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 […]
Dismissing a statement of claim summarily for lack of a cause of action
General Steel Industries Inc v Commissioner for Railways The case of General Steel Industries Inc v Commissioner for Railways (NSW) (1964) HCA 69; 112 CLR 125 reinforces the legal principle that a case may be dismissed summarily if it is manifestly groundless, discloses a case which the court is satisfied cannot succeed or under no possibility can […]
Appealing against a finding of fact | Fox v Percy
The case of Fox v Percy (2003) 214 CLR 118 raised questions of principles as to the approach to be taken by an appellate court when reviewing a trial judge’s finding of fact. It also revisited the principles of serious reservations about the findings of facts, even those based on the credibility of witnesses. Furthermore, […]
Awarding costs | Oshlack v Richmond River Council
In litigation, costs usually follow the event in accordance with Uniform Civil Procedure Rule 681. That is, the successful party is usually awarded costs to be paid by the unsuccessful party. In Oshlack-v-Richmond River Council (1999) 193 CLR 72 the court considered whether litigation that is in the public interest should change the usual rule that costs follow […]
