current fee schedule for the court.

• Before an application for further and better particulars, or about a failure to comply with an order or direction, write to the other side under chapter 11, part 8 of the UCPR, giving at least 3 business days to reply (rr 443-444).
• Name every party whose interests may be affected as a respondent (r 31(3)).
• If you propose a decision without an oral hearing, the respondent can insist on a hearing by filing a Form 50 notice (r 494).