Commercial Litigation Lawyers
Commercial Litigation Lawyers Commercial disputes can disrupt cash flow, strain business relationships, and expose you to significant financial risk. Stonegate Legal acts for businesses, directors, contractors, and individuals in commercial litigation matters across Queensland, delivering strategic advice, strong representation, and commercially Free 30-minute consultation Your details are 100% confidential. Commercial litigation disputes What Is Commercial […]
Subcontractor Payment Rights – Complete Guide
Subcontractor Payment Rights in Queensland Regarding subcontractors payment rights, payment disputes remain one of the most persistent and commercially damaging issues in the building and construction industry. Subcontractors often sit at the most vulnerable point in the contractual chain, required to perform work upfront while relying on upstream parties to pass payments down. Recognising this […]
Personal Costs Orders Against Solicitors in Australia
Personal Costs Orders Against Solicitors In Australian civil litigation, the general rule is that costs follow the event. The unsuccessful party will ordinarily be required to pay the successful party’s legal costs. This principle holds that a litigant who is forced to resort to the courts to vindicate their rights should not be financially disadvantaged […]
Are Builders Personally Liable in Queensland?
Are Builders Personally Liable in Queensland? When asking “Are Builders Personally Liable“, many Queensland builders operate through proprietary limited companies under the assumption that incorporation provides complete protection from personal liability. While corporate personality remains a fundamental principle of Australian company law, that protection is neither absolute nor impenetrable. In practice, builders may face significant […]
Default Interest Clauses – Complete Guide
Why Default Interest Clauses Attract Judicial Scrutiny Default interest clauses sit at the intersection of orthodox contract enforcement and the long-standing judicial concern to prevent contractual sanctions masquerading as compensation. Although interest is often described as the price paid for the use of money, an increase in interest triggered by default raises qualitatively different legal […]
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 […]
