No variance for filed orders: Hayes v Westpac Banking Corporation [2015] QCA 260


Autoria(s): Jackson, Sheryl
Data(s)

01/03/2016

Resumo

In Hayes v Westpac Banking Corporation [2015] QCA 260 the Queensland Court of Appeal examined the relationship between rules 7 (extending and shortening time) and 667 (setting aside) of the Uniform Civil Procedure Rules 1999 (Qld), and held that r667(1) does not enable the court to set aside or vary an order after the order has been filed. The court found that, to the extent that this conclusion was contrary to the decision in McIntosh v Linke Nominees Pty Ltd [2010] 1 Qd R 152, the decision in McIntosh was wrong and should not be followed.

Formato

application/pdf

Identificador

http://eprints.qut.edu.au/94096/

Publicador

Queensland Law Society Inc

Relação

http://eprints.qut.edu.au/94096/3/94096.pdf

http://proctor.qls.com.au/default.aspx?iid=137501&startpage=page0000044#folio=44

Jackson, Sheryl (2016) No variance for filed orders: Hayes v Westpac Banking Corporation [2015] QCA 260. Proctor, 36(2), pp. 42-43.

Direitos

Copyright 2016 The Author

Fonte

Faculty of Law; School of Law

Palavras-Chave #180123 Litigation Adjudication and Dispute Resolution #UCPR r667 #UCPR r7 #setting aside judgments #whether time may be extended after order filed
Tipo

Journal Article