Can r 208C and r 208D UCPR applications be filed in the Magistrates Court or District Court in Queensland?

‍

Yes. Since 1 May 2024, applications for preliminary disclosure under r 208C and r 208D can be filed in the District Court and the Magistrates Court, subject to the usual jurisdictional limits.

This statement may seem inaccurate to some. Indeed, there is a strange conviction across many published news articles that the preliminary disclosure regime in Queensland can only be sought in the Supreme Court of Queensland.

The confusion over jurisdiction has a very simple origin, which is dispelled in this article.

Where the confusion started 

When the preliminary disclosure regime of Chapter 7, Part 1 of the UCPR first arrived in 2021, r 208A said that part would only apply to the Supreme Court. Therefore, at the time, applications under rule 208C or 208D could only be made in the Supreme Court.

That initial setup made the jurisdictional limits clear. There were then articles written and published affirming 'you can only file in the Supreme Court'. What's more, the only reported decisions on preliminary disclosure applications are Supreme Court decisions: Fairman v Jonelca Holdings Pty Ltd [2025] QSC 40 and Blue Dog Group Pty Ltd v Glaucus Research Group California LLC [2024] QSC 37.

So it is easy to see why there is still an assumption today that 'all roads lead to the Supreme Court'.

Why the assumption is wrong 

However, as it turns out, that assumption is now outdated and wrong.  

On 1 May 2024, r 208A was repealed by  the Uniform Civil Procedure (Fees) and Other Legislation Amendment Regulation 2024, 2024 SL No. 4 s 22.

The Explanatory Note to the 2024 amending legislation explains that rule 208A was repealled to:

Basically, the Explanatory Note records that the change was to allow preliminary disclosure to be sought in the District Court and the Magistrates Courts also.

The amendment passed, we no longer have a rule 208A. And the road is paved to venture into the Maigstrates Court and District Court to seek preliminary disclosure.

What does this mean? 

In plain terms, r 208A used to say you could only go to the Supreme Court for preliminary disclosure. In 2024 the legislature repealed that provision to allow preliminary disclosure to be sought in the District Court and the Magistrates Court under r 208C and r 208D. Despite this, some people still seem to rely on what r 208A used to say. But it is gone, and the Explanatory Note gives a clear green light to use these rules in the inferior courts. (Emphasis on the word 'courts' as the UCPR only applies to the Supreme, District and Magistrates Courts.)

Why would you want to file in an inferior court and not the Supreme Court?

If you file in the wrong court, or there is a better court, you risk a transfer with costs. If the underlying dispute is a straightforward debt recovery or another matter well within the Magistrates Court limits, it makes sense to file there. The process is simpler and filing fees are lower than in the Supreme Court. Having the option to bring a preliminary disclosure application in the Magistrates Court or the District Court gives parties a more proportionate and cost effective way to obtain information before starting proceedings.

Conclusion

A party seeking preliminary disclosure under r 208C or r 208D in Queensland does not have to file in the Supreme Court. The repeal of r 208A and the Explanatory Note to the amending legislation make it clear that such applications may be filed in the Magistrates Court or the District Court, subject to the usual jurisdictional rules.

Disclaimer

This article provides general information only and does not constitute legal advice. Always consult qualified Australian lawyer regarding your specific arrangements. Liability limited by a scheme approved under Professional Standards Legislation.

‍