What is your duty of disclosure?

In a litigious matter, once all the parties in the proceedings have filed their pleadings (documents such as a Statement of Claim, Defence and Reply), pleadings are said to have ‘closed’.  Once pleadings have closed, parties to legal proceedings in State based courts are usually obliged to provide disclosure.  Note that this article does not discuss the disclosure obligations in the Federal Court where the obligations regarding disclosure are different.  To many, this process may seem daunting and confusing, so in this article we consider the key elements of disclosure in Queensland under the Uniform Civil Procedure Rules 1999 (Qld) (UCPR). [Read more…]

What if neither party to proceedings takes a step?

It is common for legal proceedings to go for extended periods without any steps being taken by either party.  Each Court has its own rules limiting the actions that parties may take after extended periods of inaction.  In the Queensland Courts, these rules are contained in the Uniform Civil Procedure Rules 1999 (Qld) (UCPR). [Read more…]

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