Australia: Court Procedure

Creditors seeking to recover unpaid debts in Queensland courts must navigate a complex evidentiary landscape that extends far beyond simply presenting an invoice. This article examines the specific documentation required to establish each element of a debt claim, from proving the identity of the debtor and the terms of payment to demonstrating what was supplied and calculating the outstanding balance with proper credits applied.

The Supreme Court of Tasmania examined whether a general practitioner breached her duty of care by failing to diagnose or refer for investigation symptoms that were later identified as multiple sclerosis. The case explores the challenge of identifying serious neurological disease when symptoms present gradually over time and appear non-specific, while reinforcing that medical standards are assessed based on information available at the time rather than hindsight.

In debt recovery proceedings, not every response qualifies as a viable defence. A proper defence must identify why the creditor lacks legal entitlement to the claimed amount and plead the material facts supporting that position, going beyond mere disagreement with an invoice or inability to pay.

In workers' compensation claims for hearing loss, establishing the 'last noisy employer' requires more than simply proving machinery was present in the workplace. A recent NSW Personal Injury Commission decision examines what evidence is sufficient to demonstrate that employment created a real risk of hearing loss, and when a worker's recollection may be too unreliable to discharge the burden of proof.

Legal professional privilege shields confidential communications made for obtaining legal advice or litigation purposes, but Queensland's civil procedure rules impose strict disclosure requirements and affidavit obligations when privilege claims are challenged. Expert reports and drafts face particular scrutiny, as they may not qualify for privilege protection under the rules.

Learn the essential steps for drafting and filing a statement of claim in Queensland courts, from identifying the correct jurisdiction and parties through to proper service of documents. This guide breaks down the technical requirements for pleading material facts, particularising claims, and ensuring compliance with court rules and approved forms.

The Federal Court of Australia has clarified the powers of liquidators appointed to registered foreign companies operating in Australia, determining that directors' powers are suspended upon liquidator...

This monthly roundup examines three significant NSW court decisions from July 2026 that demonstrate how courts are increasingly scrutinizing the enforcement of Security of Payment Act judgments, particularly when builders face financial difficulties or disputes involve residential construction. The cases reveal evolving judicial approaches to freezing orders, stays of enforcement, and the strict compliance requirements that can make or break a SOP Act claim.

The Queensland Court of Appeal examines whether a solicitor's equitable lien attaches to costs orders at the time they are made, determining priority rights over monies recovered through receivership proceedings. The decision clarifies the scope and enforcement of solicitors' liens in insolvency contexts.