Special Defences In Queensland: Confession, Tender And Set-Off

Special defences in Queensland turn on what happened to the claim and when. If a defence arose only after proceedings began, the plaintiff may confess it and seek costs up to the day the defence was served, unless the court orders otherwise.

A defendant who properly tendered payment before proceedings may plead that tender; the court can require the amount to be paid into court.

A set-off can reduce or answer a claim, but the defendant must establish a legal basis for applying the cross-demand against that claim.

A separate grievance does not become an equitable set-off merely because the same parties are involved.

In this article, our litigation lawyers explain in more detail.