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McEwan v The Commissioner of Taxation of the Australian Taxation Office and Ors [2022] QSC 81

11-5-22 / Matthew Wilkinson — Intellectual Property, Professional Negligence, Professional Discipline & Regulatory, Corporate Insolvency & Bankruptcy

The plaintiff claimed over AUD12 million in damages against several defendants (including the ATO and Commonwealth prosecutors) for the alleged torts of malicious prosecution and misconduct in public office and various other relief. The defendants applied for summary judgment, to permanently set aside parts of the plaintiff’s claim, and to…

Mizikovsky v Berkley & Ors [2021] QSC 294

19-11-21 / Rob Anderson KC, Matthew Wilkinson — Media & Defamation

Rob Anderson QC and Matthew Wilkinson appeared for the respondent/plaintiff, instructed by Sparke Helmore Lawyers. The judgment is published here.

Irving v Pfingst & Anor [2021] QCA 280

18-3-21 / Matthew Wilkinson — Appellate, Human Rights & Discrimination

This was an appeal from the decision of Irving v Pfingst [2020] QSC 280. The majority of the Court of Appeal (Fraser and McMurdo JA) allowed the appeal. Fraser and McMurdo JA held that the police officer in question did not honestly believe that there was a proper basis to…

The Body Corporate for 39 on Scenic CTS 41029 v Queensland Building and Construction Commission & Anor [2021] QCAT 34

29-1-21 / Matthew Wilkinson — Professional Discipline & Regulatory

The applicant body corporate applied to review a decision of the Queensland Building and Construction Commission about the conduct of a building certifier. The building certifier completed certification works of a residential complex at Cooee Bay, Queensland. Many years later, defects in the building works emerged. A question arose as…

Independent Assessor v Councillor Counduct Tribunal & Anor [2020] QSC 316

16-10-20 / Matthew Wilkinson — Judicial Review & Administrative

This case concerned the jurisdiction of the Councillor Conduct Tribunal under the Local Government Act 2009 (Qld) and the power of the Independent Assessor to withdraw an application she had made to the Tribunal. The Supreme Court held that, on the construction of the Act, the power of the Independent…

Cases — Matthew Wilkinson