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 […]
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
Further Particulars Notice & Particularisation of Concerns Notices A concerns notice is a mandatory written notice sent by an aggrieved person to a publisher before initiating defamation proceedings under section the State & Territories Defamation Acts 2005 (as amended). It must: Identify the defamatory matter (e.g., location such as webpage address). Set out the defamatory […]
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 […]
Builder Gone Bust in Queensland? – Everything You Need to Know!
Has you builder gone bust in Queensland? The term “gone bust” refers to liquidation if your builder is a company (XYZ Pty Ltd, for example); or bankruptcy if your builder is a natural person (B. Builder sole trader, for example). There are significant problems in the building and construction industry, including (allegedly): Increase in the […]
