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Civil Litigation
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...
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 PAJ v AAK [2010] QCA 78   Whilst the decision is primarily concerned with the repealed Criminal Offence Victims Act 1995 (Qld), and in particular additional compensation under Regulation 1A; the President, with whom their Honours Muir and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. ...
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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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   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...
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