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Personal Injuries Proceedings Act 2002, s 32 - Duty to Disclose - consequences of non-disclosure - discretion to excuse non-compliance

Authors
Publisher
Queensland Law Society Inc
Publication Date
Keywords
  • 180123 Litigation Adjudication And Dispute Resolution
  • Newson V Aust Scan Pty Ltd T/As Ikea Springwood
  • Personal Injuries Proceedings At 2002
  • S 32
  • Duty To Disclose Documents
  • Discretion To Excuse Non-Disclosure

Abstract

In Newson v Aust Scan Pty Ltd t/a Ikea Springwood [2010] QSC 223 the Supreme Court examined the discretion under s 32(2) of the Personal Injuries Proceedings Act 2002 (Qld), to permit a document which has not been disclosed as required by the pre-court procedures under the PIPA to be used in a subsequent court proceeding. This appears to be the first time that the nature and parameters of the discretion have been judicially considered.

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