Attorney General in and for the State of New South Wales v Markisic [2013] NSWSC 1212

Supreme Court New South Wales

Medium Neutral Citation: Attorney General in and for the State of New South Wales v Markisic [2013] NSWSC 1212 Hearing dates: 19 August 2013 Decision date: 02 September 2013 Jurisdiction: Common Law Before: Schmidt J Decision: 1. The proceedings are adjourned until further order, so far as Mr Oliver Markisic is concerned. The parties have liberty to approach to have them restored to the list, on the giving of three days' notice. 2. The orders sought by Mr Dragan Markisic in the motions of 14 March 2012 and 29 May 2012 are refused. 3. So far as Mr Dragan Markisic is concerned, the Attorney General is given leave to amend in the terms sought: (a) the motion of 22 August 2012 (b) the summons. 4. Costs of the motions are reserved. Catchwords: PROCEDURE - adjournment application - refused - further disqualification application - refused - notice of motion seeking leave to file second cross-summons - not granted - orders sought to restrain legal practitioners from acting in the proceedings - not granted - notice of motion seeking three judgments to be set aside - refused - notice of motion seeking an amendment to summons - additional prayer to be added to the summons, that the cross-claim be stayed - granted - costs reserved - further directions Legislation Cited: Civil Procedure Act 2005 Crimes Act 1900 Crimes Act 1914 (Cth) Evidence Act 1995 Family Law Act 1914 Family Law Act 1975 (Cth) Legal Profession Act 2005 Limitation Act 1969 Uniform Civil Procedure Rules 2005 Vexatious Proceedings Act 2008 Cases Cited: Attorney General in and for the State of New South Wales v Markisic [2012] NSWSC 510 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 [2012] NSWSC 1143 Attorney General in and for the State of New South Wales v Markisic [2011] NSWSC 1436 Attorney General in and for the State of New South Wales v Markisic [2012] NSWSC 1253 Attorney General in and for the State of New South Wales v Markisic [2013] NSWSC 977 Driclad Pty Ltd v Commissioner of Taxation (Cth); Marine Plastic Co Pty Ltd v Commissioner of Taxation (Cth); Rollason v Commissioner of Taxation (Cth) [1968] HCA (1968) 121 CLR 45 Kallinicos v Hunt [2005] NSWSC 1181; (2005) 64 NSWLR 561 McDonald v McDonald [1965] HCA 45; (1965) 113 CLR 529 Markisic v Commonwealth of Australia [2010] NSWSC 24 Markisic v Department of Community Services of New South Wales (No 2) [2006] NSWCA 321 Perpetual Trustees Australia Ltd v Heperu Pty Ltd [No 2] [2009] NSWCA 387; (2009) 78 NSWLR 190 R v Commonwealth Conciliation and Arbitration Commission; Ex parte Angliss Group [1969] HCA 10; (1969) 122 CLR 546 Category: Interlocutory applications Parties: Attorney General in and for the State of New South Wales - Plaintiff/First Cross Defendant Dragan Markisic - First Defendant/First Cross-claimant Oliver Markisic - Second Defendant/Second Cross-claimant The Commonwealth of Australia - Second Cross Defendant Representation: Counsel: Mr JS Emmett (Plaintiff/First Cross Defendant) Mr DP Robinson SC (Second Cross Defendant) Solicitors: IV Knight, Crown Solicitor (Plaintiff) Mr A Markus, Australian Government Solicitor (Second Cross-Defendant) Mr Dragan Markisic (in person) File Number(s): 2011/76594 Publication restriction: None