No variance for filed orders: Hayes v Westpac Banking Corporation [2015] QCA 260

Jackson, Sheryl (2016) No variance for filed orders: Hayes v Westpac Banking Corporation [2015] QCA 260. Proctor, 36(2), pp. 42-43.

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In Hayes v Westpac Banking Corporation [2015] QCA 260 the Queensland Court of Appeal examined the relationship between rules 7 (extending and shortening time) and 667 (setting aside) of the Uniform Civil Procedure Rules 1999 (Qld), and held that r667(1) does not enable the court to set aside or vary an order after the order has been filed. The court found that, to the extent that this conclusion was contrary to the decision in McIntosh v Linke Nominees Pty Ltd [2010] 1 Qd R 152, the decision in McIntosh was wrong and should not be followed.

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ID Code: 94096
Item Type: Journal Article
Refereed: Yes
Additional URLs:
Keywords: UCPR r667, UCPR r7, setting aside judgments, whether time may be extended after order filed
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
Current > Schools > School of Law
Copyright Owner: Copyright 2016 The Author
Deposited On: 23 Mar 2016 04:37
Last Modified: 24 Mar 2016 02:11

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