Notice requiring oral hearing (Form 50)

Under chapter 13, part 6 of the Uniform Civil Procedure Rules 1999 (Qld), an applicant may propose that an application be decided without an oral hearing, on written material and submissions. The application must then include a notice in the approved form (Form 49) with a draft order and written submission, and the registrar sets a decision date at least 10 days after the application is expected to be served (rr 489-490). A respondent who wants an oral hearing must, within 3 business days after being served, file a notice in the approved form and serve a copy on the applicant (r 494). An applicant who, after seeing the respondent's material, wants an oral hearing must file and serve the notice within 2 business days after receiving that material (r 495). Form 50 is the approved notice for both.

When you need it

• You have been served with an application that includes a notice proposing a decision without an oral hearing (Form 49), and you want to argue it in court.
• You are the applicant, you have received the respondent's response, and you now want an oral hearing instead (r 495).
• Not needed if you are content for the court to decide on the papers. You can file a written response instead (r 492).

1. 1

   Copy the heading

   The Word form is headed Supreme Court. Substitute District Court or Magistrates Courts as needed, and use Applicant and Respondent if the proceeding started by originating application (form notes).

2. 2

   Identify who requires the hearing

   State whether the respondent or the applicant requires the oral hearing and, if the application is not an originating application, describe the party's role (for example First Defendant). Insert the party's name, the date the application was filed and the applicant's name.

3. 3

   Sign and date

   The party or their solicitor signs, describes the signatory and dates the notice.

4. 4

   Leave the hearing details for the registry

   The registry inserts the place and date of hearing, and the registrar signs and seals. The application is heard on a date the registrar sets (r 494(5)).

5. 5

   Complete the back-sheet

   Show the party it is filed on behalf of and the filer's name, address and contact details.

• Respondent: file Form 50 and serve a copy on the applicant within 3 business days after being served with the application (r 494(2)). Then file and serve your material in response at least 3 business days before the date set for deciding the application (r 494(3)).
• Applicant: file and serve Form 50 on the respondent within 2 business days after receiving the respondent's material (r 495(2)).
• Once a respondent has required an oral hearing, the applicant may attend and argue, or rely on the supporting material and not attend (r 494(4)).
• Form 50 is among the documents that can be lodged through the Queensland Courts and Tribunals Online Services Portal in Supreme Court wills and estates proceedings (Principal Registrar Approval 1 of 2025). Check the fee schedule in case a fee applies.

• Count business days carefully from the day you were served. A late notice risks the application being decided on the papers.
• The court may itself decide at any time that an application is not suitable for decision without an oral hearing, and will tell the parties (r 491).
• Written submissions for a decision on the papers must be concise (r 496).