Proposed Supreme Court Sittings – Southport


Re: Southport Circuit sittings 2 September 2019 – 13 September 2019 The Supreme Court of Queensland is currently finalising its calendar for the period July 2019 to January 2020. The Court proposes to hold a circuit at Southport for two weeks from 2 September 2019 to 13 September 2019 for both criminal and civil matters. [...]

CASE NOTE: Way & Anor v Primo Rossi Pty Ltd & Anor [2018] QCA 203


Way & Anor v Primo Rossi Pty Ltd & Anor [2018] QCA 203 This appeal from a decision of Muir DCJ in the District Court at Southport to the Court of Appeal involved a consideration of Rule 389 of the Uniform Civil Procedure Rules 1999 (“UCPR”) which is produced below for convenience sake: “389 [...]

CASE NOTE: JM Family Holdings Pty Ltd & Anor v Owltown Pty Ltd & Anor


JM Family Holdings Pty Ltd & Anor v Owltown Pty Ltd & Anor [2018] QCA 260 This appeal was heard by Court of Appeal Justices Fraser and McMurdo but the leading judgment was that of Justice Bond of the Trial Division of the Court of Appeal with whose reasons Fraser and McMurdo JJA agreed. [...]

Communication with the Bench – Do I or Don’t I


Practitioners involved in litigation in any of our Courts or Tribunals are often faced with the prospect of having to communicate with a judicial officer or registry staff in relation to a contentious issue. This may often be done in the context where one’s opponent may, shall we say, be less than cooperative than one [...]

Legal profession: limitation period on costs assessment, itemised bills


Qld Law Group – A New Direction Pty Ltd v Crisp [2018] QCA 245 Decision date: 28 September 2018 Sofronoff P; Morrison JA; Philippides JA The applicant firm represented the respondent in a proceeding which settled. On 28 April 2015, the applicant sent the respondent a letter which calculated the amount payable to the [...]

Court of Appeal win for bodies corporate


In the recent Court of Appeal decision of Miles & Anor v Gough & Ors [2017] QCA 190, the Court heard an appeal against a decision of Senior Member Brown in the Queensland Civil and Administrative Tribunal. The decision of her Honour Chief Justice Holmes is an important decision for those involved in the [...]

District Court Practice Direction – Outlines of Argument


The District Court has issued Practice Direction 1 of 2017 in relation to the preparation and delivery of written outlines of argument for matters in the Applications List of the District Court. A copy of the Practice Direction can be downloaded here.

Limitation Periods In Historical Sexual Assault Cases


The Victorian Court of Appeal in Connellan v Murphy (2017) VSCA 116 (22 May 2017) (Priest, Beach and Kaye JJA) had cause to consider the Victorian Limitation of Actions Act in relation to a claim for damages for alleged sexual assaults occurring almost 50 years ago. In particular the Court had to consider whether or [...]

Law firm’s Costs Agreement set aside by QCAT


Mr Ben Strangman was recently involved in a matter to do with setting aside a law firm’s cost agreements, pursuant to section 328 of the Legal Profession Act 2007 (Qld). The matter was heard by his Honour Justice Thomas and his decision was handed down on 18 January 2017. The decision serves as a warning to [...]

Short-term letting of residential lots in strata schemes, using sites like Airbnb and Couchsurfing, found to be valid by Victoria Supreme Court


Last week the Victorian Supreme Court handed down its decision on an appeal brought by the Owners Corporation for the Watergate Apartments, located at Docklands in Melbourne. The decision involved the validity of a by-law, which sought to restrict the types of leases lot owners could enter into, namely to those leases that exceeded 30 [...]