Leave to Amend a Defence Filed Late – Case Note

Article Summary

Stonegate Legal, acting for the defendant in JustKapital Financing Pty Ltd (Receivers & Managers Appointed) (in liquidation) v Compo Legal Pty Ltd [2026] QSC 13, helped to secure a favourable ruling from the Supreme Court of Queensland granting leave to amend a late-filed defence.

The Court granted leave for the defendant to amend its defence to plead an alleged "cashflow term" governing the timing of repayment obligations under the parties' funding arrangements.

In doing so, the Court exercised its discretion under the Uniform Civil Procedure Rules 1999 (Qld) to permit an amendment raising a reasonably arguable defence so that the real issues between the parties could be determined at trial.