Presumed Facts In Queensland Pleadings

Article Summary

Presumed Facts in Queensland Pleadings are governed by UCPR rule 151. A party may omit a fact presumed by law in its favor, or one it does not bear the burden of proving, unless the fact must be pleaded to comply with rule 149 or to meet another party’s denial.

The material facts that engage a presumption must still be pleaded.

The article explains those limits through defamation, future representations under Australian Consumer Law section 4, and the separate rule for conditions precedent.

A defamation plaintiff need not ordinarily prove falsity, but must still establish the other elements of the claim, including serious harm. ACL section 4 provides a statutory starting point on reasonable grounds; it does not reverse the ultimate burden of proof or establish reliance, causation, or loss.