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Searching Content indexed under Court Procedure by Colin Biggers & Paisley ordered by Published Date Descending.
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1
Admissibility of expert opinion evidence
What happens when the expert ventures outside the realm of specialised knowledge?
Australia
14 Aug 2019
2
What will be the effects of the Civil Liability (Institutional Child Abuse) Amendment Bill 2018?
The purpose of this Bill is to bring Queensland's response to institutional child abuse into line with the other states.
Australia
4 Feb 2019
3
Setting aside subpoenas in the context of notices to provide information and records: Port Macquarie-Hastings Council v Mansfield
Subpoenas in criminal proceedings issued based on knowledge from a section 9.22 notice may be at risk of being set aside.
Australia
12 Dec 2018
4
Montreal Convention time bar proves fatal to airline passengers claim
Be conscious of the time limitation period and take appropriate steps to ensure that the correct defendant is sued in time.
Australia
7 Nov 2018
5
Planning and Environment Court declares non-compliance due to electronic error during public notification
The Court's discretion to deal with non-compliance had been preserved, so the submissions continued to be relevant.
Australia
13 Jun 2018
6
Planning and Environment Court in Queensland fines campground operators for contempt of court for continued unlawful use of land
Court orders required the respondents to cease providing temporary accommodation for campervans and tents on the land.
Australia
13 Jun 2018
7
Land Court of Queensland found that making a vigorous case is not inconsistent with the duties of a model litigant
The Court found that the Valuer-General's conduct was neither frivolous nor vexatious nor unmeritorious as alleged.
Australia
13 Jun 2018
9
Land Court of Queensland refuses to strike out one claim for compensation but prevents another after finding an estoppel
Interesting Queensland case involving a claim for compensation, development offence, abuse of process and estoppel.
Australia
12 Jun 2018
10
Queensland Planning and Environment Court re-enlivens a lapsed development approval where the relevant Council was not opposed the re-enlivening
The Court decided that it was appropriate to exercise its discretion and re-enlivened the lapsed development approval.
Australia
1 Jun 2018
11
Queensland Planning and Environment Court awards costs against the Council following an unsuccessful joinder application
The Court determined that an application to join Queensland Rail to the proceedings did not advance the public interest.
Australia
1 Jun 2018
12
Queensland Court of Appeal dismisses claims of procedural unfairness and upholds validity of Environmental Protection Order
The Court of Appeal held that the grounds attacking the validity of the EPO must fail and upheld the validity of the EPO.
Australia
1 Jun 2018
13
Queensland Planning and Environment Court refuses to join Queensland Rail as a party to an appeal concerning a condition requiring works on land leased by Queensland Rail
The Court found that there was no reasonable basis upon which to join Queensland Rail as a party to the proceedings.
Australia
1 Jun 2018
14
Queensland Supreme Court found that the usual rules as to costs applied, despite the public interest character of the proceeding
The Court decided that there was no reason to depart from the usual order as to costs or to reduce the quantum of costs.
Australia
1 Jun 2018
15
Managing Expectations: the Queensland Land Court new Practice Directions
Guide on how new Practice Directions operate, and what parties should expect when appearing before the Land Court.
Australia
23 May 2018
16
Court sets aside a decision of the Building and Development Committee on the basis of improper constitution and consideration of irrelevant matters
The Court ordered that the appeal be remitted, with a new committee according to law and an architect as the chairperson.
Australia
6 Apr 2018
17
The Court ordered the recovery of some, but not all costs in respect of proceedings for enforcement orders
This case concerned an application for costs, including investigation costs, in relation to an enforcement order.
Australia
5 Apr 2018
18
Court found permissible change request made to incorrect entity
This case concerned some preliminary issues in an appeal against the decision to refuse the permissible change request.
Australia
5 Apr 2018
19
The Court has a discretion to grant an order for costs when an application is brought without a reasonable prospect of success
The Court found that the owner never had any reasonable prospect of success and ordered that the owner pay all costs.
Australia
5 Apr 2018
20
No presumption that costs should follow the event
The Court considered that the issue to award costs was a balancing exercise between public interest and appeal success.
Australia
5 Apr 2018
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