Civil Litigation
Matters That Must Be Specifically Pleaded in Queensland
What does “specifically pleaded” mean? Matters That Must Be Specifically Pleaded in Queensland – A pleading is not a witness statement and should not recite
What does “specifically pleaded” mean? Matters That Must Be Specifically Pleaded in Queensland – A pleading is not a witness statement and should not recite
What are the elements of defamation in Queensland? The Defamation Act 2005 does not replace the common-law action with a self-contained statutory formula. Section 6(2)
Sequestration Orders and Bankruptcy Notices at a Glance A sequestration order makes an individual bankrupt. An unpaid judgment does not, by itself, entitle a creditor
What Is Small Business Restructuring in Australia? The regime commenced on 1 January 2021. It is sometimes described as a “debtor-in-possession” process because, unlike voluntary
Charging Orders and Asset Seizure – The Short Answer Use seizure and sale when the debtor has identifiable, non-exempt property with enough net value to
How to draft a defence and reply at a glance If you want to draft a defence and reply, this table should assist you quickly,
What is the Harman undertaking in Queensland The Harman undertaking rule is usually expressed this way: when a party is compelled by a rule, court
Bankruptcy restrictions at a glance Bankruptcy restrictions are not all of the same kind. Some are positive duties, such as answering the trustee’s questions. Some
A statement of claim is not the plaintiff’s evidence, correspondence file, or opening submission. It is the disciplined statement of the material facts which, if
What is legal professional privilege in Queensland civil litigation? Legal professional privilege is more than a rule about evidence in court. It is a substantive
Lists of Documents, Inspection and Copies at a Glance Rule What it does Practical deadline or consequence 214 Default method: list the disclosable and privileged
How personal guarantees in commercial leases work The first question in any dispute about personal guarantees in commercial leases is deceptively simple: who promised to
Understanding Rules 223–225 of the UCPR The starting point is the general duty of disclosure under rule 211. A party must disclose each document in
Clawback and bankruptcy do not draw a line under every transaction completed beforehand. A trustee can challenge particular payments and transfers under the Bankruptcy Act
What is a garnishee order? A garnishee order is familiar shorthand, but it is not the principal expression used in Queensland’s civil procedure rules. Under
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