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Practice & Procedure
Australian Securities and Investments Commission v Lindberg (No 2) THE corporate regulator has been handed the opportunity to continue its fight against former Australian Wheat Board director Andrew Lindberg. Read more in theNewLawyer and reproduced with permission. Note discussion on the inherent power in respect of abuse of process and considerations of prejudice in concurrent...
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Hamilton Island Enterprises Ltd & Anor v Johnston [2010] QCS 38   Civil proceedings for damages for breach of contract of employment, conversion, or alternatively equitable compensation had been first commenced. Subsequently, 22 police charges under the Criminal Code 1899 (Qld) relating to the applicant’s employment were laid with a further 14 charges shorlty before the application. An ...
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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...
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His Honour McMurdo in the 4 decisions below gave judgment in a number of different cost scenarios: LAB v AWH (No. 2) [2010] QSC 021Whether the circumstances justified an order for costs pursuant to the Property Law Act 1974 (Qld); Nu-Log Pty Ltd v Coghlan (No. 2) [2010] QSC 020Plaintiff claimed indemnity costs; Yara Nipro...
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The decision of her Honour Margaret Wilson J in Frikton v Plastiras [2010] QSC 5 helpfully summarises the principles regarding abuse of process:  [35] Mr Frikton asserted that he never agreed to be bound in this proceeding by the findings of Muir J in the other proceeding. He submitted that there were many errors made...
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Global Access Ltd v Educationdynamics, LLC & Anor [2009] QSC 373   Global Access Ltd the plaintiff was incorporated and registered in the Isle of Man with no assets. It commenced proceedings following an adjudication by the National Arbitration Forum that the domian name “elearner.com” be transferred from the plaintiff to the first defendant. The...
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Chavez v Moreton Bay Regional Council [2009] QCA 348 His Honour Keane JA delivered the judgment with whom Holmes JJA and McMeekin J concurred. The plaintiff’s appeal was dismissed. The claim was ultimately dismissed for failure to comply with item 3 of a self executing consent order in terms of: “BY CONSENT IT IS ORDERED:...
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 Febray Pty Ltd v Equititour Pty Ltd & others; Hutchinson v Equititour Pty Ltd & others [2009] QDC 329 His Honour Rackemann DCJ refused to exercise his discretion in respect of awarding indemnity costs both in respect of summary judgment and the ‘costs thrown away’ on the adjourned application, in circumstances whether summary judgment initially...
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Edge Legal The Federal Court has determined that it is up to individual judges to decide whether Twitter may be used to cover court cases. Reporting court cases on Twitter became evident recently when journalists from ZDNet.com and The Australian both used Twitter to cover the much-publicised case between iiNet and the entertainment industry. For...
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The recent decision of the High Court in Aon Risk Services Australia Ltd  v Australian National University  [2009] HCA 27  saw its position in Queensland v JL Holdings (1997) 189 CLR 146 re-visited in respect of case management principles. See article in Hearsay as well. Brisbane Barrister David Cormack
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