Miller v Deputy Commissioner of Taxation

• 1. Practice and Procedure
  2. › Trial practice and procedure
  3. › Affidavit evidence
  4. › Leave to file late affidavits
  5. › Whether primary judge erred in refusing to extend time for filing affidavits to stand as evidence-in-chief
  6. › Where refusal effectively precluded appellant from running any defence
  7. › Where previous trial dates vacated due to non-compliance
  8. › Where application made five business days before trial
• 1. Practice and Procedure
  2. › Case management
  3. › Vacation of trial dates
  4. › Waste of public judicial resources
  5. › Whether court hearing days as limited public resource weighs against granting adjournment
• 1. Practice and Procedure
  2. › Procedural fairness
  3. › Sufficient opportunity to present case
  4. › Whether refusal of further opportunity to adduce evidence constitutes denial of procedural fairness
  5. › Where party failed to avail themselves of opportunity without reasonable cause
• 1. Appeal
  2. › Appeal from final judgment
  3. › Challenge to interlocutory orders
  4. › Whether party may challenge interlocutory orders on appeal from final judgment
  5. › Whether waiver or acquiescence by participating in trial precludes challenge
  6. › Whether interlocutory order affected the final result

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