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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 [...

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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How to Obtain Documents Referred to in Pleadings in Queensland Rule 222 of the Uniform Civil Procedure Rules 1999 (Qld) (UCPR) provides a specific procedure by which a party to civil proceedings may require another party to produce a document that has been mentioned in that party’s pleadings, particulars or affidavits. The rule provides: A […]

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Can You Recover a Debt If the Debtor Has No Assets? Yes. A debtor who appears to have no assets is not necessarily beyond the reach of debt recovery. While immediate enforcement may be difficult, future income, hidden assets, voidable transactions, or insolvency procedures can still produce payment. The biggest mistake creditors make is abandoning […]

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How to Oppose a Summary Judgment Application in Queensland A plaintiff’s summary judgment application can be opposed successfully in Queensland where the material demonstrates a real prospect of successfully defending all or part of the claim, or otherwise shows that a trial is needed. You do not have to prove conclusively that you will ultimately […]

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