Article Summary
Pleading Contracts and Conversations in Queensland explains how to plead written, oral and mixed agreements under the Uniform Civil Procedure Rules 1999 (Qld). A contractual claim must identify the parties, formation, relevant terms, breach and basis for relief. Simply referring to an agreement, invoice or series of conversations leaves essential questions unanswered.
Rule 152 permits documents and conversations to be pleaded by their effect unless precise words are material. Written agreements require identification of the contractual documents and obligations relied on. Oral agreements require particulars of the relevant conversations, including participants, timing and substance. Mixed agreements must distinguish written terms from oral promises, later variations and terms allegedly incorporated through previous dealings.