Delay in Civil Proceedings in Queensland – Rule 389

Article Summary

Rule 389 of the Uniform Civil Procedure Rules 1999(Qld) governs the continuation of civil proceedings after periods of inactivity.

Where proceedings stagnate, the rule shifts control from the parties to the court, requiring justification before litigation may continue.

Its operation reflects the court's supervisory role in ensuring that proceedings are conducted efficiently and fairly.

Judicial authority demonstrates that delay can have substantive consequences. Steps taken after prolonged in activity may be treated as ineffective, and proceedings may be dismissed where delay is unjustified or prejudicial.

Ultimately, rule 389 reinforces the obligation on parties to actively prosecute proceedings and underscores that prolonged delay can determine whether a dispute is heard at all.