Referring order




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SUPREMEi COURT OF QUEENSLAND
REGISTRY:

NUMBER:


Plaintiff2: (As per Claim)
AND
[First] Defendant3 (As per Claim)
AND
[Second Defendant] (As per Claim)



REFERRING ORDER
Before: Justice X (or as the case may be)
Date: (date of order)
Initiating document: Application filed (date, or as the case may be)


THE ORDER OF THE COURT IS THAT




  1. (Insert names of parties) are directed to attend, participate in, and act reasonably and genuinely in, a [mediation/case appraisal] to be conducted at (insert time of commencement and address of venue).

2. The [mediator/case appraiser] is (insert name or state that the mediator/case appraiser is to be selected by the parties).

3. Copies of the following documents are to be provided to the [mediator/case appraiser]—

(list)


4. The period of [mediation/case appraisal] is fixed at a maximum of (insert number of hours or days) and may extend beyond the period only with the authorisation of the parties.

—OR—


4. The estimated maximum period of the [mediation/case appraisal] is (insert period).

5. The costs of the [mediation/case appraisal] are fixed at (insert lump sum).

—OR—

5. The costs of the [mediation/case appraisal] are fixed at $ _____ (per hour or day) up to a maximum of (insert number of hours or days).



—OR—

5. The parties are to negotiate a fee with (insert name of mediator/case appraiser).

6. The parties are to pay the following percentages of the costs—

(name of party) (insert %)


(name of party) (insert %)

7. The parties must pay (their respective percentages of the costs/the fee negotiated by the parties with the mediator/case appraiser) to the [mediator/ case appraiser or as the case may be] by (insert date).


8. If the [mediation/case appraisal] has not been completed within 3 months of the referring order the parties must provide a report to the registrar setting out the circumstances of the matter.
9. The [mediator/case appraiser] is to be informed of the appointment by (insert manner in which the mediator/case appraiser is to be informed).
10. The proceeding is stayed until 6 business days after the [mediator or case appraiser’s] certificate is filed in the registry or further earlier order.

  1. [Other conditions – if any]

Signed: (registrar to sign and seal)






i. For an application in the District Court or a Magistrates Court, substitute “District Court” or “Magistrates Courts” respectively.

2 For proceedings commenced by Originating Application for “Plaintiff” substitute “Applicant”

3 For proceedings commenced by Originating Application for “Defendant” substitute “Respondent”

_________________________________________________________________________

ADR REFERRING ORDER Name:

Filed on Behalf of the (party) Address:

Form 33, Version 1

Uniform Civil Procedure Rules 1999 Phone No:

Rules 323; 334 Fax No:




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