Article Summary
In a Queensland claim, a defendant who misses the time to file a notice of intention to defend may face default judgment, provided the plaintiff proves service and follows the procedure for the relief sought.
A late notice can be filed before judgment; after judgment, the defendant must seek an order setting it aside or amending it. A pleading that is filed but discloses no reasonable claim or defence presents a different issue: the court may strike out all or part of it, often leaving scope to replead.
Summary judgment has its own test. Check the served documents, court record and any orders immediately, then decide whether to file, amend or make an evidence-backed application.
