Restrictions on gatherings, aged care homes and hospitals in southeast Queensland will be lifted from 1am tomorrow, as the state records no new COVID-19 cases. back to you soon. The applicant would not be precluded from seeking production of a document merely because the affidavit referring to it had been filed in an application completed before the request for inspection: Century Drilling Ltd v Gerling Australia Insurance Co Pty Ltd [2004] 2 Qd R 481; [2004] QSC 120, [14] (Holmes J). Picture: NCA NewsWire / Dan PeledSource:News Corp Australia. Orders should be made under r 230(1)(b) in favour of the applicant in circumstances in which they would assist it to decide whether and how to proceed with the existing litigation and whether it will facilitate the just and expeditious resolution of the real issues in the case at a minimum of expense: Pacific Century Production Pty Ltd v Netafim Australia Pty Ltd [2004] 2 Qd R 422, [23] (Douglas J). Hiker films himself chased by aggressive cougar for six minu... Sydney Airport boss expects Asia travel from “first half of ... Virgin Australia business class passenger slams 2-minute noo... Australia’s plan to open borders to NZ comes with $3000 pric... Virgin Australia boss hits out at ‘flight shaming’ trend. Privilege may however be claimed in relation to communications between the expert and the solicitor (both ways) when such communication is made for the purpose of confidential use in the litigation: Interchase Corporation Ltd (in liq) v Grosvenor Hill (Qld) Pty Ltd (No 1) [1999] 1 Qd R 141, 162 (Thomas J). this

The right of a party to object to a notice given by another party to a non-party who may or may not be disposed to object is subject to leave being given and must be closely confined to ensure that it does not become a standard ploy in litigation: CSR Ltd v Casaron Pty Ltd [2003] QSC 126, [6] (Mackenzie J). Where there is a request for copies of documents referred to in a list, it is part of the obligation to make disclosure for the disclosing party to deliver copies, and by implication, to produce those copies at its own expense: Belela Pty Ltd v Menzies Excavation Pty Ltd [2005] 2 Qd R 230, 231 (McMurdo J). In relation to r 245(4)(f), mere likelihood that production of documents would prejudice a defendant’s prospects of success in a trial would not be a valid basis for objection: CSR Ltd v Casaron Pty Ltd [2003] QSC 126, [2] (Mackenzie J). 2 0 obj An interrogatory will be disallowed if the form of question assumes a fact which has not been admitted by the party being interrogated:Tientjes v Chief Executive, Department of Corrective Services [2004] QSC 100, [19] (Jones J). . Picture: NCA NewsWire / Dan PeledSource:News Corp Australia. In a case where documents are described by reference to a class, a notice of non-party disclosure would be more likely to survive objection based on r 245(4)(c) if it described documents by reference to contents demonstrating relevance to an issue than if it defined the class by reference to a tendency to prove facts relating to an issue: CSR Ltd v Casaron Pty Ltd [2003] QSC 126, [6] (Mackenzie J).

news.com.au — Australia’s leading news site. Mr Miles reiterated his “disappointment” in the Federal Government’s decision to withdraw ADF troops from the Queensland border, saying it would be extra pressure on Queensland Police. Such a course avoids exposure to an accusation of having given inadequate disclosure and thereby having failed to meet an obligation under the Rules or a court order: Central Queensland Mining Supplies Pty Ltd v Columbia Steel Casting Co Ltd [2011] QSC 183, [16]-[17] (Applegarth J), citing Mercantile Mutual Custodians Pty Ltd v Village/Nine Network Restaurants & Bars Pty Ltd [2001] 1 Qd R 276, [7]. An application for leave to deliver interrogatories may be made ex parte, although the Court may exercise its discretion to require notice to be provided to the party to be interrogated: Pacific Century Production Pty Ltd v Netafim Australia Pty Ltd [2004] 2 Qd R 422, [1] (Douglas J).

It is sufficient to demonstrate that, in all the circumstances, there is good reason why, contrary to the usual position, documents produced or information obtained in one piece of litigation should be used for the advantage of a party in another piece of litigation or for other non-litigious purposes: Corbiere v QPCU Limited [2018] QSC 32 (Lyons SJA) at [16]. Interrogatories will not be allowed where the questions go to extraneous or irrelevant matters, sometimes described as “fishing expeditions”, or which ask hypothetical questions. 1.1 These Rules apply to all solicitors within Australia, including Australian-registered foreign lawyers acting in the manner of a solicitor. <> 2 Purpose and effect of the rules 2.1 The purpose of these Rules is … Documents referred to in an exhibit to an affidavit do not fall within the ambit of r 222: Century Drilling Ltd v Gerling Australia Insurance Co Pty Ltd [2004] 2 Qd R 481; [2004] QSC 120, [13] (Holmes J). “It’s pretty incredible if you look at what happens around the world. Rule 242(2) applies only when the forensic purpose of a notice under r 242(1) is the proof of a matter in the document. In circumstances where there is no inconsistency between the conduct of the client and the maintenance of confidentiality, there is no waiver of legal professional privilege: Balnaves v Smith [2008] 2 Qd R 413; [2008] QSC 215, [17] (Douglas J). Where a party has performed its duty of disclosure by the production of documents under r 216(1)(a), the only list it is required to produce is the one referred to in r 217(3)(c), namely a list of the documents for which it claims privilege: Shannon v Park Equipment Pty Ltd [2008] 1 Qd R 299; [2006] QSC 284, [7], [9] (Atkinson J). Ordinarily, the contest does not proceed to a final resolution of disputed questions of fact. A party gaining access to a document pursuant to a notice of non-party disclosure is subject to an implied undertaking not to use it except for the purpose of the litigation: Westsand Pty Ltd v Johnson (Unreported, Qld Supreme Court, 15 November 1999), [14] (Wilson J). The right to claim privilege in respect of medical reports based upon video surveillance is abolished by r 212(4): Coster v Bathgate [2005] QCA 210, [14] (McMurdo P, Muir and Philippides JJ).

State government election participants. Whether or not the respondent to a notice of non-party disclosure is a “party” within the meaning of Chapter 17A, r 249 does not require it to serve a “cost statement in the approved form”. Copies of non-privileged documents are privileged if the copies are brought into existence solely for the purpose of obtaining or giving legal advice or solely for use in litigation that is pending, intended or reasonably apprehended: Brophy v Dawson [2003] QSC 346, [9] (Jones J), citing Commissioner of Australian Federal Police v Propend Finance Pty Ltd (1997) 188 CLR 501, 509. This requires something more than the issuing party simply referring the recipient to paragraphs in the pleadings.

“It’s time for the Federal Government to stop using the ADF as a bargaining chip in their war against our border restrictions,” he said. 4 0 obj

Thirdly, if, because of the number, size, quantity or volume of the documents or some of the documents, it is not convenient for a party to deliver a list and copies, then the court will order their production. Mr Miles said he was confident in the rapid response capabilities in Queensland, and that the softening border would be closely monitored for any new cases. Corbiere v QPCU Limited [2018] QSC 32 (Lyons SJA) at [19]. The addition of the qualifying words "as relevant and as being what it purports to be" was merely to overcome what in a substantial number of cases are threshold obstacles to the reception of a document by providing for the two presumptions based on disclosure of the document. There must be a real risk of the misuse of the information that, when considered against the potential for an injustice to a party by being denied full access to directly relevant material, warrants a departure from the normal operation of the Rules: Seeker Aircraft America Inc v Seabird Aviation Australia Pty Ltd [2013] QSC 121, [24] (McMurdo J). The Court is empowered to authorise interrogation for both identity and information discovery: Pacific Century Production Pty Ltd v Netafim Australia Pty Ltd [2004] QSC 63, [21]-[22] (Douglas J).

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A written notice of the respondent’s reasonable costs and expenses would suffice: NJH Pty Ltd v Billabong International Limited [2010] QSC 239, [22] (Wilson J). All times AEDT (GMT +11). If for this or any other reason such masking would detract from a proper understanding of the meaning and significance of the admittedly relevant parts of the document, then such masking is not justified.

The Queensland Deputy Premier Steven Miles took the morning media opportunity to hit back at the Federal Government’s ongoing “war” against the Palaszczuk Government. The fact that a simple and cheap alternative means of obtaining the information exists is clearly a most relevant factor in the exercise of the discretion but, beyond that, the Rule does not appear to allow generalisations about the circumstances in which it will be appropriate to grant leave: Cross v Qld Rugby Football Union & Anor [2001] QSC 173, [17] (Chesterman J). Annastacia Palaszczuk has relaxed her strict border bans by opening her state to people from Byron Shire, Ballina Shire, Lismore Council, Richmond Valley Council and Glen Innes Shire. The requirement of “direct” relevance contemplates a document tending to prove or disprove an allegation in issue.

For the best experience viewing It is, in other words, a measure designed to cut down expenses of the disclosure process. Where no valid request for disclosure of a document is made under r 221, r 225(1)(a) does not operate to inhibit the tendering of such a document in evidence: Fribance v Hall Contracting Pty Ltd [2001] 1 Qd R 11, 13 (Fryberg J). Accordingly, in the absence of any reason to protect the part of the document for reasons of commercial sensitivity, the document should be disclosed in its original form: Menkens v Wintour [2007] 2 Qd R 40; [2006] QSC 342, [13] (Mackenzie J), citing Telstra Corporation v Australis Media Holdings (Unreported, Supreme Court of New South Wales, McLelland CJ in Eq, 10 February 1997). Interrogatories are appropriate where a party does not have knowledge of the facts necessary to advance his case: Cross v Qld Rugby Football Union [2001] QSC 173, [18] (Chesterman J). Rule 243(2) recognises the intrusion involved in inspecting a non-party's documents and the fact that persons may have a legitimate ground to object which must be taken account of as well as legitimate claims of the party to obtain information relevant to the action and the wider public interest in the due administration of justice.

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