Bell v Bay-Jespersen

[2004] QCA 68

Queensland Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Security for costs
3. › Court of Appeal
4. › Application for leave to appeal
5. › Whether Court of Appeal has power under UCPR r 670 to grant security for costs of application for leave to appeal as distinct from appeal
6. › Uniform Civil Procedure Rules 1999 (Qld), rr 670, 671, 672, 772
7. › Supreme Court Act 1995 (Qld), s 244(7)
1. Administrative Law
2. › Judicial review
3. › Jurisdiction
4. › Existence of other rights of review
5. › Whether application for judicial review should be dismissed where adequate provision made for review by appeal to District Court
6. › Judicial Review Act 1991 (Qld), ss 12, 14(b)
7. › Domestic and Family Violence Protection Act 1989 (Qld), s 63
1. Administrative Law
2. › Judicial review
3. › Decisions of an administrative character
4. › Whether magistrates' decisions making and extending temporary protection orders are judicial or administrative in character
5. › Judicial Review Act 1991 (Qld), ss 4, 20
1. Family Law and Child Welfare
2. › Domestic violence
3. › Temporary protection orders
4. › Extension of temporary orders pending final hearing
5. › Whether magistrate required to have regard to rules of evidence
6. › Domestic and Family Violence Protection Act 1989 (Qld), ss 13(3), 34B(1)(a), 39A, 84(2)

Quick Take

The Court of Appeal has power under UCPR r 670, read with s 244(7) of the Supreme Court Act 1995 (Qld), to order security for costs of an application for leave to appeal, even though UCPR r 772 is confined to appeals proper. A party who bypasses a statutory right of appeal to the District Court in favour of judicial review in the Supreme Court may face security for costs on the basis that the justice of the case requires it under UCPR r 671(h).