Archive for the 'Civil Litigation' Category

Duty of litigation practitioners to prepare for hearings and costs restrictions from Legal Aid

Thursday, July 29th, 2010

 Re: N (a solicitor) [2010] QSC 267
CATCHWORDS:
Profession and trades – Lawyers – Duties and liabilities – Duties to court – Generally – Duty to ensure matters are dealt with expeditiously – Criminal matter
Legal Profession Act 2007 (Qld), s 418
Ashmore v Corporation of Lloyd’s [1992] 1 WLR 446, cited
Fryberg J
In a professional conduct decision which flowed [...]

Supervised Case List

Wednesday, July 14th, 2010

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

Historic decision creates upheaval for US securities class actions

Monday, July 12th, 2010

Allens Arthur Robinson
The United States Supreme Court has overturned more than 40 years of jurisprudence of US federal courts by ruling that plaintiffs may only pursue claims alleging securities fraud under the US Securities Exchange Act of 1934 in relation to the sale or purchase of shares in the US or of securities listed on [...]

Construction of indemnities and leave to set aside default judgment

Thursday, May 6th, 2010

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 [...]

Failure to address Notices to Admit

Friday, April 30th, 2010

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 v. Ridolfi [...]

When affidavit material may be relied upon by the court

Wednesday, April 7th, 2010

 PAJ v AAK [2010] QCA 78
 
Whilst the decision is primarily concerned with the repealed Criminal Offence Victims Act 1995 (Qld), and in particular additional compensation under Regulation 1A; the President, with whom their Honours Muir and Chesterman JJA agreed,  provides guidance in respect of when affidavit may be relied upon by the court.  The Originating [...]

Deemed admissions and summary judgment

Friday, February 12th, 2010

Hanson Construction Materials P/L v Norlis & Ors [2010] QSC 34
Her Honour Wilson found the holding defence prepared and filed by a very inexperienced solicitor in the terms below did not discharge the requirements of rule 166 of the Uniform Civil Procedure Rules (“UCPR”):
[5] On 19 August 2009 the second and third defendants filed a [...]

Rectification/mistake/effect of words in a Deed and the duty of a lawyer when making changes to drafts exchanged between the parties

Friday, January 29th, 2010

 

 Thiess P/L v FLSMIDTH Minerals P/L [2010] QSC 006

 
Rectification – where the Deed has an effect which is not the result of deliberately chosen words
His Honour McMurdo J aptly put the question to be resolved at paragraph [90] after a detailed examination of the dealings between the parties and in particular their lawyers, the [...]

David Cormack, Barrister