Jurisdiction, Philosophy, & Starting Proceedings

Question 1

What disputes can be heard by the Supreme Court of Qld?

Answer 1

SCQ has unlimited jurisdiction to hear any dispute.

s58 Constitution of Queensland

Question 2

Where is the power to move matters up or down from the Supreme Court?

Answer 2

ss52(1) and (2) of Civil Proceedings Act (Qld)

Question 3

What is the monetary limit of the District Court?

Answer 3

$750,000

ss 68(1) and (2) of the District Court Act

Question 4

What powers does the District Court have when deciding matters?

Answer 4

Same powers as the Supreme Court

s69 District Court Act

Question 5

What is the monetary limit of the Magistrates Court?

Answer 5

$150,000

ss2 of the Magistrates Court Act

Question 6

Are there limitations to the powers in the Magistrates Court?

Answer 6

No general powers to grant equitable or delcaratory relief

s4 of the Magistrates Court Act
Chief Executive Department of Transport v Glasgow

Question 7

What is the purpose of the UCPR?

Answer 7

To facilitate the just and expeditious resolution of the real issues in civil proceedings at a minimum of expense.

Rule 5

Question 8

Pursuant to Rule 5 (4) what can a court do if a party does not comply with the rules or an order of the court?

Answer 8

The court may impose appropriate sanctions.

(e.g impose costs or dismiss a proceeding).

Question 9

What case deals with Rule 5?

Answer 9

Aon Risk Services Australia Ltd v Australian National University

Question 10

What is the principle in AON v ANU?

Answer 10

Speed and efficiency, in the sense of minimum delay and expense are seen as essential to a just resolution of proceedings.

This should not detract from a proper opportunity being given to the parties to plead their case, but suggests that limits may be placed upon re-pleading, when delay and costs are taken into account…

Question 11

Philosophy can assist to deny an adjournment - name the case.

Answer 11

Nguyen v Phan & Nguyen

Question 12

Philosophy can assist to limit disclosure to expedite a matter - name the case.

Answer 12

Mercantile Mutual v Village

Question 13

Philosophy can assist to allow adjournment for more expert evidence (if fair) - name the case.

Answer 13

Allianz v Mashaghati

Question 14

Philosophy can assist to discourage unnecessary interlocutory proceedings - name the case.

Answer 14

Bullen v G Jame Extrusion

Question 15

Philosophy can assist with consideration for setting of trial dates - name the case.

Answer 15

Hemmings v Suncorp Metway

Question 16

Philosophy can assist with referral to mediation even if one party opposes - name the case.

Answer 16

Look Design and Development v Sweeney

Question 17

Philosophy can assist with giving some latitude to sel-rep litigants but not to injustice or prejudice or impact on expeditious resolution - name the case.

Answer 17

Mbuzi v Hall

Question 18

Philosophy can assist with sanctions - Costs - name the case.

Answer 18

Rapid Roofing v Natalise Pty Ltd

Can result in reduced fees recovered if court considers successful party breached.

Question 19

Philosophy can assist with sanctions - Dismissal of Proceedings - name the case.

Answer 19

Till v Nominal Defendant

Question 20

When does a proceeding start?

Answer 20

When an originating process is issued.

Rule 8 (1)

Question 21

What does ‘issued’ mean?

In reference to starting proceedings.

Answer 21

Issued means filed in court.

Sch 4 UCPR
Venz v Caboolture Shire Council

Question 22

What does proceeding mean?

Answer 22

Proceeding means all matters commenced by originating process, including incidental.

Kambarbakis

Question 23

Name the four types of originating process.

Answer 23

1. Claim
2. Application
3. Notice of appeal
4. Notice of appeal subject to leave

Rule 8 (2)

Question 24

Is an interlocutory application an originating process?

Answer 24

No.

Rule 8 (3)
Stubberfield v Lipplatt

Question 25

How must a proceeding commence?

Answer 25

Claim compulsory UNLESS the rules require or permit the proceeding to be started by application. ## Footnote Rule 9

Question 26

When would starting a proceding by application be compulsory?

Answer 26

When the Act or the Rules do not state the originating process. ## Footnote Rule 10

Question 27

When is starting a proceeding by application permitted?

Answer 27

a. If main issue is law not fact; or b. If no other party to be served; or c. There is insufficient time to prepare claim due to urgent nature of the relief sought. ## Footnote Rule 11

Question 28

When is it permitted to start a proceeding by oral application?

Answer 28

When: a. urgnt relief is sought; and b. counsel or solicitor undertakes to file written application; and c. court considers it appropriate ## Footnote Rule 12

Question 29

What happens if proceeding incorrectly started by claim?

Answer 29

Court can continue as if started by application and make any other directions/ orders it considers appropriate. ## Footnote Rule 13

Question 30

What happens when a proceeding is incorrectly started by application?

Answer 30

Court can continue as if started by claim and make any other directions/ orders it considers appropriate. Can also order that any affidavits filed in the proceedings be treated as pleadings, alone or supplemented by particulars. ## Footnote Rule 15