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QLD Bar Exam - Civil Procedure AI Flashcards > AI Flashcards > Flashcards

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1
Q

What is the jurisdiction of the Supreme Court of Queensland?

A

Unlimited jurisdiction to hear any dispute.

Refer to s58 of Constitution of Queensland

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2
Q

What is the monetary limit for the District Court according to the District Court Act?

A

$750,000

Refer to ss68(1) and (2) of District Court Act

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3
Q

What is the monetary limit for the Magistrates Court as per the Magistrates Courts Act?

A

$150,000

Refer to ss2 of Magistrates Courts Act

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4
Q

Does the Magistrates Court have general powers to grant equitable or declaratory relief?

A

No

Refer to s4 of Mags Courts Act and Chief Executive Department of Transport v Glasgow

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5
Q

What is the principle emphasized in the case Aon Risk Services Australia Ltd v Australian National University?

A

A party’s ability to present all of the issues at trial is paramount

The case involved a settlement and a subsequent application for leave to amend a claim

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6
Q

What does the Rule’s reference to minimizing costs imply?

A

An order for costs may not always provide sufficient compensation

It suggests that achieving a just resolution involves more than allowing a party to raise any arguable case at any point

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7
Q

What is the starting point for proceedings according to r8(1)?

A

Proceedings start when originating process is issued

Issued means filed in court

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8
Q

What types of processes are included when defining ‘proceeding’?

A
  • claim
  • application
  • notice of appeal
  • notice of appeal subject to leave

Refer to r9 and related rules

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9
Q

What must be included in statements according to r149?

A

Brief, material facts to prevent surprise

The function is to clearly state the case and ensure fair proceedings

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10
Q

What is required if a party denies a condition precedent in pleadings?

A

Must specifically plead the denial

Refer to r153

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11
Q

What happens if a party fails to comply with an order to provide particulars under r161?

A

Judgment can be ordered against the non-compliant party

Refer to r163

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12
Q

What is the consequence of failing to comply with r166 regarding denials?

A

The allegation is deemed admitted

This emphasizes the importance of providing a direct explanation for belief in the denial

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13
Q

What does r171 address regarding pleadings?

A

The discretion to strike out pleadings

It focuses on clear cases, especially when the pleaded case is circumstantial

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14
Q

What does the court consider when determining whether to strike out pleadings?

A
  • Clear cases only
  • Prejudice or delay to a fair trial
  • Scandalous or vexatious claims

Refer to various cases illustrating these factors

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15
Q

What is required for preliminary disclosure as per r208B?

A

Evidence about identity or whereabouts of prospective defendant or documents

Applicant must establish right to relief and reasonable inquiries attempted

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16
Q

What does r212 state regarding privilege from disclosure?

A

Includes legal professional privilege, self-incrimination, and public interest

Privilege can be waived unintentionally

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17
Q

What must be disclosed according to r212(2) regarding expert reports?

A

Expert reports and draft reports must be disclosed

Communications with experts may be privileged if related to litigation

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18
Q

What is the time frame for filing a challenge to a claim of privilege?

A

7 days from making the challenge

Must file and serve an affidavit

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19
Q

What is the outcome if a party’s pleading is struck out under r171?

A

The party may be permitted to re-plead unless the case is fundamentally flawed

This reflects the court’s approach to ensure fair trial processes

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20
Q

What type of documents are not considered privileged according to Mazelow Pty Ltd v Herberton Shire?

A

Working papers, source materials, etc.

Reference to Interchase Corp v Grosvenor Hill

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21
Q

What is the requirement for personal injury claims under r545(1)?

A

More onerous requirements

Specific to personal injury claims

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22
Q

What must a party do if they challenge a privilege claim?

A

File and serve an affidavit within 7 days of making the challenge

Relevant to the process of challenging privilege

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23
Q

What is the consequence of not providing a List of Documents in the proper form as per r214?

A

Cost consequences

Central Queensland Mining Supplies v Columbia Steel Casting Co

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24
Q

What is the timeline for document production from the close of pleadings?

A

28 days

Refer to r214(2)(c)

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25
Who bears the cost of copying documents during disclosure?
The disclosing party, unless ultimately successful in litigation ## Footnote Belela v Menzies Excavating
26
What must be arranged for documents produced for inspection?
They must be arranged in an easily accessible way, capable of convenient inspection ## Footnote Refer to r217 & Altmann v IOOF of Victoria
27
What happens if a party fails to inspect documents at the correct time?
Costs may be awarded for subsequent inspection ## Footnote Relevant to the timing of inspections
28
When can documents relating only to damages be disclosed?
Only if another party requests their disclosure ## Footnote Refer to r221
29
What happens if an unambiguous reference is made to a document in a pleading?
The other party may request disclosure ## Footnote Refer to r222 & Amos v Brisbane City Council
30
Can r222 be used to override professional privilege?
No ## Footnote Refer to Balnaves v Smith
31
What are the conditions under which an order will be made according to r223?
Special circumstances or objective likelihood that duty hasn’t been complied with ## Footnote BTU Group v Noble Promotions
32
What does confidentiality not confer according to Science Research Council v Nasse?
Protection in-of-itself ## Footnote Important for understanding confidentiality in legal contexts
33
What can a court do if it finds that a party is abusing disclosure for gaining access to trade secrets?
Excuse the party from duty of disclosure ## Footnote Refer to Coster v Bathgate
34
What can the court postpone if it serves the interests of justice?
Disclosure of evidence ## Footnote Refer to Stephan v NRMA
35
What is the restriction imposed by Rule 225(1) regarding non-disclosed documents?
Restriction to right to tender non-disclosed document, but is discretionary ## Footnote Dougmax v Hodges
36
What must a solicitor with conduct certify at trial according to Rule 226?
That disclosure has taken place ## Footnote Relevant to proper conduct in legal proceedings
37
What is required for interrogatories under r228?
An order from the court ## Footnote Important for evidence gathering
38
What is the purpose of non-party disclosure according to r242 - 249?
Not for 'fishing', only for directly relevant documents ## Footnote Naskam Security Services v Adarm Security
39
What must be included in Notice as per Form 21 under r243?
Specific inclusions as set out in the rule ## Footnote Important for proper notice procedures
40
What happens if someone objects to a Notice?
They must do so in writing, and the court can hear after 7 days has passed ## Footnote Relevant to objection procedures
41
What can the court do after receiving an objection to a notice?
Expand the scope of the request ## Footnote Lin v Lin
42
What can the court order regarding the preservation of rights and property under r250?
Inspection, detention, custody or preservation of property ## Footnote Important for property-related proceedings
43
What is the standard for making an order for inspection in Wilsons Ceramics Pty Ltd v Panaenius Australia Pty Ltd?
A prima facie case of infringement must be established ## Footnote Relevant to intellectual property cases
44
What limits the court's power to enter premises to recover property?
Only identified premises can be entered ## Footnote Relevant to property recovery procedures
45
What is required to invoke the inherent jurisdiction of the court to dismiss a case for want of prosecution?
Contumelious delay or ignoring of orders ## Footnote Birkett v James
46
What factors must be considered when applying discretion for dismissing a case?
* How long ago events occurred * How long litigation has been ongoing * Plaintiff’s prospects * Disobedience of court orders * Attributed causes of delay * Prejudice due to delay ## Footnote Important for understanding dismissal criteria
47
What must the court be satisfied of to grant summary judgment under r292?
No real prospect of successfully defending and no need for a trial ## Footnote Important for summary judgment applications
48
What does the term 'no real prospect of succeeding' imply?
There must be a high degree of certainty about the outcome if the case goes to trial ## Footnote Shaw v Deputy Commissioner of Taxation
49
What should not be exercised if proper amendment can improve a party's position?
Summary judgment ## Footnote Chen v ANZ
50
What was the outcome of the appeal in Shaw v Deputy Commissioner of Taxation?
Appeal allowed, new orders refusing summary judgement, application remitted for further consideration.
51
What must a defendant show to avoid a trial on proceeding according to Miles v Bull?
There’s no need for a trial on proceeding, but should be refused if there are circumstances that ought to be investigated.
52
What does rule r292 require to be satisfied for summary judgement?
Both limbs need to be satisfied; the test is whether there is a realistic, as opposed to fanciful, prospect.
53
True or False: The court can make any order inconsistent with rules as long as it is in the interests of justice.
True
54
What is the effect of a mere irregularity according to r371?
It is a mere irregularity, rather than nullity; the court can rectify by making a remedial procedural order.
55
What are examples of irregularities in court proceedings?
* Withdrawing admissions made in defence without leave * Amending pleadings without leave * Failure to endorse a claim properly for service outside Qld
56
Fill in the blank: Leave is required to amend _______.
[originating process]
57
What must a party do if no step is taken for two years according to r389?
Court’s leave is required.
58
What is the main purpose of providing appropriate directions to experts under r423?
To guide experts on their duty and how to give their evidence.
59
What is required for expert evidence to be admissible according to r429G?
Evidence in chief by the report; can only be tendered if disclosed; must produce expert for cross-examination.
60
Under what conditions can hearsay be admissible in interlocutory applications?
It must be based on information and belief of the deponent and the grounds for those beliefs.
61
What are the key considerations for an interlocutory injunction?
* Prima facie case * Plaintiff will suffer irreparable damage * Inconvenience/injury to plaintiff outweighs injury to defendant
62
True or False: An injunction can be used to convert a plaintiff into a secured creditor.
False
63
What must an applicant provide when seeking an injunction?
An undertaking to pay damages to a person affected by the injunction order.
64
Fill in the blank: The court has the inherent jurisdiction to prevent a party from disposing of assets with the intention of _______.
[frustrating the enforcement of a judgment]
65
What is required for the balance of convenience when granting a freezing order?
It must favour granting the order.
66
What does rule r429K state regarding changing an expert's opinion?
Expert must do so as soon as practicable after they change their opinion.
67
What is the significance of the Beecham formulation in establishing a prima facie case?
It emphasizes that the establishment of a prima facie case depends on the evidence remaining as it is.
68
What does r430(1) state about hearsay in affidavits?
Usually, no hearsay is allowed.
69
What is the requirement for the report according to r429H?
Requirements for Report are set out in r429H.
70
What happens to scandalous and oppressive affidavits according to r440?
They can be removed from the file, destroyed, or the offending matter struck out.
71
What is the purpose of Rule 260 in relation to Mareva Orders?
It handles the freezing orders under UCPR ## Footnote Mareva Orders prevent a defendant from dealing with assets to ensure they are available to satisfy a potential judgment.
72
What is the maximum duration for a Mareva Order without notice?
Until the return date of the application ## Footnote This is specified in Practice Direction regarding freezing orders.
73
What should the affidavits in support of a Mareva Order address?
* Basis for claim of substantive relief * Amount of the claim * Applicant’s knowledge of any possible defense * Nature and value of respondent’s assets * Identities of any third parties ## Footnote These are critical for justifying the need for a freezing order.
74
What are Anton Piller Orders also known as?
Search Orders ## Footnote They allow a party to search a defendant's premises to prevent the destruction of evidence.
75
What is required for a Search Order under Rule 261A?
* Strong prima facie case on cause of action * Serious potential or actual loss/damage * Evidence that respondent possesses important evidentiary material * Real possibility of destruction of evidence ## Footnote These criteria are crucial for justifying the issuance of a search order.
76
What is the role of the Independent Solicitor in a Search Order?
* Serve order and application * Explain search order and right to legal advice * Supervise carrying out of order * List items before removal * Submit written report to court ## Footnote The Independent Solicitor ensures the legality and fairness of the search conducted.
77
What characterizes a matter placed on the Supervised Case List?
Length of trial exceeding 5 days or greater demand on resources ## Footnote This designation helps manage complex cases effectively.
78
What is required from parties for cases on the Supervised Case List?
Complete a questionnaire ## Footnote This helps the court assess the need for supervision and direction.
79
What does the Commercial List apply to?
All commercial matters, existing and future, commenced in or transferred to the Brisbane Registry ## Footnote This includes various commercial disputes such as contracts, insurance, and intellectual property.
80
What must be established for a matter to be placed on the Commercial List?
Issues involved are of a general commercial character ## Footnote This includes trade and commerce-related issues.
81
What is the overarching purpose of the Federal Court Act as per Section 37M?
To facilitate the just resolution of disputes quickly, inexpensively, and efficiently ## Footnote This principle aligns with the goals of the UCPR.
82
What is required in a Genuine Steps Statement?
To be filed in civil proceedings according to Form 16 for the Applicant ## Footnote It outlines the steps taken to resolve the dispute before litigation.
83
What must pleadings state according to Rule 16.02?
* Material facts * Statute relied on * Relief sought ## Footnote Pleadings must avoid scandalous or frivolous material.
84
What are the circumstances under which Summary Judgment may be granted according to Rule 26.01?
* No reasonable prospects of success * Frivolous or vexatious claims * No cause of action disclosed ## Footnote This rule allows the court to dismiss cases that do not meet legal standards.
85
What is the standard for discovery as per Rule 20?
Only documents that are directly relevant ## Footnote This aims to streamline the discovery process and reduce unnecessary costs.
86
What is required for an application for discovery beyond critical documents?
Must apply to the Judge ## Footnote This ensures that additional disclosure is justified and necessary for the case.
87
In what cases can the court dispense with rules according to Rule 1.34?
When it considers it appropriate in the interests of justice ## Footnote This allows for flexibility in the application of procedural rules.
88
What must a lawyer certify before making allegations in pleadings?
That there is a proper basis for each allegation ## Footnote This requirement helps maintain the integrity of legal proceedings.
89
What is the timeframe for filing a defence as per Rule 16.32?
28 days ## Footnote This establishes a clear timeline for responding to claims.
90
What must be included in an affidavit according to Part 29?
A table of contents if more than ten pages ## Footnote This aids in organizing and referencing lengthy affidavits.
91
What happens if a party fails to comply with a direction as per Section 37P(5)?
The court has the power to make any order or direction it thinks appropriate ## Footnote This ensures compliance and accountability in legal proceedings.

QLD Bar Exam - Civil Procedure AI Flashcards (1 decks)

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