Civil Litigation

Particulars – their importance in civil litigation

In civil litigation, the term ‘particulars’ is frequently used.  The term particulars stems from the ordinary meaning of the noun, ‘particular,’ that being, ‘a detail’.  Despite this rather simple meaning, what exactly a particular is seems to be a subject of some confusion even amongst the legal profession.  This confusion is likely caused by the blurred line between pleaded facts and particulars. [Read more…]

The consequences of inaction in litigation in Queensland Courts

Litigation in the Queensland Court system, as governed by the Uniform Civil Procedure Rules 1999 (Qld) (UCPR), is largely driven by, and conducted at the pace of, the parties themselves.  However, there remain consequences where the parties fail to take any steps in the matter for extended periods of time. [Read more…]

What is security for costs?

The reality of any litigious proceedings is that they cost money (sometimes, lots of money).  Where a party is successful in the proceeding; whether that be successfully proving the claim (Plaintiff) or defending it (Defendant), that party will generally be entitled to their ‘costs’.  Costs refers to the legal expenses incurred by the successful party in prosecuting or defending the claim (as the case may be).  Where a Defendant successfully defends a claim, they may be placed in the frustrating circumstance of facing a Plaintiff who does not have sufficient money to pay the Defendant’s costs.  In this article we consider a Court order designed to alleviate this problem – a security for costs order. [Read more…]

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