Pleading Damages, Interest And Relief In Queensland

Article Summary

Pleading Damages, Interest and Relief in Queensland requires a party to identify each type of loss, state its amount and calculation or estimation basis, connect it to the alleged wrongdoing and specify the orders sought.

UCPR rules 149, 150 and 155–158 require material facts and sufficient particulars; naming a remedy or promising later evidence is insufficient. For ordinary commercial claims, rule 159 requires the interest principal, rates, commencement dates and calculation method, although practice-direction rates need not be separately specified.

Section 58 of the Civil Proceedings Act 2011 provides discretionary pre-judgment interest, excludes money bearing interest as of right and does not authorise interest on interest. Section 59 governs post-judgment interest, with specific 21-day exceptions for damages and costs.