Attorney General in and for the State of New South Wales v Markisic [2012] NSWSC 1143

Supreme Court New South Wales

Medium Neutral Citation: Attorney General in and for the State of New South Wales v Markisic [2012] NSWSC 1143 Hearing dates: 13 September 2012 Decision date: 21 September 2012 Jurisdiction: Common Law Before: Schmidt J Decision: 1.Leave granted to the Commonwealth to be excused from the hearing of the summons. 2.Each party is to file and serve their written submissions in support of their motions within 21 days . 3.Each party is to file any written submissions in reply, within a further 21 days. 4.At the hearing the parties' oral submissions will be limited to a response, in each case, to any matter raised by the reply and not already dealt with in the parties' written submissions. 5.The defendants are to file any motion by which they seek to pursue any further disqualification application, supported by an affidavit and all written submission on which they seek to rely. Catchwords: CIVIL - procedure - disqualification application - refused - application for trial by jury - previously heard and refused - application - application that summons be dismissed - application previously heard and refused - directions - direction under s 62(3) that submissions be in writing Legislation Cited: Supreme Court Act 1970 Uniform Civil Procedure Rules 2005 Vexation Proceedings Act 2008 Civil Procedure Act 2005 () Cases Cited: Attorney General in and for the State of New South Wales v Markisic [2012] NSWSC 433 Attorney General in and for the State of New South Wales v Markisic [2012] NSWSC 866 Attorney General in and for the State of New South Wales v Markisic [2011] NSWSC 1304 Attorney General in and for the State of New South Wales v Markisic [2011] NSWSC 1333 Australian National Industries Ltd v Spedley Securities Ltd (in liq) (1992) 26 NSWLR 411; (1992) 9 ACSR 309 Ebner v Official Trustee in Bankruptcy [2000] HCA 63; (2000) 205 CLR 337 Maroubra Rugby League Football Club Inc v Malo [2007] NSWCA 39; (2007) 69 NSWLR 496 Michael Wilson & Partners Ltd v Nicholls [2011] HCA 48; (2011) 244 CLR 427; (2011) 282 ALR 685 Smith v New South Wales Bar Association [1992] HCA 36; (1992) 176 CLR 256 Category: Procedural and other rulings Parties: Attorney General in and for the State of New South Wales - Plaintiff/First Cross Defendant Dragan Markisic - First Defendant/First Cross Claimaint Oliver Markisic - Second Defendant/Second Cross Claimant The Commonwealth of Australia - Second Cross Defendant Representation: Counsel: Mr JS Emmett (Plaintiff) Mr DP Robinson SC (Second Cross Defendant) Solicitors: IV Knight, Crown Solicitor (Plaintiff) Dragan Markisic (In person) Oliver Markisic (In person) File Number(s): 2011/76594 Publication restriction: None