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VIDEO · 03 JUNE 2026

How To Defend A Possession Claim In Queensland

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A possession claim is a court proceeding brought by a lender seeking possession of mortgaged property after a borrower defaults on their loan obligations. In Queensland, possession proceedings are governed by a combination of the mortgage contract, the Uniform Civil Procedure Rules 1999 (Qld), the Property Law Act 2023 (Qld), and, for regulated consumer loans, the National Consumer Credit Protection Act 2009 (Cth) and National Credit Code.

AustraliaFinance and Banking
Wayne Davis
Wayne Davis
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Article Summary

A possession claim is a court proceeding brought by a lender seeking possession of mortgaged property after a borrower defaults on their loan obligations.

In Queensland, possession proceedings are governed by a combination of the mortgage contract, the Uniform Civil Procedure Rules 1999 (Qld), the Property Law Act 2023 (Qld), and, for regulated consumer loans, the National Consumer Credit Protection Act 2009 (Cth) and National Credit Code.

A borrower can defend a claim to possession, but only on recognised legal grounds. Common defences include defective default notices, incorrect debt calculations, procedural irregularities, failure to comply with statutory preconditions, unconscionable conduct, and other breaches of lending laws.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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