A summary judgment application is not an interlocutory proceeding for the purposes of the hearsay exception in s 75 of the Evidence Act 2011 (ACT). Allegations of dishonesty in breach of fiduciary duty claims must be specifically pleaded with material facts under r 407(1)(h) of the Court Procedures Rules 2006 (ACT). Defects in pleadings are not remedied by provision of further and better particulars; the facts in the body of the pleading must be sufficient on their own.
The full text is available to signed-in members, including the 2 later cases that cite this judgment.
2 of the 2 citing cases carry a classified treatment. How each court treated it is available to signed-in members.