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Cases Citing This Decision
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Statutory Material Cited
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Jakimowicz v Jacks
[2016] FCCA 1347
Citation 1
…596, Francis v National Mutual Life Association of Australasia Ltd [1999] 2 Qd R 355, Stone v ACE-I.R.M Insurance Broking Pty Ltd [2004] 1 Qd R 173, Jakimowicz v Jacks (2014) 288 FLR 365…
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Chen v Monash University
[2016] FCAFC 66
Citation 2
(Para 1)
…an dismissed it. Accordingly, he submitted, the order could not be set aside under Rule 24.06 or 34A.16. He also referred to Chen v Monash University [2016] FCAFC 66 and the cases referred to therein which were said to establish that there is no implied power to set aside a perfected order bringing a proceeding to…
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Northern Health v Kuipers
[2015] VSCA 172
Citation 3
(Para 1)
…n set out in s.9(1) of the CPA and may have regard to the matters set out in s.9(2). As noted by the Court of Appeal in Northern Health v Kuipers [2015] VSCA 172, the “main focus” of the considerations in s.9 of the CPA is “forward looking and, in particular, in ensuring a fair and just determination of the real i…
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Jacks v Jakimowicz
[2014] VSCA 120
Citation 4
(Para 1)
…as the case in Jakimowicz v Jacks :[2] “the facts must be fully investigated and the question cannot be determined on a summary application” . [2](2014) 288 FLR 365 at 373 [32]…
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Rolfe v Investec Bank (Australia) Ltd
[2014] VSCA 38
Citation 5
(Para 1)
…Stone was applied by the Victorian Court of Appeal in Rolfe v Investec Bank (Aust) Ltd [2014] VSCA 38. Nettle and Beach JJA and McMillan AJA said at [86]:…
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Lubura v Nezirevic
[2013] VSCA 215
Citation 6
(Para 1)
…to an application to set aside a default judgment, and in my view similar considerations govern the exercise of my discretion. In Lubura v Nezirevic (2013) 42 VR 43 at [3], Warren CJ described the test for setting aside a default judgment as follows:…