Under which circumstances must an application be started in Queensland?

An application must be started in Queensland under the circumstance that the rules do not specify an originating process. In legal practice, originating processes are the formal means by which a party initiates a case or legal proceeding. If there are no specific rules detailing how to commence a matter, it becomes necessary to file an application to ensure that the appropriate legal processes are followed. This allows the court to maintain order and provides a clear framework for the issues at hand.

In contrast, other options may not hold the same weight in necessitating an application. For example, substantial issues of fact or an agreement between parties are important considerations in the conduct of a case but do not inherently require an application to initiate a legal proceeding. Additionally, having a trial date set implies that the matter has already progressed to a significant stage in the litigation process, which generally does not require a separate application to start the case. Thus, the absence of a specified originating process in the rules is the key factor for determining the need for an application in Queensland law.