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 [...]

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 [...]

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 [...]

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 [...]

Piatek v Piatek and Another; Piatek v Piatek [2010] QSC 122 His Honour Daubney J in an extempore judgment dismissed the application to withdraw or have the Notices to Admit dismissed. It is a reminder of the importance of considering Notices to Admit carefully. His Honour applied the seminal decisions of Rigato Farms Pty Ltd [...]

The Civil and Criminal Jurisdiction Reform and Modernisation  Amendment Bill 2010 was introduced to parliament on 13 April 2010, as stage 1 of the foreshadowed amendments. The civil jurisdiction will be increased: Magistrates Court $50,000 to $150,000 District Court $250,000 to $750,000   However, the bulk of the amendments are directed to criminal proceedings and [...]

JM Kelly (Project Builders) Pty Ltd v Toga Development No.31 Pty Ltd (No 4) [2010] QSC 111   A trial was scheduled for 4 weeks, commencing 10 May 2010, to narrow some of the issues in this protracted litigation, which has spanned several years. On a application by the plaintiff to amend their pleadings to [...]

Palmer & Anor v Finnigan & Ors [2010] QSC 86 Further to my earlier posting regarding this decision; the matter returned in respect of costs and more particularly in respect of costs as between the defendants and third parties, and whether a ‘Sanderson’ or ‘Bullock Order’ was appropriate. The plaintiff was ordered to pay the [...]

Hartnett v Hynes [2010] QCA 65 The facts concern a partnership dispute. His Honour Muir JA delivered the leading judgment of the court with their Honours Daubney and P Lyons JJ concurring. The principle as what amounts to a fresh cause of action as opposed to a material fact to be provided was usefully summarised [...]