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 […]
Pre-litigation settlement offer (for plaintiffs)
Making a reasonable settlement offer prior to commencing court proceedings can be an effective strategy to either settling a dispute or giving you a better argument at the end of a successful trial to recover all your reasonably incurred legal fees. We experience many solicitors resorting to a standard “letter of demand” which simply provides […]
Essential elements of a Calderbank offer
A “Calderbank” offer is a certain type of settlement offer. Often multiple settlement offers are made by both plaintiffs and defendants during the course or proceedings. A settlement offer, other than having the benefit of potentially settling a dispute, also has the benefit of attempting to protect your legal costs. A Calderbank offer is derived […]
Limitation periods in civil proceedings
What are limitation periods? Limitation periods are strict time limits within which most civil (and some criminal) actions can be commenced. If a limitation period expires before any action has been initiated, it may be difficult, or even impossible to begin legal proceedings without there being a complete defence to the action. This article focuses […]
