The Queensland Court of Appeal considered whether obtaining a document pursuant to a notice of third party discovery constitutes taking a 'step in the proceeding' and whether the District Court had jurisdiction to hear an application for leave to proceed where the matter was commenced in the Magistrates Court and transferred. The application for leave to appeal was dismissed, with the Court applying established authorities including Citicorp Australia Limited v Metropolitan Public Abattoir Board and I H Dempster Nominees Pty Ltd v Chemgoods Pty Ltd on these procedural questions.
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