Open for Inspection? Julstar Pty Ltd v Lynch Morgan Lawyers [2012] QDC 272

In Julstar Pty Ltd v Lynch Morgan Lawyers [2012] QDC 272 Dorney QC DCJ considered whether an applicant for an assessment of all or part of their costs under s 335 of the Legal Profession Act 2007 (Qld) (LPA) must provide grounds on which they dispute the amount of the costs charged or their liability to pay them. His Honour also made an order for inspection of the solicitor’s file, despite a claimed lien for unpaid fees.

Costs assessment not an each-way bet: Radich v Kenway [2014] QDC 60

In Radich v Kenway [2014] QDC 60 McGinness DCJ considered issues relating to the assessment of costs under the Legal Profession Act 2007 (Qld). This recent costs assessment case from the District Court clearly illustrates the interplay between the relevant elements of the Legal Profession Act 2007 and Uniform Civil Procedure Rules 1999.

An abuse of process - traditionally: Smith v Lucht [2014] QDC 302

In Smith v Lucht [2014] QDC 302 McGill DCJ considered whether in Queensland the concept of abuse of process was sufficiently broad as to encompass circumstances in which the resources of the court and the parties to be expended to determine the claim were out of all proportion to the interest at stake. Stay of proceedings - abuse of process - whether disproportionality between interest at stake and costs of litigating may amount to abuse of process - plaintiff with good cause of action entitled to pursue it.

一种新型多道QDC电路的设计

为了满足中子墙探测器对后续能量电子学读出系统的要求并降低成本,本文介绍了一种新型多道电荷-数字转换电路。在该设计中,由于采用了新的设计方法和新的器件,使该电路具有转换速度快,线性好,功耗低、性价比高等突出特点,在大型闪烁体探测器阵列的前端电子学读出系统中有着广泛的应用前景。

多路小信号处理与QDC门信号产生逻辑插件的研究

介绍了一种最近研制成功的多路小幅度信号处理快电子学逻辑插件 ,它可接收≥ 4 0 m V的小幅度输入信号而产生 32路标准 ECL互补输出逻辑信号。该插件的输出信号主要用作 QDC的门控信号。该插件还具有多路触发鉴别功能。该插件的研制成功为重离子核物理实验高速、高密度、高稳定性多参数数据获取提供了良好的基础

多路信号处理与QDC门信号产生逻辑插件的研制

本论文描述了多路信号处理与QDC（电荷数字转换器）门信号产生逻辑插件的研制过程。该逻辑插件的逻辑电路和模拟电路都经过了精心的设计和调试。核物理研究沿着激发能、核自旋及核同位旋三个自由度深入开展，产生了核物理研究中许多新的前沿领域。随着入射能量的增加，开放的反应道增多，多重探测器投入使用，使核物理实验的数据参数已经从几十路上升到上千路，即需要电子学工作者研制和开发一些高速触发、高密度、高稳定性的电子学硬件系统。本论文描述的多路信号处理与QDC门信号产生逻辑插件，主要用于产生QDC的开门信号。该电路系统早十六路并行、独立的高速放大单元电路、高速比较单元电路、延迟和脉宽成形单元电路、逻辑信号扇出单元电路、触发指示单元电路及多路模拟信号求和单元电路构成。该逻辑插件可接收≥ 20mv的小辐度输入信号而产生32路标准ECL（高电平-0.8V，低电平-1.6V）互补输出逻辑信号。输出ECL逻辑信号用于产生QDC的门控信号。该插件的多路模拟信号求和单元电路对每路输入信号可产生幅度为50mv的输出信号。该输出信号可用于多重符衙事件的鉴别和产生trigger触发信号。总的来说，多路辐度信号处理与QDC门信号产生逻辑插件不仅适用于重离子核物理实验中产生QDC开门信号，也可用于其它核物理实验的多重符合事件的鉴别。该插件的研制成功为多参数获取系统提供了一个良发的前端硬件设备。

'Attaching' warning statements by facsimile transmission

Section 366(1) of the Property Agents and Motor Dealers Act 2000 (Qld) (‘PAMD’) provides that a relevant contract must have attached, as its first or top sheet, a statement in the approved form being a warning statement. Failure to comply with this statutory requirement entitles a purchaser to terminate the contract. The meaning to be attributed to the statutory reference to ‘attached’ will clearly be problematic where documentation is sent by way of facsimile transmission. This was the issue that arose for consideration by Newton DCJ in MNM Developments Pty Ltd v Gerrard [2005] QDC 10.

'Attaching' warning statements by facsimile consumer protection prevails!

Section 366 of the Property Agents and Motor Dealers Act 2000 (Qld) (‘PAMDA’) mandates that all contracts for the sale of residential property in Queensland (other than contracts formed on a sale by auction) have a warning statement ‘attached’ as the first or top sheet. Alternative judicial views have emerged concerning the possibility of attaching a warning statement to a contract sent by facsimile. In recognition of the consumer protection nature of the legislation, in MP Management (Aust) Pty Ltd v Churven [2002] QSC 320 Muir J favoured a restrictive view of the word ‘attached’ requiring physical joinder of the warning statement to the relevant contract. In contrast, in MNM Developments Pty Ltd v Gerrard [2005] QDC 10 Newton DCJ opined that the requirements of the PAMDA could be met where the warning statement preceded the contract of sale in a facsimile transmission sent in one continuous stream. Newton DCJ considered that this broader approach promoted commercial convenience. In an appeal from the decision of Newton DCJ, in MNM Developments Pty Ltd v Gerrard [2005] QCA 230 a majority of the Queensland Court of Appeal has held that the restrictive view propounded by Muir J is correct. Notwithstanding possible commercial inconvenience, it is not possible for a warning statement to be attached to a contract sent by facsimile.

Beware the second offer!

In conveyancing of all types, it is very common that a contract will only be formed after often lengthy negotiations which may involve a counter-offer or multiple counter-offers. At common law, the laws of contract that govern these arrangements are well known and well understood. However, the legislative overlay imposed by the requirements of the Property Agents and Motor Dealers Act 2000 (Qld) (‘PAMDA’) can create difficulties as illustrated by the result in Rice v Ray [2009] QDC 275.

Devil's in the detail : judgment highlights need for invoice transparency

This article considers the implications of the decision in Clayton Utz Lawyers v P & W Enterprises Pty Ltd [2011] QDC 5, and the meaning of "itemised bill" as defined in the Legal Profession Act 2007 (Qld).

A nod to consent : in step with the UCPR

This article considers the decision of Robin DCJ in CTP Manager Limited v Ascent Pty Ltd [2011] QDC 74 and the likely impact of the decision on the practice in the court registries in similar circumstances.

Interim bills and costs assessment : was the application in or out of time?

This article examines the decision in Turner v Mitchells Solicitors [2011] QDC 61 and the issue whether an application for assessment of costs under an interim bill at the time of a final bill is subject to the usual 12-month restriction.

Civil applications in the Magistrates Court are often set down for hearing by a judicial registrar, but there is now some uncertainty on the limitation of this practice

The decision of the District Court of Queensland in Mark Treherne & Associates -v- Murray David Hopkins [2010] QDC 36 will have particular relevance for early career lawyers. This decision raises questions about the limits of the jurisdiction of judicial registrars in the Magistrates Court.

Practice and procedure : an application under r367 of the Uniform Civil Procedure Rules may be of use in obtaining copies of otherwise unavailable documents held by government agencies.

In Bowenbrae Pty Ltd v Flying Fighters Maintenance and Restoration [2010] QDC 347 Reid DCJ made orders requiring the plaintiffs to make application under the Freedom of Information Act 1982 (Cth) (“the FOI Act”) for documents sought by the defendant.

Accounting for costs

In Golder Associates Pty Ltd v Challen [2012] QDC 11 Samios DCJ recognised a solicitor’s lien over the file for unpaid fees and confirmed that a lien should not be lightly set aside. The decision, which is under appeal, adds to the range of authorities which are now grappling with some of the provisions of the Legal Profession Act 2007 (Qld) (the LPA) relating to costs billing and assessment. These would appear to have been drafted without a great deal of intellectual rigour (cf. Turner v Mitchells Solicitors [2011] QDC 61 at [26]).