Owen v Menzies & Ors

[2010] QCA 137

Queensland Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Practice and Procedure
2. › Case management
3. › Court's power to control proceedings
4. › Limiting length of submissions and affidavits
5. › Removal of voluminous and irrelevant material from court file
6. › Whether primary judge acted without power
7. › Uniform Civil Procedure Rules 1999 (Qld), r 5, r 367
1. Practice and Procedure
2. › Case management
3. › Inherent jurisdiction
4. › Power to prevent injustice
5. › Control and supervision of proceedings
1. Appeal
2. › General principles
3. › Appeal from interlocutory orders
4. › Standard of appellate review
5. › Whether law misapplied or decision likely to lead to miscarriage of justice
1. Anti-Discrimination Law
2. › Appeals from Anti-Discrimination Tribunal
3. › Appeal on question of law
4. › Whether appeal to be heard de novo
5. › Anti-Discrimination Act 1991 (Qld), s 217

Quick Take

Rule 367 of the UCPR 1999 (Qld) authorises a court to direct the return of voluminous and irrelevant material and to limit the length of submissions and affidavits. Even absent such a rule, the court's inherent power to control proceedings provides adequate authority. Filing oppressive volumes of largely irrelevant material is inconsistent with the overriding purpose of the UCPR and justifies robust case management intervention.