Summary judgment application in Queensland

A summary judgment application is an application for a plaintiff or a defendant seeking to end the legal proceedings early.

A summary judgment will be given when a defendant or plaintiff have no real prospect of succeeding in the claim or a part of the claim; and there is no need for a trial.

The Courts have stated that:

1. Summary judgment should only be given in the clearest of cases; and
2. The Court should approach applications by defendants with caution because plaintiffs should not be stopped from pursuing a case that may be successful.

In this article, our Queensland litigation lawyers explain what the Courts have said in relation to summary judgment applications, and the steps which need to be taken to be successful.