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Cops, Courts, Common Law and Cobbers

r/auslaw

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Posted by9 hours ago

https://archive.sclqld.org.au/qjudgment/2023/QDC23-028.pdf

I don't usually post these kinds of decisions unless they have a broader national interest for our interstate friends. However, for Qld practitioners, you may note the particular courthouse and Magistrate involved.

To cut a long story short, a Magistrate made a decision at 9:40am to make a decision in default of appearance. The solicitor did not appear until 9:43am and the case was not reopened.

What is the most interesting about this case though, and the reason I posted it, was because of [3] where Porter DCJ thought that the notice given does not communicate the prospect of a final order being made. This is likely to be the standard notice used by the Court. It's obiter, but interesting perhaps for DV practitioners in Qld to consider.

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Legally Blonde
11 hours ago
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