Civil Litigation
Bankruptcy Restrictions and Breach Consequences
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
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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
Introduction to Preliminary Disclosure in Queensland Chapter 7, Part 1 of the Uniform Civil Procedure Rules 1999 (Qld) (UCPR) gives the Queensland courts an express
When Can a Landlord Terminate a Commercial Lease in Queensland? A commercial landlord in Queensland can terminate a lease where a valid contractual or legal
How to Obtain Documents Referred to in Pleadings in Queensland Rule 222 of the Uniform Civil Procedure Rules 1999 (Qld) (UCPR) provides a specific procedure
Can You Recover a Debt If the Debtor Has No Assets? Yes. A debtor who appears to have no assets is not necessarily beyond the
How to Oppose a Summary Judgment Application in Queensland A plaintiff’s summary judgment application can be opposed successfully in Queensland where the material demonstrates a
Using Statutory Demands to Recover Company Debts A statutory demand is often one of Australia’s most effective tools for recovering an undisputed company debt because
Enforcement of a Judgment in Queensland If the debtor does not voluntarily pay, you may need to take further action to recover the money, including
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