Rule 444 letters
Under the Uniform Civil Procedure Rules 1999 (Qld) (the UCPR), before applying for certain court orders, a party must send a particular kind of letter to the opposing party. The letter is known as a “Rule 444 letter”, after the UCPR rule that governs it. That rule stipulates that a letter must be sent and dictates what it must […]
Copyright infringement and intellectual property theft in copyright law
Gibbs Wright Litigation Lawyers practices in intellectual property disputes, including copyright infringement and trademark disputes. We do not assist with lodgments. “Copyright” is a term that everyone has heard of and many use as an all-encompassing term with reference to intellectual property. However, few fully understand what copyright is and more often than not, the […]
What are security for cost orders and how do I get one?
In law, the general principle that applies to matters involving costs orders is that “costs follow the event”. In essence, this means that the losing party in a legal proceeding will be required to pay the winning party’s costs of the proceeding (such as the other party’s legal fees, filing fees, and so on).
Making rule 222 requests in 2023
What is a rule 222 request? A rule 222 Request (‘222 request’) is a request that can be made to inspect documents referred to in pleadings, particulars or affidavits pursuant to rule 222 of the Uniform Civil Procedure Rules 1999 (Qld) (the UCPR). Where a pleading, particular or affidavit refers to a document, a party may request the […]
Appealing a Discretionary Decision | House v The King
The case of House v The King (1936) 55 CLR 499 details the court’s authority to interfere with an exercise of discretion and whether the exercise of discretion is dependent upon the demonstration of one or more of certain kinds of error. The High Court fundamentally laid down the principle of sentencing discretion and listed the five errors […]
Amending pleadings after the commencement of proceedings
Aon Risk Services Australia Ltd v Australian National University The case of Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 raised questions about the limits of seeking leave to amend pleadings. An application for leave to amend a pleading should not be approached on the basis that a party is entitled to […]
