Fichera v Beinke & Anor [2004] QSC 118

State Reporting Bureau [2004] osc m Queensland Government Department of Justice and Attorney-General Transcript of Proceedings Copyright in this transcript is vested in the Crown. Copies thereof must not be made or sold without the written authority of the Director, State Reporting Bureau. SUPREME COURT OF QUEENSLAND CIVIL JURISDICTION JONES J REVISED COPIES ISSUED State Reporting Bureau Date: 19 March, 2004 Application No 29 of 2002 DAMIEN SEAN FICHERA Respondent/Plaintiff and DONALD STEPHEN BEINKE First Defendant and AUSTRALIAN ASSOCIATED MOTOR INSURERS Applicant/Second LIMITED Defendant CAIRNS ..DATE 15/03/2004 JUDGMENT WARNING: The publication of information or details likely to lead to the identification of persons in some proceedings is a criminal offence. This is so particularly in relation to the identification of children who are involved in criminal proceedings or proceedings for their protection under the Child Protection Act 1999, and complainants in criminal sexual offences, but is not limited to those categories. You may wish to seek legal advice before giving others access to the details of any person named in these proceedings. 1 4th Floor, The Law Courts, George Street, Brisbane, Q. 4000 Telephone: (07) 3247 4360 Fax: (07) 3247 5532 -- 1 of 3 -- HIS HONOUR: This is an application on the part of the defendants to be provided with financial records in the event that taxations returns of the plaintiff are not available. This matter is listed as a reserve trial on the 29th of April 1 2004. The preparation of financial returns is essential to the determination of the issues that will be raised on the trial . The plaintiff is yet to file his taxation returns for the 2 financial year ending 30th of June 2003. There seems to be no reason why those taxation returns, which will no doubt include financial statements, should not be prepared forthwith. It will be necessary, I am informed, to dispose of the issues 3 for financial statements to be prepared to the 31st of December 2003. It would seem to me to be a relatively simple matter for those financial statements to be prepared in conjunction with the 4 preparation of the taxation returns and financial records to the 30th of June 2003. It will be necessary for those financial returns to be prepared in a timely way. The parties have asked that time limits be set for those steps. My orders will be that on or before the 30th of March 2004 the plaintiff provide to the solicitors for the defendant a copy of taxation returns including financial statements to the 15032004 D.l T3/DK M/T CNS1/2004 (Jones J) 2 JUDGMENT C € ! $ -- 2 of 3 -- financial year ending 30th of June 2003, and financial 1 statements for the period ending 31st of December 2003. I further order that the defendants provide to the plaintiff's solicitor a copy of any expert accounting report to be relied 10 upon within 14 days of their receipt of the financial statements referred to in order 1. 15032004 D.l T3/DK M/T CNS1/2004 (Jones J) 20 HIS HONOUR: I order that the cost of and incidental to this application be reserved. 30 40 50 3 JUDGMENT 80 -- 3 of 3 --