Queensland Consolidated Acts

CIVIL PROCEEDINGS ACT 2011 - SECT 100

100 Issue of warrant for defendant’s arrest

(1) Despite the District Court of Queensland Act 1967 , section 69 , only the Supreme Court may issue a warrant under this section.

(2) The court may issue a warrant for the arrest of a defendant to a claim in any court if the court is satisfied—

(a) the defendant has absconded or is about to abscond; and

(b) the absence of the defendant would materially prejudice the plaintiff in prosecuting the proceeding or enforcing any judgment that may be given.

(3) The warrant must be in the approved form for the arrest of a defendant.

(4) The court may issue the warrant at any time, for example, before the defendant has been served with a claim or before judgment.

(5) The warrant must state—

(a) the name of the defendant; and

(b) the date, within 2 months after the warrant’s issue, the warrant ends.

(6) The court may fix an amount as security to be stated in the warrant.

(7) On payment of the security, the defendant is entitled not to be arrested or, if arrested, to be released.

(8) In fixing the amount, the court may have regard to any matter it considers relevant, including the following matters—

(a) the amount, if any, of the plaintiff’s claim;

(b) the costs of issuing the warrant;

(c) an estimate of the costs of executing the warrant.