Queensland Consolidated Acts

LAND ACT 1994 - SECT 409

409 Person may start proceeding in Magistrates Court

(1) A person who receives a trespass notice may start a proceeding in the Magistrates Court nearest to the land the subject of the notice.

(2) The proceeding must be started by the person within the following period (the
"relevant period" )—

(a) if the compliance period stated in the trespass notice is 7 days or less—7 days;

(b) otherwise—the compliance period stated in the trespass notice.

(3) The person starts the proceeding by—

(a) filing a notice (a
"proceeding notice" ) with the registrar of the Magistrates Court stating the orders sought in relation to the trespass notice; and

(b) filing a copy of the trespass notice; and

(c) giving to the chief executive a copy of the proceeding notice.

(4) The proceeding notice must state the grounds on which the orders of the court are sought.