Simple Tips For Surviving Litigation

The teachers were ordered to pay their former employer's indemnity costs, after they refused the settlement offer.

Learn the essential steps for drafting and filing a statement of claim in Queensland courts, from identifying the correct jurisdiction and parties through to proper service of documents. This guide breaks down the technical requirements for pleading material facts, particularising claims, and ensuring compliance with court rules and approved forms.

Libel, slander, and defamation are legal terms that address false statements that harm an individual's or business's reputation.

Queensland civil procedure requires defendants to respond to each factual allegation with precision—admissions, denials, or non-admissions must be properly explained, while inadequate responses risk being treated as admissions. Replies serve a distinct and limited purpose, addressing only new matters raised in the defence that could affect the claim's maintainability or introduce unexpected factual questions.

Explanation & discussion about the different standards of proof required in criminal cases as compared to civil cases.

A NSW Statement of Claim is a legal document that enables a person to initiate local court proceedings.

Proving negligence and legal causation is not as straight forward as the commonly accepted concepts and definitions.

In Queensland, proving defamation requires establishing that a defendant published defamatory matter identifying the plaintiff to third parties, causing serious reputational harm. However, even when all elements are satisfied, claims may still fail due to procedural requirements, corporate plaintiff restrictions, or available defences under the Defamation Act 2005.

Legal professional privilege shields confidential communications made for obtaining legal advice or litigation purposes, but Queensland's civil procedure rules impose strict disclosure requirements and affidavit obligations when privilege claims are challenged. Expert reports and drafts face particular scrutiny, as they may not qualify for privilege protection under the rules.

When a defendant in Queensland civil litigation wishes to pursue its own claim against the plaintiff, a counterclaim provides the procedural mechanism to do so within the existing proceeding. Understanding the technical requirements for pleading, serving, and answering counterclaims—including joinder of additional parties, limitation periods, and the effect of discontinuance—is essential for both claimants and respondents navigating commercial disputes.