Under UCPR r 293, summary judgment should not be given unless it is clear that the claim or defence is hopeless or bound to fail; the Fancourt v Mercantile Credits standard remains authoritative guidance. A barrister who advises a solicitor to join proceedings as a plaintiff while simultaneously acting for co-plaintiffs with potentially conflicting interests may owe a fiduciary duty to the solicitor. A person cannot be a 'consumer' under the Fair Trading Act 1989 (Qld) s 6 where the services were not provided under a contract.
The full text is available to signed-in members, including the 39 later cases that cite this judgment.
4 of the 39 citing cases carry a classified treatment. How each court treated it is available to signed-in members.