ucpr

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…]

What is a strike out application?

In Queensland, litigious matters are commenced when a party files, and serves upon another, a pleading known as a Statement of Claim.  The party receiving this pleading then has the option to reply to the allegations with their own pleading known as a Defence.  However, where a party receives a pleading (whether that is a Statement of Claim, Defence or Reply) from their opposing party that they do not believe conforms to the requirements of form in Queensland, then they may bring an application to ‘strike out’ the parts of the pleading that does not conform.  In this article we consider the process of striking out pleadings. [Read more…]

What is a Mareva Order?

A Mareva order (Mareva Order), also known as a freezing order or asset protection order, is a special type of interlocutory injunction which restrains a defendant from dealing with the whole or part of their assets pending the outcome of legal proceedings.  In preventing a defendant from disposing of their assets in a way which may deprive the plaintiff of an effective remedy, Mareva Orders are a tool to prevent an abuse of court processes and protect the proper administration of justice.  In Queensland, Mareva Orders are dealt with in Chapter 8 Part 2 Division 2 of 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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