QLD Supreme court procedure query with reply

Discussion in 'Other/General Law Forum' started by 7and3, 9 August 2018.

  1. 7and3

    7and3 Well-Known Member

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    Hi,

    My mum is now self representing and has been served a claim and statement of claim and she has filed her defence.
    The other side has replied to her defence and the question is can we now respond to the other sides reply.
    What is the next step for this prior to requesting a showing of particulars.
    Thanks.
     
  2. Rod

    Rod Well-Known Member

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    What type of matter is this?

    Further and better particulars then
    discovery, then maybe
    interrogatories
    then trial.

    While all this is happening negotiation and dispute resolution should be attempted.
     
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  3. 7and3

    7and3 Well-Known Member

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    Thanks Rod.
    It is a deceased estate matter.

    My mum was gifted a unit from her elderly friend of 17 years. The deceased never got along with her own family and had nothing to do with them (three children) and the deceased family hated the deceased and were never in her life.

    The usual old story took place, six weeks before her passing, the family all of a sudden decided to reconnect.

    My mum is now being sued for unconscientious dealing, stating special disadvantage and so on. My mum has actual recordings of the deceased stating that she wanted to gift the unit to my mum and that she would definitely not give it to her own family. The family are well aware that their claim is based of false allegations, however this is the only avenue they have that they can make any sort of case with. Such is life.

    I have since discovered that we are to prepare and pass over the disclosure documents and receive them from the other side.
    This initially started with an affidavit and an originating application. The court also said we had to attend a mediation which has taken place. If mediation was unsuccessful then the other side was to lodge a claim and so on. Mediation was not successful so we are now going through the claim process.

    Might I ask, since we have already had a mediation does the court still request a further attempt at settlement prior to trial (mediation of sorts) AND can my mum refuse to sign a form 48 for a trial date if she feels that she is not ready for trial.

    Much thanks.
     
  4. Rod

    Rod Well-Known Member

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    It can, though I have no idea how often this occurs.

    Not without a very good reason. She has 21 days to get the form in else the other side can say stuff it and submit the form anyway to the court. No advantage to your mother in refusing to sign, and a possibility of a disadvantage by not signing.

    She can list a 'not before trial date' but should be reasonable about the date. Often unless there's evidence from 3rd parties that is going to take time to gather, it's better to get the matter dealt with sooner rather than later.
     
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