QLD Supreme Court Procedures - Responding to Other Party's Response?
- Thread starter 7and3
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Quite likely. You may need the approval of the court. File it and see how you go. Courts prefer to get all matters out of the way in the same sitting rather than have separate cases running with the same parties, especially if the matters are related in some way.
You'll need to serve the other party once it has been filed.
No. It is a counterclaim.
Thank you Rod,
Through the recent discovery and disclosure, the other party have submitted a piece evidence (audio recording) that would relate to mums counterclaim. Would it be ok to use this in the counterclaim to give cause. There is other evidence also.
Much thanks.
Through the recent discovery and disclosure, the other party have submitted a piece evidence (audio recording) that would relate to mums counterclaim. Would it be ok to use this in the counterclaim to give cause. There is other evidence also.
Much thanks.
Depends.
Generally information disclosed in a court case can only be used in that case unless and until the material is filed as evidence. Note that the other party may not use it as evidence.
It may be possible to seek leave of the court to use it, but there is then a strategic timing issue to consider. You would need legal advice as to whether it can be used for a counterclaim, and if so, when is the best time to do.
Hi Rod,
Might I ask your thoughts.
My mum (Defendant to a claim) is looking to file a counterclaim and/or leave. She is claiming that the other side forced the execution of the final will through duress, undue influence and so on. Her remedy is that the final will be set aside and this would then bring the earlier will back (16 months prior) where my mum is Executor.
Query: Would mum be filing the counterclaim as the Defendant or would she be filing as Executor of the earlier will from 18 months prior.
Much thanks.
Might I ask your thoughts.
My mum (Defendant to a claim) is looking to file a counterclaim and/or leave. She is claiming that the other side forced the execution of the final will through duress, undue influence and so on. Her remedy is that the final will be set aside and this would then bring the earlier will back (16 months prior) where my mum is Executor.
Query: Would mum be filing the counterclaim as the Defendant or would she be filing as Executor of the earlier will from 18 months prior.
Much thanks.
Sorry, I'm not in QLD and not familiar enough with their probate laws to be confident in an answer.
A hearing date has been set and the other side have some orders that are now filed.
I need some help with these orders please.
At the trial of this proceeding evidence in chief is to be by way of affidavit.
Does this mean that we cannot take in all the evidence that we have from disclosure and use this at trial.
All parties file and serve any further affidavit material upon which they intend to rely by 1 October 2020.
We are subpoenaing some witnesses, do I write affidavits on their behalf to say that they will be a witness and advise what evidence they will be giving.
By 1 October 2020 each party serve on the other a list of witnesses they intend to call and affidavits that are intended to be read at trial.
Some help in understanding this would be most welcome.
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I need some help with these orders please.
At the trial of this proceeding evidence in chief is to be by way of affidavit.
Does this mean that we cannot take in all the evidence that we have from disclosure and use this at trial.
All parties file and serve any further affidavit material upon which they intend to rely by 1 October 2020.
We are subpoenaing some witnesses, do I write affidavits on their behalf to say that they will be a witness and advise what evidence they will be giving.
By 1 October 2020 each party serve on the other a list of witnesses they intend to call and affidavits that are intended to be read at trial.
Some help in understanding this would be most welcome.
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Report
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