Order (Form 59)

An order takes effect from the time it is made (r 660(2), Uniform Civil Procedure Rules 1999 (Qld)), but it is only filed when a document setting out the order and its date is drawn up by a party and signed by the registrar (r 661(2)). An order must be filed if the court directs it or a party asks (r 661(3)). Until it is filed, the order cannot be enforced under chapter 19 or by other process, and no appeal can be brought against it without leave (r 661(4)). Once filed, the registrar must give the party with carriage of the order a free certified duplicate within 1 business day (r 662). Form 59 is the approved form for the order, and the Supreme Court's consent order practice direction requires a proposed draft order in Form 59 with a request for consent order of the registrar (Form 59A).

When you need it

• The court has made orders and you need them drawn up and filed, for example to enforce them, serve them or appeal.
• The parties agree on orders and want the registrar to make them by consent. File Form 59 as the proposed draft order with Form 59A (Supreme Court Practice Direction 11 of 2023).
• The court has directed a party to prepare and file a draft order.

1. 1

   Complete 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.

2. 2

   Record who made the order and when

   Insert the judicial officer before whom the order was made (for example Justice X), the date the order was made and the initiating document (for example the application filed on a particular date).

3. 3

   Set out the orders

   Under 'The order of the court is that', set out the terms in numbered paragraphs exactly as made. Put any directions in a separate numbered list under 'The court directs that'.

4. 4

   Include time and warning for orders to do an act

   An order requiring a person to do an act must state the time for doing it (r 665(1)) and carry a statement that if the person does not obey within that time they will be liable to proceedings to compel them and punishment for contempt (r 665(3)).

5. 5

   Leave the signature block for the registrar

   The registrar signs, describes their office and seals the order. Complete the back-sheet with the party it is filed on behalf of and the filer's details.

• Lodge the drawn-up order at the registry where the proceeding is for signing and sealing. The free certified duplicate can be produced or served wherever an order must be produced or served (r 662(2)).
• Consent orders in the Supreme Court: file Form 59A, the Form 59 proposed draft order and any necessary concise affidavit together. For a matter listed in the Applications list they must be filed by 4.00pm the day before the hearing (Practice Direction 11 of 2023, paras 8-9).
• In the Supreme and District Courts, consent order documents (Form 59A, Form 59 and any affidavit) may be filed by email, and Form 59 can be lodged through the Online Services Portal in claim proceedings in the Supreme Court at Brisbane and in wills and estates proceedings (Principal Registrar Approval 1 of 2025).

• Check the terms against the judge's or registrar's endorsement on the file or the transcript before lodging. The filed order must reflect what was actually ordered.
• For a consent order, give the registrar enough concise information, including copies of relevant statutory provisions, so the registrar does not have to search the file or legislation (Practice Direction 11 of 2023, para 7).
• Costs payable under an order can be assessed without the order being filed (r 661(5)), but enforcement of the order itself needs it filed.