3-9-25 / David Chesterman KC — Contract, Corporations
David Chesterman KC (with Mr J C Peters) represented the respondents, instructed by Russells. The primary issues considered were whether leave should be granted to appeal a default judgment entered under r 5.25 of the Federal Court Rules 2011 (Cth), following repeated noncompliance with court orders including a request for…
13-5-25 / David Chesterman KC, Lucinda Brabazon — Building & Construction, Corporations
David Chesterman KC and Lucinda Brabazon (instructed by Russells) were successful in a strike out application for the Defendant, Hutchinson Builders. The Defendant sought to strike out Part VIII of the Plaintiff’s statement of claim (which contained allegations of fraud, unlawful conspiracy and misleading or deceptive conduct) on the basis…
Goldsmith & Tippett v AMP Life Ltd; Goldsmith & Tippett v Resolution Life Australasia Limited [2024] QCA 184
1-10-24 / David Chesterman KC, Anthony Messina — Corporate Insolvency & Bankruptcy, Land Law & Property
David Chesterman KC and Anthony Messina represented the respondent, instructed by Norton Rose Fulbright. The case involved two appeals made by Goldsmith & Tippett against the previous dismissal of their claims against the respondents, AMP Life Ltd and Resolution Life Australasia Limited. The Court of Appeal reviewed the appropriateness and…
3-10-23 / David Chesterman KC, Oliver Cook — Judicial Review & Administrative, Professional Discipline & Regulatory
The respondent brought an application to strike out part of a discipline application commenced by the Legal Services Commissioner. The respondent’s application was dismissed on the basis that the identified paragraphs formed part of the “matrix of facts” relevant to the characterisation of the respondent’s conduct. Further, Williams J concluded…
5-5-23 / Roger Traves KC, Stewart Webster KC, Salwa Marsh, Sarah Spottiswood, David Chesterman KC — Judicial Review & Administrative
The applicants sought review of a decision made by the Deputy Premier to “call-in” a development application made by Wanless Recycling Park Pty Ltd (Wanless). Wanless’ development application was to establish a new resource recovery and landfill facility involving the rehabilitation and reuse of existing mining voids in Ipswich. The…
