Request for trial date (Form 48)

Under rule 467 of the Uniform Civil Procedure Rules 1999 (Qld), a party who is ready for trial may prepare and sign a request for trial date in the approved form, which is Form 48. A party is ready for trial when, as far as that party is concerned, disclosure and inspection, particulars and interrogatories have been dealt with, all necessary steps are complete, all necessary witnesses will be available and the proceeding is in all respects ready (r 467(4)). The request is served on the other parties, who sign and return it if they are also ready, and the fully signed copy is then filed (r 467(2)-(3)). If a party does not sign and return it within 21 days, the court can dispense with that party's signature (r 469).

When you need it

• Your proceeding was started by claim, the pleadings and disclosure are finished, and you want the matter listed for trial.
• You have been served with another party's request and are ready for trial. You sign and return it (r 467(2)).
• Not while steps are still outstanding unless you list them. The form lets you state the matters outstanding and the dates by which they will be done.

1. 1

   Complete the heading

   Choose the court, give the registry where the file is held, the proceeding number and all parties, including any third party.

2. 2

   Estimate the length of trial

   Each side gives its own estimate of trial length.

3. 3

   Give date preferences and dates to avoid

   Each side lists three preferred commencement dates (or the date already allocated, provisionally or otherwise) and any dates to avoid, with the reason. State whether the matter can be called on at short notice and, if so, the minimum notice needed.

4. 4

   Tick the readiness confirmations

   Confirm the proceeding is ready for trial within the meaning of r 467(4) and all necessary steps are complete, or list each outstanding matter with its completion date. Confirm whether the parties have engaged in alternative dispute resolution or settlement negotiations, and, if a jury is required, that the party requesting it has paid into court the funds needed to empanel the jury.

5. 5

   Add practitioner and counsel details

   For each party, give the practitioner's name, firm, direct telephone, firm and direct email, and counsel's name and contact details if any.

6. 6

   Sign, date and note any dispensation

   Each party signs and dates to confirm the information is correct to the best of their knowledge. If the court has dispensed with a party's signature under r 469, tick yes and give the party's name and the date of the order.

• The party who prepares the request signs it and serves copies on each other party (r 467(2)).
• Once every party has signed, the preparing party files the signed copy as soon as practicable in the registry where the file is held (r 467(3)).
• If a party served with the request has not signed and returned it within 21 days, the requesting party can apply to the court to dispense with that signature (r 469). Supreme Court Practice Direction 11 of 2023 lists dispensing with the signing or filing of a request for trial date among the consent orders the registrar will generally refuse, so expect to go before a judge.
• Check the current fee schedule for any fee payable when the request is filed or the matter is set down.

• Once a request for trial date has been filed, or a trial date set, you need the court's leave to amend a pleading, request particulars or make an application (r 470). Make sure your case is complete before you sign.
• If the proceeding settles after the request is filed, each party must immediately give the registrar written notice of the settlement (r 308A).
• The Word form links to a Supreme Court civil trial availability calendar. That link no longer works, so check the court's website for current availability.