Boulter v Crouch & Anor [2010] QSC 258
It was admitted that the plaintiff would have been successful against her former solicitor for having failed to commence proceedings for her personal injuries.
Quantum was in dispute. The accident pre-dated the Civil Liability Act 2003 (Qld), but nevertheless quantum was assessed at only $11,757.22.
Her Honour Atkinson J held [...]

Supervised Case List - the Supervised Case List is now administered by  Justice Applegarth and Justice Peter Lyons. 
 
The attachment identifies both the general principles that their Honours will take and the administrative arrangements, which commenced 1 July 2010.
Brisbane Barrister – David Cormack

Newson v Aust Scan Pty Ltd t/a Ikea Springwood & Ors [2010] QSC 223
30/06/2010
Catchwords
STATUTORY CONSTRUCTION – Personal Injuries Proceedings Act 2002, s 32(2) – DUTY TO DISCLOSE – DISCRETION TO EXCUSE NON COMPLIANCE – where Act states that party cannot rely on document that was not disclosed – where document not disclosed prior to [...]

Brady v Woolworth Limited [2010] QDC 260
Catchwords
NEGLIGENCE – PERSONAL INJURIES – Personal Injuries Proceedings Act – pre-litigation procedure – obligations under s 27 to disclose documents and provide information – scope of – whether failure to comply
Ryrie DCJ
Leave was granted to proceed with the application despite the Request for Trial Date having been [...]

Norton Rose
Parties involved in civil disputes will now be encouraged to resolve their disputes outside the federal court system under a new Bill which had its Second Reading in Parliament on 16 June 2010. The Attorney-General, the Hon Robert McClelland MP, has introduced the Civil Dispute Resolution Bill 2010 (Cth) (the Bill) which seeks to ensure that parties take “genuine [...]

Amendments:

rule 17 (Contact details and address for service);
rule 29 (Notice of address for service);
rule 140 (Contact details and address for service);
rule 358 (Acceptance of offer);
rule 553 (Conference if personal injury damages claim);
rule 601 (When registrar may make grant);
rule 661 (Filing an order);
rule 968 (Filing documents personally);
rule 975G (If both electronic and paper documents filed); and
schedule [...]

I refer you to the Supreme Court of Queensland Practice Direction 4 of 2010 – Consent Orders of the Registrar. It is expected the District and Magistrates Courts will follow.
Brisbane Barrister – David Cormack

June 2010
In this issue:

New general inquiries number now available
Free legal advice for south-west Queensland flood victims
Legal Aid can help with civil matters
Sponsor Anthony Reilly for the Vinnie’s CEO Sleepout
Law Week hypothetical attracts full house
Updated factsheet on grants criteria changes
Preferred supplier reference group takes shape
Women’s Legal Aid the toast of International Women’s Day
Catherine Moynihan receives Churchill Fellowship
Staff [...]

Etemovic v Baulderstone Hornibrook Qld Pty Ltd [2010] QSC 141
The plaintiff sought to join an existing third party as the second defendant in circumstances where as against the third party the limitation period had expired and they had not complied with the pre-court compliance as prescribed by the Personal Injuries and Proceedings Act 2002 (Qld) (“PIPA”). The third [...]

Jiona Investments Pty Ltd & Ors v Medihelp General Practice Pty Limited [2010] QCA 99
Judgment was at first instance entered against the appellant for $1.2 million and costs of $407,378.47; having failed to enter a defence to third party proceedings based on an indemnity.
The failure to enter a defence was pivotal in the primary judge [...]