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...
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Insurers Disclosure
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...
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Time Limits
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. An action... Notice
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