Place and mode of trial
\n(1) A writ shall be indorsed with a statement of the place and mode of trial desired.
\n(2) If the writ is not indorsed with a statement as to the place of trial, the plaintiff shall be taken to desire trial in Melbourne, and, if the writ is not indorsed with a statement as to the mode of trial, the plaintiff shall be taken to desire trial without a jury.
\n(3) The plaintiff may indorse an originating motion with a statement of the place of trial desired, and, if the originating motion is not so indorsed, the plaintiff shall be taken to desire trial in Melbourne.
\nInteraction with other Acts and rules of court
The powers of a court under this Chapter are in addition to, and do not
derogate from, any powers a court has under any other Act (including any
Commonwealth Act) or the rules of court in relation to appropriate dispute
resolution. __________________ CHAPTER 6-GENERAL
Court may order proceeding to appropriate dispute resolution
(1) A court may make an order referring a civil proceeding, or part of a civil
proceeding, to appropriate dispute resolution.
(2) Subject to any rules of court, an order under subsection (1) may be made
without the consent of the parties if the type of appropriate dispute
resolution to which the civil proceeding or part of the civil proceeding is
referred is not-
(a) arbitration; or
(b) reference to a special referee; or
(c) expert determination; or
(d) any other type of appropriate dispute resolution which results,
directly or indirectly, in a binding outcome.
(3) An order under subsection (1) may be made at any stage in the proceeding.
Matters in which jurisdiction of High Court exclusive
Subject to sections 39B and 44, the jurisdiction of the High Court shall be exclusive of the jurisdiction of the several Courts of the States in the following matters:
(a) matters arising directly under any treaty;
(b) suits between States, or between persons suing or being sued on behalf of different States, or between a State and a person suing or being sued on behalf of another State;
(c) suits by the Commonwealth, or any person suing on behalf of the Commonwealth, against a State, or any person being sued on behalf of a State;
(d) suits by a State, or any person suing on behalf of a State, against the Commonwealth or any person being sued on behalf of the Commonwealth;
(e) matters in which a writ of mandamus or prohibition is sought against an officer of the Commonwealth or a federal court.
Note: Under the Jurisdiction of Courts (Cross-vesting) Act 1987 , State Supreme Courts are, with some exceptions and limitations, invested with the same civil jurisdiction as the Federal Court has, including jurisdiction under section 39B of this Act.
Protection of conduct of judicial resolution conference
(1) Without limiting any other law, whether written or unwritten, a judicial
officer performing duties in connection with any judicial resolution
conference has the same protection and immunity as a Judge of the Supreme
Court has in the performance of his or her duties as a Judge.
(2) Without limiting section 16 of the Evidence Act 2008, a judicial officer
is not compellable to give evidence in any proceeding, whether civil or
criminal, of anything said or done or arising from the conduct of a judicial
resolution conference.
Note See also sections 24A and 27A of the Supreme Court Act 1986, sections 47B
and 48C of the County Court Act 1958 and sections 108 and 108A of the
Magistrates' Court Act 1989.
(1) An order for sequestration shall appoint not less than four persons as sequestrators
and provide that the sequestrators, or any two or more of them, be authorised and
directed to—
(a) enter upon and take possession of the real and personal estate of the person
bound; and
(b) collect, receive and get into their hands the rents and profits of the real and
personal estate of the person bound; and
(c) keep them under sequestration in their hands until the person bound complies
with the judgment to be enforced by sequestration or until further order.
(2) Where the person bound is a corporation and an order is made for the sequestration of
the property of an officer of the corporation (whether or not an order for sequestration
is also made against the corporation), the order—
(a) shall give the same authority and direction to the sequestrators with respect to
the real and personal estate of the officer as in the case of an order against a
corporation; and
(b) shall provide that the sequestrators shall keep that estate under sequestration in
their hands until the corporation complies with the judgment to be enforced by
sequestration or until further order.
(3) The Court may discharge an order for sequestration.
Property Available for Payment of Debts: Household property
\n(1) For the purposes of subparagraph 116(2)(b)(i) of the Act, household property of the bankrupt specified in this regulation is household property to which subsection 116(1) of the Act (which deals with property divisible among the creditors) does not extend.
\n(2) Subsection 116(1) of the Act does not extend to household property (including recreational and sports equipment) that is reasonably necessary for the domestic use of the bankrupt's household, having regard to current social standards.
\n(3) In particular (but without limiting by implication the generality of subregulation (2)), subsection 116(1) of the Act does not extend to property of the following kinds:
\n(a) in the case of kitchen equipment, cutlery, crockery, foodstuffs, heating equipment, cooling equipment, telephone equipment, fire detectors and extinguishers, anti-burglar devices, bedding, linen, towels and other household effects--that property to the extent that it is reasonably appropriate for the household, having regard to the criteria mentioned in subregulation (4);
\n(b) sufficient household furniture;
\n(c) sufficient beds for the members of the household; and
\n(d) educational, sporting or recreational items (including books) that are wholly or mainly for the use of children or students in the household;
\n(e) 1 television set;
\n(f) 1 set of stereo equipment;
\n(g) 1 radio;
\n(h) either:
\n(i) 1 washing machine and 1 clothes drier; or
\n(ii) 1 combined washing machine and clothes drier;
\n(i) either:
\n(i) 1 refrigerator and 1 freezer; or
\n(ii) 1 combination refrigerator/freezer;
\n(j) 1 generator, if relied on to supply electrical power to the household;
\n(k) 1 telephone appliance;
\n(l) 1 video recorder.
\n(4) For the purposes of deciding whether property, other than property of a kind mentioned in paragraphs (3)(b) to (l) (both inclusive), is property to which subregulation (2) applies, regard must be had to the following criteria:
\n(a) the number and ages of members of the bankrupt's household;
\n(b) any special health or medical needs of any of those members;
\n(c) any special climatic or other factors (including geographical isolation) of the place where the household residence is located;
\n(d) whether the property is reasonably necessary for the functioning or servicing of the household as a viable and properly run household;
\n(e) whether the costs of seizure, storage and sale of the property would be likely to exceed the sale price of the property;
\n(f) if paragraph (e) does not apply--whether for any other reason (for example, costs of transport) the sale of the property would be likely to be uneconomical.
\n(5) The preceding provisions of this regulation do not prevent subsection 116(1) of the Act from extending to antique items.
\n(6) For the purposes of subregulation (5), an item is taken to be antique if, and only if, a substantial part of its market value is attributable to its age or historical significance.
", "tags": [], "relations": { "owl:sameAs": "http://zotero.org/groups/187527/items/U4PID7CD" }, "dateAdded": "2013-11-26T06:49:57Z", "dateModified": "2013-11-26T06:49:57Z" } }, { "key": "5MZI5ZUI", "version": 4, "library": { "type": "group", "id": 234237, "name": "Legal Studies Australia MLZ", "links": { "alternate": { "href": "https://www.zotero.org/groups/legal_studies_australia_mlz", "type": "text/html" } } }, "links": { "self": { "href": "https://api.zotero.org/groups/234237/items/5MZI5ZUI", "type": "application/json" }, "alternate": { "href": "https://www.zotero.org/groups/legal_studies_australia_mlz/items/5MZI5ZUI", "type": "text/html" }, "up": { "href": "https://api.zotero.org/groups/234237/items/4E2KCT4B", "type": "application/json" } }, "meta": { "createdByUser": { "id": 1701094, "username": "alexandergarber", "name": "", "links": { "alternate": { "href": "https://www.zotero.org/alexandergarber", "type": "text/html" } } }, "numChildren": 0 }, "data": { "key": "5MZI5ZUI", "version": 4, "parentItem": "4E2KCT4B", "itemType": "note", "note": "Evidence of things said and done in appropriate dispute resolution which
is judicial resolution conference
If a court orders that a judicial resolution conference be conducted in
relation to a civil proceeding, no evidence shall be admitted at the hearing
of any proceeding of anything said or done by any person in the course of the
conduct of the judicial resolution conference unless the court otherwise
orders, having regard to the interests of justice and fairness.
Application to set aside subpoenas.
Respondent sought to enforce judgment debt in her favour.
Applicant filed bankruptcy petition day after failing of notice of motion by respondent.
Respondent prohibited from enforcing court orders otherwise than in accordance with (CTH) Bankruptcy Act 1966.
Enforcement proceedings accordingly unable to continue.
Application granted.
Application for leave to appeal against decision of Supreme Court of Victoria (VSC).
Applicant in partnership with first respondent.
VSC made declarations as to existence of partnership and made order referring specified questions to special referee pursuant to (VIC) Supreme Court (General Civil Procedure) Rules 2005 r 50.01.
Respondents applied pursuant to r 50.04 for report to be adopted.
VSC found in interests of justice that referee's report be adopted and formal orders made giving effect to reasons for judgment.
Applicant filed notice of appeal against VSC adoption of four questions referred to referee.
Respondents contended VSC orders interlocutory and leave required.
Orders of VSC adopting referee's report interlocutory and leave to appeal accordingly required.
Reasons of referee adequate and approach taken by referee thorough, analytical, independent and professional.
Applicant failed to demonstrate any error in exercise of discretion conferred by r 50.04 in adoption of report and decision to adopt could not be said to be plainly unreasonable or unjust.
Application dismissed.
---------------------------------------------------------------------
\nApplication for costs.
Proceedings related to interlocutory injunction against applicant doctors due to restrain of trade clauses.
Applicant claimed Calderbank offer rejected unreasonably given clauses unenforceable.
Indemnity costs not granted as not unreasonably to assess success at time offer made.
Application dismissed.
\n
", "tags": [], "relations": { "owl:sameAs": "http://zotero.org/groups/187527/items/6ZP68JQP" }, "dateAdded": "2013-11-26T06:49:57Z", "dateModified": "2013-11-26T06:49:57Z" } }, { "key": "RG8CBGAE", "version": 4, "library": { "type": "group", "id": 234237, "name": "Legal Studies Australia MLZ", "links": { "alternate": { "href": "https://www.zotero.org/groups/legal_studies_australia_mlz", "type": "text/html" } } }, "links": { "self": { "href": "https://api.zotero.org/groups/234237/items/RG8CBGAE", "type": "application/json" }, "alternate": { "href": "https://www.zotero.org/groups/legal_studies_australia_mlz/items/RG8CBGAE", "type": "text/html" }, "up": { "href": "https://api.zotero.org/groups/234237/items/F2F7QGND", "type": "application/json" } }, "meta": { "createdByUser": { "id": 1701094, "username": "alexandergarber", "name": "", "links": { "alternate": { "href": "https://www.zotero.org/alexandergarber", "type": "text/html" } } }, "numChildren": 0 }, "data": { "key": "RG8CBGAE", "version": 4, "parentItem": "F2F7QGND", "itemType": "note", "note": "
Form and contents of award (cf Model Law Art 31)
(1) The award must be made in writing and must be signed by the arbitrator or
arbitrators.
(2) In arbitral proceedings with more than one arbitrator, the signatures of
the majority of all members of the arbitral tribunal suffices, provided that
the reason for any omitted signature is stated.
(3) The award must state the reasons upon which it is based, unless the
parties have agreed that no reasons are to be given or the award is an award
on agreed terms under section 30.
(4) The award must state its date and the place of arbitration as determined
in accordance with section 20.
(5) The award is taken to have been made at the place stated in the award in
accordance with subsection (4).
(6) After the award is made, a copy signed by the arbitrators in accordance
with subsection (1) must be delivered to each party.
Appeal from decision of arbitrator.
Interpretation of commercial documents by arbitrator.
Requirement that errors identified potentially vitiate decision.
Agreement by parties as to method of interpretation adopted by arbitrator.
Interpretation turned in part on matters of fact.
Whether manifest error of law on record.
Held: Application refused.
Equal treatment of parties (cf Model Law Art 18)
The parties must be treated with equality and each party must be given a
reasonable opportunity of presenting the party's case. Note
This section differs from the Model Law to the extent that it requires a party
to be given a \"reasonable\", instead of \"full\", opportunity of presenting the
party's case.
Determination of rules of procedure (cf Model Law Art 19)
(1) Subject to the provisions of this Act, the parties are free to agree on
the procedure to be followed by the arbitral tribunal in conducting the
proceedings.
(2) Failing such agreement, the arbitral tribunal may, subject to the
provisions of this Act, conduct the arbitration in such manner as it considers
appropriate.
(3) The power conferred on the arbitral tribunal includes the power to
determine the admissibility, relevance, materiality and weight of any
evidence.
(4) The power conferred on the tribunal also includes the power to make orders
or give directions for the examination of a party or witness on oath or
affirmation.
(5) For the purposes of the exercise of the power referred to in subsection
(4), the arbitral tribunal may administer any necessary oath or take any
necessary affirmation.
(6) An order made or direction given by an arbitral tribunal in the course of
arbitral proceedings is, by leave of the Court, enforceable in the same manner
as if it were an order of the Court and, where leave is so given, judgment may
be entered in terms of the order or direction.
Note This section (other than subsections (4), (5) and (6)) is substantially
the same as Art 19 of the Model Law. Subsections (4), (5) and (6) elaborate on
the powers conferred on arbitral tribunals.
Place of arbitration (cf Model Law Art 20)
(1) The parties are free to agree on the place of arbitration.
(2) Failing such agreement, the place of arbitration is to be determined by
the arbitral tribunal having regard to the circumstances of the case,
including the convenience of the parties.
(3) Despite subsection (1), the arbitral tribunal may, unless otherwise agreed
by the parties, meet at any place (whether or not in Victoria) it considers
appropriate for consultation among its members, for hearing witnesses, experts
or the parties, or for inspection of goods, other property or documents.
Section 116: Property divisible among creditors
\n(1) Subject to this Act:
\n(a) all property that belonged to, or was vested in, a bankrupt at the commencement of the bankruptcy, or has been acquired or is acquired by him or her, or has devolved or devolves on him or her, after the commencement of the bankruptcy and before his or her discharge; and
\n(b) the capacity to exercise, and to take proceedings for exercising all such powers in, over or in respect of property as might have been exercised by the bankrupt for his or her own benefit at the commencement of the bankruptcy or at any time after the commencement of the bankruptcy and before his or her discharge; and
\n(c) property that is vested in the trustee of the bankrupt's estate by or under an order under section 139D or 139DA; and
\n(d) money that is paid to the trustee of the bankrupt's estate under an order under section 139E or 139EA; and
\n(e) money that is paid to the trustee of the bankrupt's estate under an order under paragraph 128K(1)(b); and
\n(f) money that is paid to the trustee of the bankrupt's estate under a section 139ZQ notice that relates to a transaction that is void against the trustee under section 128C; and
\n(g) money that is paid to the trustee of the bankrupt's estate under an order under section 139ZU;
\nis property divisible amongst the creditors of the bankrupt.
\n(2) Subsection (1) does not extend to the following property:
\n(a) property held by the bankrupt in trust for another person;
\n(b) the bankrupt's household property that is:
\n(i) of a kind prescribed by the regulations; or
\n(ii) identified by a resolution passed by the creditors before the trustee realises the property;
\n(ba) personal property of the bankrupt that:
\n(i) has sentimental value for the bankrupt; and
\n(ii) is of a kind prescribed by the regulations; and
\n(iii) is identified by a special resolution passed by the creditors before the trustee realises the property;
\n(c) the bankrupt's property that is for use by the bankrupt in earning income by personal exertion and:
\n(i) does not have a total value greater than the limit prescribed by the regulations; or
\n(ii) is identified by a resolution passed by the creditors; or
\n(iii) is identified by an order made by the Court on an application by the bankrupt;
\n(ca) property used by the bankrupt primarily as a means of transport, being property whose aggregate value does not exceed the amount prescribed by the regulations or, if before the trustee realises the last-mentioned property the creditors determine by resolution a greater amount in relation to that property, that greater amount;
\n(d) subject to sections 128B, 128C and 139ZU:
\n(i) policies of life assurance or endowment assurance in respect of the life of the bankrupt or the spouse or de facto partner of the bankrupt;
\n(ii) the proceeds of such policies received on or after the date of the bankruptcy;
\n(iii) the interest of the bankrupt in:
\n(A) a regulated superannuation fund (within the meaning of the Superannuation Industry (Supervision) Act 1993 ); or
\n(B) an approved deposit fund (within the meaning of that Act); or
\n(C) an exempt public sector superannuation scheme (within the meaning of that Act);
\n(iv) a payment to the bankrupt from such a fund received on or after the date of the bankruptcy, if the payment is not a pension within the meaning of the Superannuation Industry (Supervision) Act 1993 ;
\n(iva) a payment to the bankrupt under a payment split under Part VIIIB of the Family Law Act 1975 where:
\n(A) the eligible superannuation plan involved is a fund or scheme covered by subparagraph (iii); and
\n(B) the splittable payment involved is not a pension within the meaning of the Superannuation Industry (Supervision) Act 1993 ;
\n(v) the amount of money a bankrupt holds in an RSA;
\n(vi) a payment to a bankrupt from an RSA received on or after the date of the bankruptcy, if the payment is not a pension or annuity within the meaning of the Retirement Savings Accounts Act 1997 ;
\n(vii) a payment to the bankrupt under a payment split under Part VIIIB of the Family Law Act 1975 where:
\n(A) the eligible superannuation plan involved is an RSA; and
\n(B) the splittable payment involved is not a pension or annuity within the meaning of the Retirement Savings Accounts Act 1997 ;
\n(g) any right of the bankrupt to recover damages or compensation:
\n(i) for personal injury or wrong done to the bankrupt, the spouse or de facto partner of the bankrupt or a member of the family of the bankrupt; or
\n(ii) in respect of the death of the spouse or de facto partner of the bankrupt or a member of the family of the bankrupt;
\nand any damages or compensation recovered by the bankrupt (whether before or after he or she became a bankrupt) in respect of such an injury or wrong or the death of such a person;
\nNote: See also subsection 5(6).
\n(k) amounts paid to the bankrupt under a rural support scheme prescribed for the purposes of this paragraph;
\n(l) amounts paid to the bankrupt under a rural support scheme prescribed for the purposes of this paragraph, where the amounts are paid in circumstances prescribed for the purposes of this paragraph;
\n(m) prescribed amounts paid to the bankrupt under a rural support scheme prescribed for the purposes of this paragraph;
\n(ma) prescribed amounts paid to the bankrupt under a rural support scheme prescribed for the purposes of this paragraph, where the amounts are paid in circumstances prescribed for the purposes of this paragraph;
\n(mb) amounts paid to the bankrupt by the Commonwealth as compensation in relation to the loss of:
\n(i) an amount covered by paragraph (k), (l), (m) or (ma); or
\n(ii) property purchased or acquired wholly or partly with such an amount;
\n(n) property to which, by virtue of subsection (3), this paragraph applies;
\n(p) amounts paid to the bankrupt under subsection (2C) or (4);
\n(q) any property that, under an order under Part VIII of the Family Law Act 1975 , the trustee is required to transfer to the spouse, or a former spouse, of the bankrupt;
\n(r) any property that, under an order under Part VIIIAB of the Family Law Act 1975 , the trustee is required to transfer to a former de facto partner of the bankrupt.
\n(2B) Where, because of a resolution passed by the creditors, or an order made by the Court, under paragraph (2)(b), (c) or (ca), property that is vested in the trustee ceases at a particular time to beproperty divisible among the creditors, then, immediately after that time:
\n(a) the property revests in the bankrupt;
\n(b) the trustee is discharged from the trustee's liabilities in respect of the property; and
\n(c) the bankrupt becomes subject to those liabilities.
\n(2C) Where:
\n(a) property used by the bankrupt primarily as a means of transport is vested in the trustee; and
\n(b) as at the time when the trustee realises that property:
\n(i) no other property has remained vested in the bankrupt by virtue of paragraph (2)(ca); and
\n(ii) no other property has, because of a determination by the creditors under paragraph (2)(ca), revested in the bankrupt by virtue of subsection (2B);
\nthe trustee shall pay to the bankrupt so much of the proceeds of realising that property as, when added to the aggregate of the amounts (if any) that the trustee has previously paid to the bankrupt under this subsection, does not exceed the prescribed amount within the meaning of paragraph (2)(ca).
\n(2D) In subsections (3) and (4):
\n\"exempt loan money\" , in relation to a particular time, means so much of the principal sum of a loan to the bankrupt, or to the bankrupt and another person or other persons, as was repaid, before that time, out of exempt money.
\n\"exempt money\" means money of any of the following kinds:
\n(a) an amount to which subsection (1) does not extend because of subparagraph (2)(d)(ii) or (iv);
\n(b) damages or compensation of a kind referred to in paragraph (2)(g);
\n(c) amounts covered by paragraph (2)(k), (l), (m), (ma) or (mb).
\n\"outlay\" , in relation to property, in relation to a particular time, means all of the following:
\n(a) the money paid for the purchase, or used in the acquisition, of the property;
\n(b) the money paid before that time in respect of the extensions, alterations and improvements, if any, of the property constructed or made since that purchase or acquisition.
\n\"protected money\" , in relation to a particular time, means:
\n\n(b) exempt loan money in relation to that time.
\n(2E) Nothing in this Act or the Legislative Instruments Act 2003 prevents regulations made for the purposes of paragraph (2)(k), (l), (m) or (ma) from applying to amounts paid before the regulations take effect.
\n(2F) Regulations made for the purposes of paragraph (2)(k), (l), (m) or (ma) may make provision in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.
\n(3) Where, at any time, the whole, or substantially the whole, of the money paid for the purchase, or used in the acquisition, of particular property is protected money, paragraph (2)(n) applies to theproperty.
\n(4) Where, as at the time when the trustee realises particular property to which paragraph (2)(n) does not apply, the outlay in relation to the property is in part protected money and in part other money,the trustee shall pay to the bankrupt so much of the proceeds of realising the property as can fairly be attributed to that protected money.
", "tags": [], "relations": { "owl:sameAs": "http://zotero.org/groups/187527/items/32VSEQSP" }, "dateAdded": "2013-11-26T06:49:57Z", "dateModified": "2013-11-26T06:49:57Z" } }, { "key": "V5IA84VQ", "version": 4, "library": { "type": "group", "id": 234237, "name": "Legal Studies Australia MLZ", "links": { "alternate": { "href": "https://www.zotero.org/groups/legal_studies_australia_mlz", "type": "text/html" } } }, "links": { "self": { "href": "https://api.zotero.org/groups/234237/items/V5IA84VQ", "type": "application/json" }, "alternate": { "href": "https://www.zotero.org/groups/legal_studies_australia_mlz/items/V5IA84VQ", "type": "text/html" }, "up": { "href": "https://api.zotero.org/groups/234237/items/XA9GXGRN", "type": "application/json" } }, "meta": { "createdByUser": { "id": 1701094, "username": "alexandergarber", "name": "", "links": { "alternate": { "href": "https://www.zotero.org/alexandergarber", "type": "text/html" } } }, "numChildren": 0 }, "data": { "key": "V5IA84VQ", "version": 4, "parentItem": "XA9GXGRN", "itemType": "note", "note": "Order of sale
\n69.04. Order of sale\n\n(1) Subject to paragraphs (2) and (3), where it appears to the Sheriff that\nproperty subject to levy under a warrant is more than sufficient to satisfy\nthe amount to be levied, the Sheriff shall take or sell so much of the\nproperty as appears to the Sheriff to be sufficient.\n\n(2) Subject to paragraph (3), the Sheriff shall take or sell property-\n\n (a) in such order as seems to the Sheriff best for the prompt execution of\n the warrant without undue expense;\n\n (b) subject to paragraph (2)(a), in such order as the debtor directs; and\n\n (c) subject to paragraph (2)(a) and (b), in such order as seems to the\n Sheriff best for minimising hardship to the debtor and other persons.\n\n(3) Land shall not be put up for sale under the warrant until all other\nproperty liable to sale under the warrant has been sold unless the debtor so\nrequests.\n\n(4) The Court may order that property subject to levy under the warrant be\ntaken or sold otherwise than in accordance with the preceding paragraphs.", "tags": [], "relations": { "owl:sameAs": "http://zotero.org/groups/187527/items/ZPRFSZX5" }, "dateAdded": "2013-11-26T06:49:57Z", "dateModified": "2013-11-26T06:49:57Z" } }, { "key": "D7ZI5MTQ", "version": 4, "library": { "type": "group", "id": 234237, "name": "Legal Studies Australia MLZ", "links": { "alternate": { "href": "https://www.zotero.org/groups/legal_studies_australia_mlz", "type": "text/html" } } }, "links": { "self": { "href": "https://api.zotero.org/groups/234237/items/D7ZI5MTQ", "type": "application/json" }, "alternate": { "href": "https://www.zotero.org/groups/legal_studies_australia_mlz/items/D7ZI5MTQ", "type": "text/html" }, "up": { "href": "https://api.zotero.org/groups/234237/items/WBJ3AVZQ", "type": "application/json" } }, "meta": { "createdByUser": { "id": 1701094, "username": "alexandergarber", "name": "", "links": { "alternate": { "href": "https://www.zotero.org/alexandergarber", "type": "text/html" } } }, "numChildren": 0 }, "data": { "key": "D7ZI5MTQ", "version": 4, "parentItem": "WBJ3AVZQ", "itemType": "note", "note": "
Sheriff entitled to sell land no matter what sum it might reasonably have been expected to bring as long as at time of sale sheriff had not raised by other means full amount of levy.
", "tags": [], "relations": { "owl:sameAs": "http://zotero.org/groups/187527/items/KM7UQVIK" }, "dateAdded": "2013-11-26T06:49:57Z", "dateModified": "2013-11-26T06:49:57Z" } }, { "key": "RXVBK46W", "version": 4, "library": { "type": "group", "id": 234237, "name": "Legal Studies Australia MLZ", "links": { "alternate": { "href": "https://www.zotero.org/groups/legal_studies_australia_mlz", "type": "text/html" } } }, "links": { "self": { "href": "https://api.zotero.org/groups/234237/items/RXVBK46W", "type": "application/json" }, "alternate": { "href": "https://www.zotero.org/groups/legal_studies_australia_mlz/items/RXVBK46W", "type": "text/html" }, "up": { "href": "https://api.zotero.org/groups/234237/items/3AFJUE7R", "type": "application/json" } }, "meta": { "createdByUser": { "id": 1701094, "username": "alexandergarber", "name": "", "links": { "alternate": { "href": "https://www.zotero.org/alexandergarber", "type": "text/html" } } }, "numChildren": 0 }, "data": { "key": "RXVBK46W", "version": 4, "parentItem": "3AFJUE7R", "itemType": "note", "note": "", "tags": [], "relations": { "owl:sameAs": "http://zotero.org/groups/187527/items/QBUF5DEI" }, "dateAdded": "2013-11-26T06:49:57Z", "dateModified": "2013-11-26T06:49:57Z" } }, { "key": "FQNSHXNR", "version": 4, "library": { "type": "group", "id": 234237, "name": "Legal Studies Australia MLZ", "links": { "alternate": { "href": "https://www.zotero.org/groups/legal_studies_australia_mlz", "type": "text/html" } } }, "links": { "self": { "href": "https://api.zotero.org/groups/234237/items/FQNSHXNR", "type": "application/json" }, "alternate": { "href": "https://www.zotero.org/groups/legal_studies_australia_mlz/items/FQNSHXNR", "type": "text/html" }, "up": { "href": "https://api.zotero.org/groups/234237/items/IUWU7TC4", "type": "application/json" } }, "meta": { "createdByUser": { "id": 1701094, "username": "alexandergarber", "name": "", "links": { "alternate": { "href": "https://www.zotero.org/alexandergarber", "type": "text/html" } } }, "numChildren": 0 }, "data": { "key": "FQNSHXNR", "version": 4, "parentItem": "IUWU7TC4", "itemType": "note", "note": "
(4) An action shall not be brought upon any judgment after the expiration of
fifteen years from the date on which the judgment became enforceable.
", "tags": [], "relations": { "owl:sameAs": "http://zotero.org/groups/187527/items/ZIABISR7" }, "dateAdded": "2013-11-26T06:49:57Z", "dateModified": "2013-11-26T06:49:57Z" } }, { "key": "VXVH58U4", "version": 4, "library": { "type": "group", "id": 234237, "name": "Legal Studies Australia MLZ", "links": { "alternate": { "href": "https://www.zotero.org/groups/legal_studies_australia_mlz", "type": "text/html" } } }, "links": { "self": { "href": "https://api.zotero.org/groups/234237/items/VXVH58U4", "type": "application/json" }, "alternate": { "href": "https://www.zotero.org/groups/legal_studies_australia_mlz/items/VXVH58U4", "type": "text/html" }, "up": { "href": "https://api.zotero.org/groups/234237/items/RIPICCQ9", "type": "application/json" } }, "meta": { "createdByUser": { "id": 1701094, "username": "alexandergarber", "name": "", "links": { "alternate": { "href": "https://www.zotero.org/alexandergarber", "type": "text/html" } } }, "numChildren": 0 }, "data": { "key": "VXVH58U4", "version": 4, "parentItem": "RIPICCQ9", "itemType": "note", "note": "
", "tags": [], "relations": { "owl:sameAs": "http://zotero.org/groups/187527/items/3SJU9KCG" }, "dateAdded": "2013-11-26T06:49:57Z", "dateModified": "2013-11-26T06:49:57Z" } }, { "key": "7EH8BDDB", "version": 4, "library": { "type": "group", "id": 234237, "name": "Legal Studies Australia MLZ", "links": { "alternate": { "href": "https://www.zotero.org/groups/legal_studies_australia_mlz", "type": "text/html" } } }, "links": { "self": { "href": "https://api.zotero.org/groups/234237/items/7EH8BDDB", "type": "application/json" }, "alternate": { "href": "https://www.zotero.org/groups/legal_studies_australia_mlz/items/7EH8BDDB", "type": "text/html" }, "up": { "href": "https://api.zotero.org/groups/234237/items/Q5U3J3G4", "type": "application/json" } }, "meta": { "createdByUser": { "id": 1701094, "username": "alexandergarber", "name": "", "links": { "alternate": { "href": "https://www.zotero.org/alexandergarber", "type": "text/html" } } }, "numChildren": 0 }, "data": { "key": "7EH8BDDB", "version": 4, "parentItem": "Q5U3J3G4", "itemType": "note", "note": "
Facts and Judgement
\nApplication for costs.
Original proceedings initiated by applicant successful.
Proceedings involved amendments to respondent's defence.
Applicant sought all costs including indemnity costs by reason of respondent's amendments.
Respondent contended issue by issue approach to awarding costs desirable.
Whether basis for claim for indemnity costs established.
Whether issue by issue approach to awarding costs desirable.
Held: Application granted in part.
Basis for claim for indemnity costs not established as abandonment of issues did not equate unreasonable or improper defence.
Respondent's contended method not accepted as case law indicated proper approach involved consideration of issues rather than quantum of success.