Douglas v State of Queensland [2006] FCA 1015

Douglas v State of Queensland [2006] FCA 1015

The trial date should be vacated because, in light of the pending Baird appeal and its potential to clarify or narrow the issues, promote settlement, or avoid reopening or appeal, proceeding with the August hearing could cause additional and unnecessary expense and inconvenience outweighing the inconvenience of rescheduling; the interests of justice favoured adjournment.

Jurisdiction
Australia
Judgment Date
08 August 2006
Procedural Posture
Notice of Motion Seeking Adjournment of Hearing / Application to Vacate Trial Date Before Hearing Scheduled to Commence on 28 August 2006
Outcome
Hearing adjourned to a date to be fixed; costs reserved.
Legal Topics
['vacation of Trial Date' 'adjournment of Hearing' 'interests of Justice' 'racial Discrimination Compensation Proceedings']
['practice and Procedure' 'human Rights'] ['vacation of Trial Date' 'adjournment of Hearing' 'interests of Justice' 'racial Discrimination Compensation Proceedings']

Case Brief

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Procedural Posture

Notice of Motion Seeking Adjournment of Hearing / Application to Vacate Trial Date Before Hearing Scheduled to Commence on 28 August 2006

Legal Issues

  1. 1 ['Whether the hearing in QUD 389/2005 should be adjourned until after publication of the Full Federal Court decision in Baird & Ors v State of Queensland (No 377 of 2005).' 'Whether the interests of justice outweighed inconvenience to the parties, witnesses and the Court arising from vacating the trial date.']

Ratio Decidendi

The trial date should be vacated because, in light of the pending Baird appeal and its potential to clarify or narrow the issues, promote settlement, or avoid reopening or appeal, proceeding with the August hearing could cause additional and unnecessary expense and inconvenience outweighing the inconvenience of rescheduling; the interests of justice favoured adjournment.

Court Disposition

Hearing adjourned to a date to be fixed; costs reserved.

Orders

  • ['The hearing be adjourned to a date to be fixed.' 'Costs be reserved.']