Supreme Court - Trial Division

LM Investment Management Ltd v Drake & Ors [2017] QSC 034 (14/12317) Jackson J 13 March 2017

Full-text: QSC17-034.pdf


PROCEDURE CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS PLEADINGS OTHER MATTERS where the respondent was not required to comply with the requirements of the rules of pleading in defence under the Uniform Civil Procedure Rules 1999 (Qld) where the respondent argued that compliance with the rules of pleading could lead to a proceeding by AISC for a pecuniary penalty order against the respondents whether the risk of exposure to an order for pecuniary penalties entitled the respondent to maintain the non-complying defence on the ground of penalty privilege

Uniform Civil Procedure Rules considered

Rule 50 - Applications heard at a different locationRule 57 - Transfer of proceedingsRule 65 - Inclusion of multiple parties in a proceedingsRule 149(1)(b) - Statements in pleadingsRule 149(1)(c) - Statements in pleadingsRule 166 - Denials and nonadmissions