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). 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). 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”. 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). 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. Nor, if a document sought is not directly relevant to an allegation in issue, does it matter whether or not it is a document which may fairly lead the party requiring discovery to a train of inquiry, which may have either of these two consequences: Mercantile Mutual Custodians Pty Ltd v Village/Nine Network Restaurants & Bars Pty Ltd [2001] 1 Qd R 276; [1999] QCA 276, [7] (Pincus JA, Byrne J and McMurdo P agreeing). 1 0 obj Breach of such an undertaking strikes at the heart of the process of disclosure which is meant to ensure that each party is fully informed of the strengths and weaknesses of the case against them. 2. this New cases since then have been restricted to hotel or home quarantine. Where the court is in doubt, it may be appropriate in some circumstances to order a party to file and serve an affidavit stating whether a specified document or class of documents does not exist or has never existed provided there are special circumstances and the interests of justice require it. Planning tips and checklists Hosting a party at home or at a local venue can be great fun. If a party is getting out of control and someone is in danger, call Triple Zero (000) If your party is getting out of control and you need help, call your local police station or Policelink (131 444) Everyone enjoys going to a party or hosting one. Confidentiality will not, of itself, provide protection from disclosure. The provision relating to the contents of the notice require an applicant to restrict the ambit of disclosure to documents directly related to allegations in issue in the pleading and thereby relieves the non-party of the oppressive need to make a judgment as to which of his documents may relate to an issue in the pleadings: Leighton Contractors Pty Ltd v Western Metals Resources Ltd [2001] 1 Qd R 261; [2007] QSC 27, [10] (Mackenzie J). <>/OutputIntents[<>] /Metadata 176 0 R/ViewerPreferences 177 0 R>> If a case is made out for disclosure, then a suitably-tailored order should be made, rather than simply expect disclosure to be made in accordance with Part 1 of Chapter 7: Waratah Coal Pty Ltd v Nicholls [2013] QSC 68, [133] (Applegarth J). Thursday marks 14 days since a known case of coronavirus was in the community. the State of Queensland and the Supreme Court of Queensland Library Committee, with the support of

Rule 209(1)(c) contemplates that the Court may direct that disclosure by parties in accordance with Part 1 of Chapter 7 take place in a proceeding started by application. 2 0 obj Similarly, interrogatories that go only to establish the decision maker’s understanding of the law or her opinions as to her own compliance with procedures will not be allowed since these are matters for the Court’s determination: Tientjes v Chief Executive, Department of Corrective Services [2004] QSC 100, [13] (Jones J).

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