In McEwan v The Commissioner of Taxation [2024] QSC 113, the Supreme Court of Queensland reviewed several applications in a case involving the self-represented plaintiff, Julie McEwan, against the Commissioner of Taxation and others. The court delivered its decision on 5 June 2024, following a hearing on 24 May 2024. The Commonwealth defendants' applications for leave to bring a summary judgment and strike-out applications were refused, citing the late stage at which they were brought, which risked derailing the trial. The court permitted Mr. Rains to be re-joined as a second defendant after proceedings against him were previously discontinued. McEwan's amended statement of claim filed on 8 May 2024, was struck out for incorporating unauthorized substantive changes beyond deleting claims against Mr Rains. Further affidavits from McEwan were also disallowed to prevent undue burden on the trial judge and the defendants. Additionally, McEwan’s application to inspect documents over which the defendants claimed legal professional privilege was refused, maintaining the privilege claims were properly asserted and without evidence of improper claims.
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