Form 59 is the proposed draft order used in Queensland’s Supreme Court, District Court, and Magistrates Courts to turn a judge’s or magistrate’s spoken ruling into an enforceable written document. To fill out and file Form 59 in Queensland, you download the approved template from the Queensland Courts website, complete it with the registry details, party names, and the exact terms the court pronounced, and lodge it with the registry of the court that made the order so the registrar can review, sign, and seal it.1Queensland Legislation. Uniform Civil Procedure Rules 1999
What to Gather Before You Start
Open a blank template only after you have the facts that will fill it. You need:
- The court’s registry number, meaning the file number assigned when the proceeding was started.
- The full legal names of every party, spelled exactly as they appear on the originating process.
- A reliable record of what the judicial officer actually ordered. That is usually the official court transcript. If no transcript has been produced yet, detailed contemporaneous notes from the hearing will do.
- The date the order was made. UCPR Rule 661 requires the document embodying the order to include this date.1Queensland Legislation. Uniform Civil Procedure Rules 1999
- The name of the presiding judge or magistrate.
Any mismatch between your draft and the court’s own records of the hearing will be caught during the registry’s review. Being sent back to fix a wrong date or a misspelled name is one of the most common reasons for delay.
Where to Get the Form 59 Template
Approved forms for use under the UCPR are published on the Queensland Courts website, as noted in UCPR Rule 975.1Queensland Legislation. Uniform Civil Procedure Rules 1999 Go to courts.qld.gov.au, locate Form 59 (listed as “Proposed draft order”), and download it. The template is standardized so the format stays consistent across every Queensland court.
For Magistrates Court matters, Form 59 can also be filed electronically through the QCase portal managed by Queensland Courts, or through the approved external service provider CITEC Confirm.2Queensland Courts. Magistrates Court Civil Electronic Filing Before you e-file, check that the court location where your matter was heard accepts electronic lodgement for this form.
How to Fill Out the Form
Start at the top. Enter the specific court and registry where the matter was heard, for example “Supreme Court of Queensland, Brisbane Registry” or “Magistrates Court at Southport.” Fill in the registry number. Identify the parties as plaintiff and defendant, or applicant and respondent depending on how the proceeding was commenced, in the same order they appear on the originating process.
The body of the order opens with a standard heading along the lines of “The order of the court is that:” followed by the terms the court pronounced. Use numbered paragraphs to separate each distinct direction. If the court ordered one party to pay costs, that goes in its own numbered paragraph, separate from any paragraph dealing with injunctive relief or a stay of proceedings. A sample Form 59 published by Legal Aid Queensland illustrates this layout: registry number and party names in the header, numbered substantive paragraphs in the body, and a registrar’s signature line at the bottom.3Legal Aid Queensland. Are You Struggling to Pay a Loan? A Guide to Your Options if You Can’t Meet Your Loan Payments
Stick to the court’s language as closely as you can, and do not add terms the judicial officer did not order. Embellishing or narrowing the wording is the fastest way to have the draft rejected, and it risks a fight over what the court actually intended.
Filing the Draft With the Registry
Lodge the completed draft with the registry of the court that made the order. UCPR Rule 661 provides that the order is formally filed when a document embodying it and the date it was made is drawn up by a party and signed by the registrar.1Queensland Legislation. Uniform Civil Procedure Rules 1999 The registrar checks the draft against the court’s hearing records. If satisfied, the registrar signs and seals it.
After filing, UCPR Rule 662 entitles the party with carriage of the order to a free certified duplicate within one business day.1Queensland Legislation. Uniform Civil Procedure Rules 1999 That certified duplicate is what you use for service and enforcement; you do not need to retrieve the original again.
Filing fees vary by court and by proceeding type. Queensland Courts publishes current fee schedules online, and fees generally increase on 1 July each year. Check the schedule for the Supreme Court, District Court, or Magistrates Court before filing so you bring the correct amount or payment method.
When the Other Side Disputes the Wording
If the other party objects to how you have drafted the order, the registrar can resolve the dispute through a process called “settling” the order under UCPR Rule 669. The registrar may settle the draft without an appointment. If either party asks for a hearing, or the registrar thinks one is warranted, the registrar sets a time and place for both sides to attend and argue over the wording.1Queensland Legislation. Uniform Civil Procedure Rules 1999 A party who has been notified and fails to attend risks having the draft settled without their input. The process stops one side from unilaterally shaping the written order in a way the court did not intend.
Fixing Mistakes After the Order Is Sealed
Small errors in a sealed order can be fixed without starting over. UCPR Rule 388 allows the court, on a party’s application or on its own initiative, to correct any clerical mistake or error in an order that resulted from an accidental slip or omission. There is no time limit.1Queensland Legislation. Uniform Civil Procedure Rules 1999 Rule 388 covers a wrong date, a misspelled name, or an arithmetic error in a costs figure. It does not cover substantive changes to what the court actually decided; that requires a different application or an appeal.