Practice and Procedure : UCPR r 95

Jackson, Sheryl (2010) Practice and Procedure : UCPR r 95. Proctor, 30(1), p. 55.

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In Energex Limited v Sablatura [2009] QSC 356 the difficulty facing the applicant related not to its substantive rights, but to its ability to vindicate those rights without an effective respondent to the application. The case highlights issues that may confront an applicant or plaintiff in vindicating rights it may have against a person who is or becomes under a legal incapacity, if there is no-one other than the Public Trustee able to act as litigation guardian.

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ID Code: 58837
Item Type: Journal Article
Refereed: Yes
Keywords: UCPR r 95, litigation guardian for person under legal incapacity, appointment of public trustee
ISSN: 1321-8794
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Litigation Adjudication and Dispute Resolution (180123)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Copyright Owner: Copyright 2010 The author
Deposited On: 02 Apr 2013 23:42
Last Modified: 20 Jul 2013 08:05

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