Enforcing A Judgment
Enforcing a judgment, money order, or a registered adjudication or QCAT decision is complicated and expensive if not done correctly. Stonegate Legal’s debt enforcement lawyers can help you through the complicated process of enforcing a judgment, money order, or an adjudication or QCAT decision over the property of the judgment debtor. Your options for enforcing […]
Commence Proceedings on a Person or Company
Do you need to commence proceedings in Court or Tribunal? There are three (3) main options to commence proceedings against a defendant: Commence proceedings in the Queensland Civil Administrative Tribunal (“QCAT”); and Commence Proceedings in the Court with jurisdiction for civil litigation or commercial litigation; or Serve a statutory demand. The purpose of commencing proceedings […]
Rebutting the Presumption of Insolvency
Rebutting the Presumption of Insolvency – If a company has failed to set aside a statutory demand within twenty one (21) days from the date the statutory demand was served on the company then the Corporations Act 2001 (“the Act”) allows for a presumption that the company is insolvent and the risk that the company could be […]
Setting Aside a Default Judgment in Queensland
Setting Aside a Default Judgment in Queensland If a default judgment has been entered against you, then you must act quickly and seek an order from the Court that the default judgment be set aside. If you do not set aside the default judgment, then the plaintiff/creditor can obtain an enforcement warrant from the Court, […]
About Stonegate Legal
Your Partner in Navigating Complex Litigation. Stonegate Legal is a dedicated commercial litigation law firm focussing on building and construction disputes, debt recovery/collection, corporations disputes, commercial lease disputes, defamation, libel & slander, issuing and defending statutory demands. We combine the latest technology and up-to-date software to give our clients a service like no other. Speak […]
Building Contract Reviews – Complete Guide
Building Contract Reviews in Queensland Building contract reviews are not about rewriting the deal or slowing down the project. They are about identifying legal and financial risks before they become locked in. A proper review examines how the contract operates in practice, not just how it reads on the page, by testing payment structures, variation […]
Can a Holding Company Be Liable for Its Subsidiary’s Debts?
Australian law begins from a firmly established premise: each company within a corporate group is a separate legal entity, and creditors of a subsidiary cannot, merely because of group membership or control, pursue the holding company for the subsidiary’s debts. The High Court articulated this principle with clarity in Walker v Wimborne [1976] HCA 7, […]
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
Defence of Absolute Privilege in Defamation Defamation law seeks to strike a balance between the protection of individual reputation and the preservation of free and robust communication. At one extreme of this balance lies the defence of absolute privilege, a doctrine that renders certain communications completely immune from defamation liability because of the public interest […]
Injurious Falsehood -v- Defamation in Australia
What Is Injurious Falsehood? At common law, the tort of injurious falsehood arises where a false statement is published about or affecting a commercial business, that statement is published maliciously, and it causes the plaintiff’s business actual damage. As explained by the High Court, the essence of the action lies in protecting commercial or proprietary […]
Why ‘Alleged’ Isn’t Enough – Defamation Defence Myths
Why Writing “Alleged” Isn’t a Safe Harbour The use of the word “alleged” has long been misunderstood as a protective device in defamation law. Many publishers and individuals believe that by prefacing an accusation with “it is alleged”, they insulate themselves from liability. This assumption is incorrect. Courts consistently emphasise that liability turns on the […]
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 […]
