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Commercial Law
William John Fletcher and Katherine Elizabeth Barnet as liquidators of Octaviar Administration Pty Ltd (in liquidation) & Anor v Fortress Credit Corporation (Australia) II Pty Limited & Ors [2013] QSC 104 Boddice J   Relevant principles   [24] The power to strike out a pleading, either pursuant to r 171 of the Uniform Civil Procedure...
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In Roma Pty Ltd v Adams & Anor [2012] QCA 347 A recent example of the need to be vigilant and respond to matters of fact in a pleading or face the prospect of a deemed admission under UCRP R.166. Brisbane Barrister – David Cormack
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Di Carlo v Kashani-Malaki & Anor [2012] QCA 320 The appeal concerned the construction of s.95 of the Public Trustee Act 1978 as to whether proceeding brought prior to the sentence of imprisonment fell foul of the section. Apart from the discussion as to the meaning of “bringing” proceedings, the judgment of Muir JA with...
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Armstrong v Mitchell-Smith and Allianz Australia Insurance Limited (No 2) [2012] QSC 370 A useful and practical decision by McMeekin J regarding the importance of complying with the facsimile rules of service, together with the provision of a discharge or alternatively, avoidance of conditions which are uncertain or unfavourable to the other party. Brisbane Barrister...
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I refer you to the civil case management practice direction 17/2012, which is based on an “expectation that most proceedings will be ready for trial or otherwise resolved within 180 days of the filing of the defence”. If not, the court “will impose directions to ensure the proceeding is prepared for trial with appropriate sanctions for...
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Authors Ben Allen, Hamish McNair Introduction Background The decision at first instance Full Court Hearing Model Litigant Obligations Consequences View all pages   Reproduced with permission of Norton Rose Fulbright in accordance with their legal notice and disclaimers.  
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Norton Rose Fulbright  Authors Ben Allen, Hamish McNair Introduction Background Facts Application of the Test Case The Scope of the Undertakings Consequences View all pages View individual pages   Reproduced with permission of Norton Rose Fulbright in accordance with their legal notice and disclaimers.
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Roe v Link-up (Qld) Aboriginal Corporation [2012] QDC 36 This is a useful decision reviewing the decisions below in the context of an application asserting a deemed admission under UCPR 166, the circumstances when a Reply is required and the added combination of a request for particulars. Ballesteros v Chidlow & Anor No 2 [2005]...
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GEJ & MA Geldard Pty Ltd v Mobbs & Ors (No 3) [2011] QSC 297 I refer to my earlier postings about the trial and contribution issues. The matter returned to argue whether the judgment amount should be apportioned for the “settling defendants” payment, interest and indemnity costs under UCPR 360. Ann Lyons J: Apportionment:...
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 WorkCover Queensland v Amaca Pty Limited and Anor [2011] QSC 282 I refer to my several earlier postings in respect of this statutory recovery matter. Its journey started via a Case Stated application and then proceeded to the High Court in respect of Q 4. It continues now in respect of the substantive case and...
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