Risk v Quall [2001] FCA 5

Risk v Quall [2001] FCA 5

Blanket pre-trial orders allowing for group consultation or group evidence should not be made in advance; their availability is dependent on it being established in the interests of justice at trial. Orders regarding service of written witness statements are appropriate as proposed by the applicants, with clarification for respondents about the exact content to be served.

Jurisdiction
Australia
Judgment Date
11 January 2001
Procedural Posture
Notice of Motion / Pre Trial Interlocutory Application
Outcome
Granted in part; some orders made by consent, some declined at this stage, costs reserved.
Legal Topics
['evidence' 'case Management' 'group Evidence' 'written Statements']
['civil Procedure'] ['evidence' 'case Management' 'group Evidence' 'written Statements']

Case Brief

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Procedural Posture

Notice of Motion / Pre Trial Interlocutory Application

Legal Issues

  1. 1 ['Whether orders should be made regarding group consultation and group evidence prior to trial' 'Whether orders should require applicants to serve written statements of evidence']

Ratio Decidendi

Blanket pre-trial orders allowing for group consultation or group evidence should not be made in advance; their availability is dependent on it being established in the interests of justice at trial. Orders regarding service of written witness statements are appropriate as proposed by the applicants, with clarification for respondents about the exact content to be served.

Court Disposition

Granted in part; some orders made by consent, some declined at this stage, costs reserved.

Orders

  • ['Applicants to bring in short minutes of order in terms consistent with reasons.' 'By 23 February 2001 the applicants are to serve on the respondents a summary of evidence to be given orally and a copy of any written statement by a primary witness to be called by the applicants.' 'Any question of costs on the...