Disclosure obligations on ex parte application for freezing order - duty of practitioners to the court - failure to comply with duty - serious dereliction of duty to court - supplemental order for costs against solicitors personally

The decision of Applegarth J in Heartwood Architectural & Joinery Pty Ltd v Redchip Lawyers [2009] QSC 195 (27 July 2009) involved a costs order against solicitors personally. This decision is but one of several recent decisions in which the court has been persuaded that the circumstances justified costs orders against legal practitioners on the indemnity basis. These decisions serve as a reminder to practitioners of their disclosure obligations when seeking any interlocutory relief in an ex parte application. These obligations are now clearly set out in r 14.4 of the Legal Profession (Solicitors) Rule 2007 and r 25 of 2007 Barristers Rule. Inexperience or ignorance will not excuse breaches of the duties owed to the court.

Absent interiors

Anuradha Mathur and Dilip da Cunha theorise in their work on cities and flooding that it is not the floodwaters that threaten lives and homes, the real cause of danger in natural disaster is the fixity of modern civilisation. Their work traces the fluidity of the boundaries between 'dry' and 'wet' land challenging the deficiencies of traditional cartography in representing the extents of bodies of water. Mathur and da Cunha propose a process of unthinking to address the redevelopment of communities in the aftermath of natural disaster. By documenting the path of floodwaters in non-Euclidean space they propose a more appropriate response to flooding. This research focuses on the documentation of flooding in the interior of dwellings, which is an extreme condition of damage by external conditions in an environment designed to protect from these very elements. Because the floodwaters don't discriminate between the interior and the exterior, they move between structures with disregard for the systems of space we have in place. With the rapid clean up that follows flood damage, little material evidence is left for post mortem examination. This is especially the case for the flood damaged interior, piles of materials susceptible to the elements, furniture, joinery and personal objects line curbsides awaiting disposal. There is a missed opportunity in examining the interior in the after math of flood, in the way that Mathur and Dilip investigate floods and the design of cities, the flooded interior proffers an undersigned interior to study. In the absence of intact flood damaged interior, this research relies on two artists' documentation of the flooded interior. The first case study is the mimetic scenographic interiors of a flood-damaged office exhibited in the Bangkok art gallery by the group _Proxy in 2011. The second case study is Robert Polidori's photographic exhibition in New Orleans, described by Julianna Preston as, 'a series of interiors undetected by satellite imaging or storm radar. More telling, more dramatic, more unnerving, more alarming, they force a disturbance of what is familiar'.