Stonegate Legal

Special Defences in Queensland: Confession, Tender and Set-Off

Wayne Davis — Tue, 29 Sep 2026 05:50:46 +0000

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 […]

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What Happens If a Pleading Is Not Filed or Discloses No Case?

Wayne Davis — Mon, 28 Sep 2026 05:51:01 +0000

If a defendant does not file a notice of intention to defend after being served with a Queensland claim, the plaintiff may seek default judgment once the response time expires. If a pleading is filed but discloses no reasonable cause of action or defence, the opponent may ask the court to strike out all or […]

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Third-Party Proceedings in Queensland: Complete Guide

Wayne Davis — Sun, 27 Sep 2026 23:41:00 +0000

Third-Party Proceedings allow a defendant to bring another person into an existing Queensland claim where that person may owe a contribution or indemnity, may be liable for substantially similar connected relief, or needs to be bound by a connected issue. The procedure is governed chiefly by rr 191–208 of the Uniform Civil Procedure Rules 1999 […]

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Defamation Pleadings in Queensland

Wayne Davis — Sun, 27 Sep 2026 04:46:41 +0000

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, […]

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Commercial Construction Contracts in Queensland

Wayne Davis — Sat, 26 Sep 2026 06:19:20 +0000

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 […]

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Amending Pleadings in Queensland Civil Proceedings

Wayne Davis — Fri, 25 Sep 2026 05:10:05 +0000

Amending Pleadings changes the case a party has formally put in issue. In Queensland, a party can generally amend a pleading before a request for trial date without leave, but that freedom is qualified. An originating process requires leave; an amendment after an expired limitation period can face the restrictions in r 376; an admission […]

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How to Prove a Debt in Court: Documents and Evidence

Wayne Davis — Fri, 25 Sep 2026 01:18:05 +0000

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 […]

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Defamatory Meaning and the Ordinary Reasonable Person Test

Wayne Davis — Thu, 24 Sep 2026 04:44:22 +0000

Defamatory Meaning and the Ordinary Reasonable Person Test Defamatory meaning is the reputational sting an ordinary reasonable recipient would take from the whole publication. The question is what the words, images and context convey, including reasonable implications, and whether that meaning would make ordinary reasonable people think less of the person identified. The plaintiff’s hurt […]

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Counterclaims in Queensland Civil Proceedings: Complete Guide

Wayne Davis — Thu, 24 Sep 2026 02:32:45 +0000

Counterclaims in Queensland let a defendant seek its own relief in the plaintiff’s existing proceeding. Under the Uniform Civil Procedure Rules 1999 (Qld) (UCPR), it is ordinarily included with the defence in Form 18 and served within the defence period. The plaintiff generally has 14 days to answer; a newly joined defendant to the counterclaim […]

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Asset Protection During Bankruptcy

Wayne Davis — Wed, 23 Sep 2026 21:57:30 +0000

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 […]

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