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QCAT or SCQ for Administrator?

QCAT or SCQ for Administrator?

JDM v Hodges [2019] QSC 65BACKGROUNDThe applicant who was an adult at the time of the hearing participated in a car accident that caused death of her grandmother, physical injury to her mother and chronic post-traumatic stress disorder to herself. As the result of her...
Bankruptcy or Part IX / X Agreement?

Bankruptcy or Part IX / X Agreement?

INTRODUCTIONIf you are unable to get your debts under control, it might be time to think about taking action. Two common solutions are signing a debt agreement or filing for bankruptcy.Bankruptcy is a process where a bankruptcy trustee is appointed to administer your...
Anti Political Discrimination $1.45 M

Anti Political Discrimination $1.45 M

Davis v Metro North Hospital and Health Service & Ors [2019] QCAT 18BRIEF FACTS The applicant in this matter, a politician who publicly criticised the government, applied for a medical officer position at a hospital. This role for which he was the only qualified...
Damages or Debt? Retention of Title…

Damages or Debt? Retention of Title…

Garmin v B & K Holdings (Qld) Pty Ltd [2018] QCA 353This case was an appeal against a refusal of the primary judge to grant summary judgment. RELEVANT GLOSSARY A claim for damages is a claim for compensation for a loss suffered by one person as the result of...
Original Will Lost

Original Will Lost

Re Ambrose [2019] QSC 3What happens when the original will of a deceased is lost?The question was asked in this case when the solicitor of the deceased presented the court with a photocopy of the will and requested a probate of the document. The solicitor was the sole...
Knock Knock, It’s Anton Piller Time

Knock Knock, It’s Anton Piller Time

An Anton Piller Order is one of two civil litigation procedures commonly regarded as “legal nuclear weapons”, the other being the Mareva Injunction Order. It is a confronting measure, only taken when there is genuine concern that documents or materials upon which an...
What is Legal Professional Privilege?

What is Legal Professional Privilege?

Legal Professional privilege is a protection vehicle of certain communications against being disclosed, which thereby assists the administration of justice.  It provides clients confidence to make full and frank disclosure to their lawyers. There are three types of...
Freeze!  I Have an Injunction!

Freeze! I Have an Injunction!

If you suffer a civil wrong, you will probably consider the question: ‘Can I get my money back?’. A large part of the answer may be found in a so-called freezing order, also known as a Mareva order or Mareva injunction.  It is named after the second reported case in...