What is an injunction?

An injunction is an order by the court for a party to either do, or refrain from doing, a particular act or thing. This does not include orders made by the court for a party to make a payment for damages, but instead includes things such as: transferring a property into somebody else’s name; not […]

A guide to without prejudice

What does “without prejudice” mean? Without prejudice privilege provides an important protection for parties who are involved in disputes because it allows the parties to communication candidly and to explore options for settlement without fear that their admissions will be subject to scrutiny if the dispute goes to Court. Now you might be saying, “I […]

Doctrine of repudiation

What is the doctrine of repudiation? If you have entered into an agreement, and the other party to that agreement fails to do what they promised under the agreement, you may be entitled to terminate the agreement.

A guide to administrative decisions

What is administrative law? Administrative law is the body of law that governs the decisions, actions and inactions of government agencies, departments and general public authorities. It is the central component of the law where it relates to “government”. You may be able to use administrative law to challenge a regulatory activity or decision made […]

A guide to freezing orders in Queensland

What is a freezing order? A freezing order, sometimes known as a “Mareva order” or “asset preservation order”, is an important tool in litigation. It is an order the court may enforce to restrain a party from dealing with certain assets, e.g. disposing, hiding or removing assets.

Setting aside a default judgment

In Queensland, there are certain time frames which must be adhered to when a court notice is served on an entity or individual. Failure to file a Notice of Intention to Defend and defence can result in the court awarding a default judgment. In many circumstances, a default judgment can be set aside in order […]