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Judge Salvatore Vasta appeals false imprisonment decision

Posted on Categories civil litigation, Judiciary, litigation Tags , , , 3 Comments on Judge Salvatore Vasta appeals false imprisonment decision

An appeal has been filed on behalf of Judge Salvatore Vasta following a ground-breaking decision which held him personally liable for false imprisonment of a man who appeared before him in a family law matter.

In August, Judge Vasta became the first Judge in Australian history to be successfully sued for a decision he made as a judge.

The suit arose from a decision of Vasta made on 6 December 2018, when he sentenced a self-represented man to a period of imprisonment of twelve (12) months.
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Sterling Law secures indemnity costs order against QBE

Posted on Categories civil litigation, litigation, Personal Injury, Professional fees Tags , , , , , 2 Comments on Sterling Law secures indemnity costs order against QBE
The facts

Background

For the last 4 years, we doggedly pursued a claim on behalf of a client who was kicked by a horse.

By the time our client saw a solicitor of our firm, he had been denied WorkCover because on review it was determined he was not a worker within section 11 of the Workers’ Compensation and Rehabilitation Act 2003. Things were looking very grim. It seemed that there was no way for our client to access compensation or any damages.
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Stewart Boyd scores stunning upset in District Court after horse kick

Posted on Categories litigation, Personal Injury Tags , , , , , , , , , , , , , , , , , , 5 Comments on Stewart Boyd scores stunning upset in District Court after horse kick

“In making those orders and in argument during the hearing of the application on 28 April 2020, the Court referred to the various difficulties with the plaintiff’s case as it is presently pleaded. In many respects, those difficulties were similar to the submissions made on behalf of the first defendant and the third defendant at the compulsory conference in this matter.
The first defendant and the third defendant consider that the plaintiff’s claim has no prospects of success against any defendant.”

 – letter from Barry Nilsson to Sterling Law dated 18 May 2020. Continue reading “Stewart Boyd scores stunning upset in District Court after horse kick”

Sterling Law gets costs order against solicitor

Posted on Categories Family law, litigation Tags , , , , , , 3 Comments on Sterling Law gets costs order against solicitor

This week, Sterling Law obtained a costs order on the indemnity basis against a solicitor in the Federal Circuit and Family Court of Australia.

The Facts

Sterling Law acted for the father in a parenting matter. The mother had prior to proceedings relocated from Katoomba NSW to Queensland without notice to our client. Our client the father sought a relocation order so that the child could have a meaningful relationship with both parents.

After the Federal Circuit Court trial, judgment was reserved. The mother then sought to re-open the evidence by filing an Application in a Case instead of complying with the Court’s Orders for the filing of written submissions. Solicitor for the mother said that the Application in a Case was filed on Senior Counsel’s advice.

The Application in a Case was dismissed at the first return date on 16 July 2021. The solicitor for the mother appeared without Counsel and sought an adjournment so that Senior Counsel could argue the Application. Sterling Law also appeared without Counsel and pointed out the ‘new’ evidence was not germane to the child’s best interests, nor was it likely to change the result. Furthermore, the mother was not a credible witness, and this had been demonstrated when she was extensively cross-examined at trial, so a hearing with further cross-examination would be required if the evidence was reopened. The ICL noted the ‘new’ evidence could have been adduced at the trial.

Judge Tonkin dismissed the Application in a Case later that day. Sterling Law then sought indemnity costs on behalf of the father against the mother, her solicitor and Counsel. We submitted that the Application in a Case was bound to fail, had caused undue delay and expense and had been filed for the ulterior purpose of delaying judgment so that the mother could remain in Queensland for longer. Furthermore, an offer of compromise was imprudently not accepted. None of those submissions were challenged on behalf of the mother or her lawyers.

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Time to sue: The law of limitation periods

Posted on Categories civil litigation, Defamation, litigation, Negligence, Personal Injury Tags , , , , , , , , , , 3 Comments on Time to sue: The law of limitation periods

Are there time limits on when you can sue? Read about what limitation periods are, and how they work.

WHAT ARE LIMITATION PERIODS?

Limitation periods in the law impose time limits within which types of civil proceedings should ordinarily be commenced. In commercial litigation, statutes of limitations impose most of the limitation periods. In Queensland, the statute of limitations is the Limitation of Actions Act 1974.

There are other time limits imposed under the law, but this article concerns time limits imposed under statutes of limitations, particularly the Limitation of Actions Act 1974 (Qld).
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Types of appeals in Queensland and the Federal Courts

Posted on Categories civil litigation, Criminal law, litigation Tags , , , , , , , , , , , , , , 2 Comments on Types of appeals in Queensland and the Federal Courts

Legal advice

Appeals in the law are creatures of statute: Attorney-General v Sillem [1864] EngR 352; (1864) 10 HLC 704 at 720-721, Mickelberg v The Queen [1989] HCA 35, Deane J at [4], R v Ferguson; ex parte A-G (Qld) [2008] QCA 227 at [20]. In other words, they never existed at common law, but were instead created by legislation. Therefore, appeals can only be made and determined in accordance with statutory provisions and Court rules about appeals, and primary regard must be had to them. The “common law” of appeals is the case law of interpretation of such provisions.

The joint judgment of Gleeson CJ, Gummow and Kirby JJ in Fox v Percy (2003) 214 CLR 118 distinguished between four types of appeals:

“[20] Appeal is not, as such, a common law procedure. It is a creature of statute. In Builders Licensing Board v Sperway Constructions (Syd) Pty Ltd, Mason J distinguished between (i) an appeal stricto sensu, where the issue is whether the judgment below was right on the material before the trial court; (ii) an appeal by rehearing on the evidence before the trial court; (iii) an appeal by way of rehearing on that evidence supplemented by such further evidence as the appellate court admits under a statutory power to do so; and (iv) an appeal by way of a hearing de novo. There are different meanings to be attached to the word “rehearing”. The distinction between an appeal by way of rehearing and a hearing de novo was further considered in Allesch v Maunz. Which of the meanings is that borne by the term “appeal”, or whether there is some other meaning, is, in the absence of an express statement in the particular provision, a matter of statutory construction in each case.”

It is important for practitioners to understand the different types of appeals in order to be able to know the nature of each type, and therefore how they will be considered and determined. Such knowledge is a prerequisite for practitioners to appraise themselves of the prospects of success in such appeals they may act in.

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Judge Vasta sued for $2M over imprisonment of husband

Posted on Categories Family law, litigation Tags , , 5 Comments on Judge Vasta sued for $2M over imprisonment of husband
THE FACTS

Mr Stradford (“the husband”) and Ms Stradford (“the wife”) were engaged in property settlement proceedings in the Federal Circuit Court of Australia. Within those proceedings, on 6 December 2018 Judge Vasta made the following declaration and order:

1. That the Applicant [MR STRADFORD] be sentenced to a period of imprisonment in the [X Correctional Centre] for a period of twelve (12) months, to be served immediately with the Applicant to be released from prison on … 2019, with the balance of the sentence to be suspended for a period of two (2) years from today’s date.

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Why your agreement should be in writing

Posted on Categories litigation Tags , , , 2 Comments on Why your agreement should be in writing

Contrary to what some believe, an oral agreement can be enforceable, as long as the elements of a contract have been met. However, there are major advantages in having an important agreement reduced to writing.
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