Stonegate Legal

Bankruptcy Restrictions and Breach Consequences

Wayne Davis — Fri, 04 Sep 2026 22:00:57 +0000

Bankruptcy restrictions at a glance Bankruptcy restrictions are not all of the same kind. Some are positive duties, such as answering the trustee’s questions. Some prohibit conduct, such as leaving Australia without consent. Others arise under separate legislation, including the corporate-management disqualification in the Corporations Act 2001 (Cth). Area What an undischarged bankrupt must do […]

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Draft and File a Statement of Claim in Queensland

Wayne Davis — Thu, 03 Sep 2026 22:00:35 +0000

A statement of claim is not the plaintiff’s evidence, correspondence file, or opening submission. It is the disciplined statement of the material facts which, if proved, establish each element of the cause of action and justify the relief sought. In Queensland it is ordinarily attached to a Form 2 claim, filed with it, and served […]

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Legal Professional Privilege in Queensland

Wayne Davis — Thu, 03 Sep 2026 00:58:18 +0000

What is legal professional privilege in Queensland civil litigation? Legal professional privilege is more than a rule about evidence in court. It is a substantive common law immunity which permits a client to resist the compulsory production of certain confidential communications and documents. The privilege belongs to the client, not the solicitor. Its purpose is […]

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Lists of Documents, Inspection and Copies

Wayne Davis — Wed, 02 Sep 2026 00:39:04 +0000

Lists of Documents, Inspection and Copies at a Glance Rule What it does Practical deadline or consequence 214 Default method: list the disclosable and privileged documents; provide requested non-privileged copies. Usually 28 days after close of pleadings; copies within 14 days; later documents within 7 days. 215 Allows a party to require inspection of specified […]

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Personal Guarantees in Commercial Leases: Risks for Directors

Wayne Davis — Tue, 01 Sep 2026 22:58:00 +0000

How personal guarantees in commercial leases work The first question in any dispute about personal guarantees in commercial leases is deceptively simple: who promised to do what? A company has its own legal capacity and can enter a lease in its own name under s 124(1) of the Corporations Act 2001 (Cth). A director can […]

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Further Disclosure and Non-Disclosure in Queensland

Wayne Davis — Tue, 01 Sep 2026 06:18:38 +0000

Understanding Rules 223–225 of the UCPR The starting point is the general duty of disclosure under rule 211. A party must disclose each document in its possession or control that is directly relevant to an allegation in issue in the pleadings. The duty continues until the proceeding is decided. Rules 223, 224 and 225 deal […]

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Clawback Risks in Bankruptcy Explained

Wayne Davis — Thu, 27 Aug 2026 22:00:44 +0000

Clawback and bankruptcy do not draw a line under every transaction completed beforehand. A trustee can challenge particular payments and transfers under the Bankruptcy Act 1966 (Cth), chiefly as an undervalued transaction under s 120, a transfer intended to defeat creditors under s 121, or a preference under s 122. The result depends on the […]

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Garnishee Orders in Queensland

Wayne Davis — Thu, 27 Aug 2026 01:05:21 +0000

What is a garnishee order? A garnishee order is familiar shorthand, but it is not the principal expression used in Queensland’s civil procedure rules. Under chapter 19 of the Uniform Civil Procedure Rules 1999 (Qld) (UCPR), the relevant process is an enforcement warrant authorising the redirection of a debt. A warrant may capture a single […]

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Preliminary Disclosure in Queensland — Rules 208C–208G

Wayne Davis — Wed, 26 Aug 2026 02:02:56 +0000

Introduction to Preliminary Disclosure in Queensland Chapter 7, Part 1 of the Uniform Civil Procedure Rules 1999 (Qld) (UCPR) gives the Queensland courts an express power to order preliminary disclosure. The provisions were introduced by the Uniform Civil Procedure (Preliminary Disclosure) Amendment Rule 2021 and commenced on 10 December 2021. The rules address two problems […]

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Can a Landlord Terminate a Commercial Lease in Queensland?

Wayne Davis — Tue, 25 Aug 2026 01:03:26 +0000

When Can a Landlord Terminate a Commercial Lease in Queensland? A commercial landlord in Queensland can terminate a lease where a valid contractual or legal right to terminate has arisen, but a tenant’s breach does not automatically end the lease. The landlord must identify the relevant termination or re-entry right and comply with the applicable […]

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