Which Court Should Hear a Queensland Debt Claim?
Which court should hear a Queensland debt claim A Queensland debt claim for a fixed or agreed amount of up to $25,000 may be brought in QCAT. The Magistrates Court ordinarily hears money claims up to $150,000, the District Court is the usual choice above $150,000 and up to $750,000, and the Supreme Court ordinarily […]
Make Good Clauses in Queensland Leases
Make good clauses in Queensland under the Property Law Act 2023 Make good clauses set the condition in which a tenant must return commercial premises, including any required repairs, removal of fit-out and reinstatement of alterations. Queensland’s Property Law Act 2023 has not abolished the statutory limit on repair damages. Section 178 retains that protection. […]
Interest on Unpaid Debts in Queensland
Interest on Unpaid Debts in Queensland can arise under an enforceable contract, a court’s discretionary award before judgment, or the statutory rules applying to a judgment debt. An overdue invoice does not, by itself, entitle a creditor to charge any rate it chooses. For 1 July to 31 December 2026, the published statutory default-judgment rate […]
Defamation Lawyers Sunshine Coast
Defamation Lawyers Sunshine Coast Have You Been Defamed or Accused of Defamation? Stonegate Legal’s Sunshine Coast defamation lawyers advise people bringing claims and people responding to allegations. From our Noosaville office, we assess damaging publications, Concerns Notices and defamation proceedings, helping you understand your options before deciding what to do next. Whether the dispute […]
Trust structures and asset protection during bankruptcy
Trust structures and asset protection depend on who owns each legal and beneficial interest, how the trust was funded and whether earlier transfers can be recovered. A genuine trust can keep property held for others outside a bankrupt person’s divisible estate. It does not protect the bankrupt’s own entitlements, remove a trustee’s indemnity rights or […]
Pleading Damages, Interest and Relief in Queensland
What must be pleaded Pleading Damages, Interest and Relief in Queensland requires a party to identify the loss claimed, state its amount and calculation or estimate, plead the facts connecting that loss to the alleged wrongdoing, particularise any interest claim, and specify the orders sought. The principal provisions are rules 149, 150 and 155–159 of […]
Special Defences in Queensland: Confession, Tender and Set-Off
A defendant may answer a money claim by showing that a defence arose after suit began, that payment was properly tendered before suit, or that a connected cross-claim should reduce what is payable. These are different routes with different consequences. A confession of a later defence can preserve the plaintiff’s claim to pre-defence costs; an […]
Defamation Pleadings in Queensland
Defamation pleadings identify the publication, the meaning said to be conveyed, the people to whom it was communicated, and the serious reputational harm alleged. The defence must answer those facts directly and plead each substantive answer, including truth or privilege, with its factual basis. In Queensland, an imprecise pleading can lead to requests for particulars, […]
Commercial Construction Contracts in Queensland
Commercial Construction Contracts allocate the price, time and risk of a building project. In Queensland, the written bargain operates alongside the Queensland Building and Construction Commission Act 1991 (Qld) (QBCC Act) and the Building Industry Fairness (Security of Payment) Act 2017 (Qld) (BIF Act). Before signing, identify the correct contracting entities and licence, settle the […]
How to Prove a Debt in Court: Documents and Evidence
To prove a debt in a Queensland court, a creditor needs evidence of the legal obligation, the correct debtor, the goods supplied or money advanced, when payment became due, and the outstanding balance. A signed contract helps, but the proof may also lie in purchase orders, emails, delivery records, bank transfers and a properly reconciled […]
Asset Protection During Bankruptcy
Asset protection during bankruptcy turns on ownership, not the name on a trust deed. Property genuinely held for others is generally excluded from a bankrupt estate, but the bankrupt’s own beneficial rights, debts owed by the trust, and trustee indemnity may still be valuable. A transfer into a trust can also be recovered if it […]
Retail Lease Protection in Queensland
Retail lease protection in Queensland: what the Act actually gives a tenant Retail lease protection under Queensland’s Retail Shop Leases Act 1994 (Qld) applies only to a qualifying retail shop lease. It requires pre-lease disclosure, regulates rent reviews and outgoings, restricts some charges, provides compensation for specified landlord conduct and offers a retail tenancy dispute […]
Construction Law in Queensland: Complete Guide
What Construction Law in Queensland Covers Construction law in Queensland is not a single code. It is the intersection of contract, statute, tort, consumer law, property law, professional regulation and civil procedure. It applies to homeowners and residential builders, but also to developers, head contractors, subcontractors, suppliers, architects, engineers, certifiers and project managers. A dispute […]
Genuine Defence in Debt Recovery
What is a Defence in Debt Recovery? A defence in debt recovery: A debt claim usually alleges a legal obligation to pay a fixed or ascertainable sum. The obligation may arise under a loan, a contract for goods or services, a guarantee, an account stated, a statute or, in some cases, restitution. Stonegate Legal’s guide […]
The Harman Undertaking in Queensland
What is the Harman undertaking in Queensland The Harman undertaking rule is usually expressed this way: when a party is compelled by a rule, court order or comparable process to provide documents or information, the recipient may use that material only for the purpose for which it was provided unless the court gives leave or […]
