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Matter of Merita Ruby Evelyn Nesbit v The Public Trustee of Queensland (2003) QDC 322, the family provision application by Merita Nesbit and joined by Joan Nesbit.  Other interested parties were The Public Trustee as Executor and two adult sons who are beneficiaries. The Court had regard to the matter of Singer v Berghouse.  The …

Recent Cases Relating To Family Maintenance Provisions Pursuant To The Succession Act Read More »

CASE EXAMINATION  In the case of Eastern Suburbs Leagues Limited v Royal & Sun Alliance Insurance Limited [2003] QSC 413 the Supreme Court of Queensland considered a claim by an owner against an insurance company for damage arising as a result of flooding. In that regard damage occurred as a result of water damage entering …

Flooding Claims-Case Examination Read More »

When using the standard REIQ Contract can the Seller insist that the place of settlement be the office of the solicitor for the seller even though not in Brisbane CBD. The place for settlement in this regard is referred to in the Item Schedule under the special conditions page and is usually inserted by the …

Place Of Settlement Read More »

Can Section 30 of the Bankrupty Act apply to non-bankrupts Section 30 of the Bankruptcy Act 1966 (as amended) (“the Act”) provides as follows: Section 30 General Power of Courts in Bankruptcy “1) The Court (the Federal Court having jurisdiction over the Act (“the Court”): …. (b) may make such orders (including the declaratory orders …

Section 30 of the Bankruptcy Act Read More »

The Queensland Courts discretion as to costs is specifically contained in each Court’s governing piece of legislation. The Court in this regard lacks power to order costs and therefore the authority is traced to statutory provision (Re Birkman (1860) 1QSCR 14). The exercise of a costs order however requires that “it is implied from the …

The Discretion As To Costs Read More »

In a recent case referred to as Allen v QBE Syndicate 1886 at Lloyds [2010] QDC 4 (2 February 2010) the Insurer, QBE, succeeded in defeating a claim made by an insured where the insurer rejected the claim on the basis of a failure to disclose a true traffic history. From that case the following matters …

Insurers Disclosure Read More »

There are some circumstances where a proceeding may not commence for a substantial period of time. In this regard it is necessary to know what the limitations are in respect of issuing those proceedings. In Queensland limitations are covered by the Limitation of Actions Act 1974 (“THE ACT”). That Act provides the following limitations: 1. …

Time Limits Read More »

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Can a person whose origins are from a country not being Australia who is subject to a Study Visa (which has been cancelled and is currently on a temporary Visa) apply for a divorce whilst in Australia Section 39(3) of the Family Law Act 1974 (as amended) (“the Act”) provides the jurisdiction upon which an …

Family Court Jurisdiction Read More »

If you have suffered a motor accident a few steps to take after the accident to assist you are: 1. Take a deep breathe and look around you. Check to see if you or your passengers are injured and if so call 000 and ask for an ambulance or ask someone to call an ambulance …

Injured From A Motor Vehicle Accident Read More »