UCPR r389(2) - leave to proceed required if no step taken for two years

In Smiley v Watson [2001] QCA 269 the Queensland Court of Appeal considered whether a notice of non-party disclosure, or the transfer of proceedings from one court to another was a 'step' in the proceeding for the purpose of r389 of the UCPR.

Supreme Court Act 1995 (Qld) s 253 - leave to appeal costs orders - appeal against substantive judgment insufficient - must be arguable case that discretion will be overturned on appeal

The recent decision of the Court of Appeal in AGL Sales (Qld) Pty Ltd v Dawson Sales Pty Ltd [2009] QCA 262 provides clear direction on the Court’s expectations of a party seeking leave to appeal a costs order.This decision is likely to impact upon common practice in relation to appeals against costs orders. It sends a clear message to trial judges that they should not give leave as of course when giving a judgment in relation to costs, and that parties seeking leave under s 253 of the Supreme Court Act 1995 (Qld) should make a separate application. The application should be supported by material presenting an arguable case that the trial judge made an error in the exercise of the discretion of the kind described in House v King (1936) 55 CLR 499. A different, and interesting, aspect of this appeal is that it was the first wholly electronic civil appeal. The court-provided technology had been adopted at trial, and the Court of Appeal dispensed with any requirement for hard copy appeal record books.

Plain reasons addressed to the people of Great-Britain, against the (intended) petition to Parliament from the owners and occupiers of land in the county of Lincoln, for leave to export wool. With some remarks on Sir John Dalrymple's treatise, lately published, in favour of a general exportation of wool.

In manuscript, p. iv : [the author] "The Revd. Sheepshanks, rector of St. Johns in Leeds".

Journal of the Joint Committee on Reconstruction : thirty- ninth Congress, first session : appointed pursuant to the concurrent resolution of December 13, 1865, with direction "to inquire into the condition of the states which formed the so-called Confederate States of America, and report whether they or any of them are entitled to be represented in either house of Congress, with leave to report by bill or otherwise."

Mode of access: Internet.

Speech of Mr. Wright ... on the motion of Mr. Webster for leave to bring in a bill for prolonging the charter of the Bank of the United States; delivered in the Senate of the United States, March 20,1834.

Mode of access: Internet.

Speech of Mr. Benton, of Missouri, on the motion of Mr. Webster, for leave to bring in a bill for prolonging the charter of the Bank of the United States;

Mode of access: Internet.

National Labor Relations Board, petitioner, vs. Packard Motor Car Company, respondent : motion of Chrysler Corporation for leave to file a brief as amicus curiae and brief as amicus curiae /

Cover title.

Education (Ireland); speech in the House of Commons on Tuesday, May 19, 1835, on moving for leave to bring in a bill for the establishment of a Board of National Education, and the advancement of elementary education in Ireland.

"Extracted from the 'Mirror of Parliament'."

Directing under disqualification:leave to act

Reviews the procedures by which a disqualified director can continue to act. Views this siutation through two recent cases. Highlights that courts should not fetter the Company Directors Disqualification Act 1986, s 17 discretion and reject the approach of earlier cases that in order for leave to be granted, a need on the part of the director or company was a prerequisite.