Pleadings and Particulars in Queensland – Complete Guide
The Function and Purpose of Pleadings and Particulars The function and purpose of pleadings under the UCPR is settled, strict, and foundational to the integrity of the adversarial process. Pleadings exist to define the real issues in dispute, give clear advance notice of the case to be met, and thereby secure procedural fairness by preventing […]
Striking out Pleadings and Particulars in Queensland
Striking out Pleadings and Particulars Striking out pleadings and particulars is a procedural mechanism under the Uniform Civil Procedure Rules 1999 (Qld) (“UCPR”) that enables a court to remove defective pleadings or parts of pleadings which fail to meet the requirements of law or procedural fairness. Rule 171 of the UCPR confers upon the court […]
Defence of Absolute Privilege in Defamation
If your dispute concerns statements connected with court proceedings or another potentially protected process, obtain defamation advice from our Brisbane lawyers. We can assess the setting in which each statement was made and any separate publication outside that setting. Defence of Absolute Privilege in Defamation Defamation law seeks to strike a balance between the protection […]
Injurious Falsehood -v- Defamation in Australia
When damaging statements affect a business and the people behind it, identifying the appropriate claimant and cause of action is essential. Obtain Brisbane advice on defamation and business reputation to assess whose interests were harmed and which legal options warrant further consideration. What Is Injurious Falsehood? At common law, the tort of injurious falsehood arises […]
Why ‘Alleged’ Isn’t Enough – Defamation Defence Myths
Planning to publish a serious accusation? Our Brisbane lawyers providing pre-publication defamation advice can review the complete draft and supporting documents, identify potential risks and advise on changes before the material reaches its audience. Why Writing “Alleged” Isn’t a Safe Harbour The use of the word “alleged” has long been misunderstood as a protective device […]
Default Judgments in Defamation (QLD)
What is a Default Judgment in Defamation? A default judgment in a defamation proceeding arises when a defendant fails to take the basic procedural steps required to contest the claim – failing to file either a notice of intention to defend or a defence within the time prescribed by the rules. When this occurs, the […]
Damages in Commercial Litigation in Qld
Damages in Commercial Litigation Damages in commercial litigation are a monetary award intended to compensate a party for loss or harm resulting from the wrongful conduct of another. Damages can arise in a wide range of disputes, including contract breaches, negligence claims, property disputes, and defamation cases. In Queensland, claimants must not only prove they […]
Variations in Building Contracts (Queensland) – Complete Guide
Variations in Building Contracts Variations in Building Contracts can cause problems for builders and homeowners. Building or renovating a property is an exciting venture, but it rarely unfolds exactly as planned. Changes in design preferences, unexpected site conditions, or updated regulatory requirements can all lead to modifications in the original construction agreement. These changes, known […]
What are Fiduciary Duties in Australia?
What Are Fiduciary Duties in Australia? Fiduciary duties form a central pillar of equitable obligations in Australian law. These duties arise when one party is entrusted with power or discretion that affects the interests of another. The party holding that responsibility—referred to as the fiduciary—is expected to exercise its powers solely for the benefit of […]
Construction Lawyers – Why Do I Need One?
Construction Lawyers – Why Do I Need One? Construction lawyers are essential because navigating a construction project without legal guidance is like building on unstable ground—everything can come crashing down when you least expect it. From contract drafting to final payment, the construction process is a complex legal landscape where a single misstep can lead […]
Security for Costs Orders in Queensland
What is a Security for Costs Order? In civil/commercial litigation, a security for costs order is a protective legal mechanism that allows a defendant to request that the plaintiff provide a financial guarantee, usually in the form of a court-held payment, to cover the defendant’s potential legal costs if the plaintiff’s case fails. This ensures […]
Further Particulars Notice in Defamation
Whether you need clarification of a complaint or have received a request for more detail, seek Brisbane assistance with defamation notices. We can review the notice, identify the information required and help prepare an appropriate response. Further Particulars Notice & Particularisation of Concerns Notices A concerns notice is a mandatory written notice sent by an […]
How to Collect Statute Barred Debts
Are you a creditor or a financial controller looking at how to collect statute barred debts? If so, this may cause a lot of concern for you as a creditor, as dealing with statute-barred debt is a difficult situation to find yourself in and may prevent you from recovering the debt. In most states and […]
What is a Bankruptcy Notice?
A bankruptcy notice is the first document served on a human judgment debtor to commence bankruptcy proceedings against that debtor. Once served, the judgment debtor will have 21 days to: pay to the creditor the amount of the debt claimed; or make arrangements to the creditor’s satisfaction for settlement of the debt; or apply to […]
Breach of Directors Duties in Australia
Breach of Directors’ Duties in Australia A breach of directors’ duties can have very serious consequences. If you are the director of a company in Australia that is just starting off and is looking for some information about your duties, or you are an existing director with years of experience who just needs a little […]
