Australia: Court Procedure

Summary judgment offers Queensland creditors a powerful tool to resolve debt recovery litigation without a full trial, but success requires more than proving an unpaid debt. Courts demand clear evidence that the defence has no real prospect of success and that judicial determination of factual disputes or credibility issues is unnecessary. Understanding when to apply, what evidence strengthens your case, and which common mistakes undermine otherwise strong applications can mean the difference between swift

A New South Wales Court of Appeal decision examines how arbitration agreements operate when only part of a dispute is arbitrable, particularly in complex insolvency contexts. The ruling clarifies when proceedings can be split between court and arbitration, establishes limits on arbitrability in insolvency matters, and sets a high threshold for waiving arbitration rights.

Two recent Federal Court decisions clarify whether parties defending patent infringement claims can raise invalidity grounds they didn't pursue in earlier opposition proceedings. The rulings address when issue estoppel applies to claim construction findings and whether grounds like insufficiency can be re-argued on different factual bases.

A Federal Court decision examines whether liquidators can rely on accounting entries alone to pursue debt recovery, or whether suspicious book entries require stronger evidence to overcome a nil balance shown in company records. The case highlights critical evidentiary thresholds for insolvency practitioners when challenging transactions made shortly before liquidation.

Frustration of contract is widely misunderstood in Australian law, with many assuming contracts automatically end when circumstances become difficult or expensive. This guide examines the strict legal test applied by Australian courts, explaining when supervening events truly discharge contractual obligations and why financial hardship, increased costs, and commercial difficulties typically fall short of the frustration threshold.

Alternative Dispute Resolution (ADR) is an effective way to resolve commercial disputes and has long been recognised as such. Its role has changed in recent years though – what was once considered an alternative to litigation is often now the starting point.

Subpoenas under Queensland's Uniform Civil Procedure Rules are court-issued processes that compel document production or witness testimony in civil proceedings. While they provide powerful evidence-gathering tools for parties and can reach non-parties like banks and employers, strict procedural requirements govern their drafting, service, scope, and enforcement.

Receiving a notice of exercise of power of sale marks a critical juncture in mortgage enforcement proceedings, raising urgent questions about whether the property sale can be prevented or delayed. This article examines the legal framework governing mortgagee sales in Queensland, the procedural requirements lenders must satisfy, and the practical remedies available to borrowers facing imminent property disposal through power of sale.

Workplace messages sent through private chat platforms like WhatsApp, Teams, or Slack can give rise to defamation claims in Queensland if they communicate harmful statements about someone's reputation to even a small group of colleagues. Understanding when internal workplace communications cross the line into defamation, what defences are available, and the potential legal consequences for both individuals and employers is crucial for anyone using digital communication in professional settings.