The Court system is designed to resolve issues, and disputes, between parties, and it has wide powers to make Orders adapted to best achieve justice in the particular case. But importantly, the Court system is open to everyone. And Court Orders must be complied with by the parties.

Accordingly, if you believe that you have been wronged and have a valid claim, you are likely to be entitled to commence Court proceedings to obtain Court Orders. However, commencing, and conducting, Court proceedings is not simple. The Court has zero tolerance for having its time and resources wasted. The Court can only make Orders on the basis of reliable and admissible evidence (and in circumstances where the law actually provides a remedy).

It is for this reason that Court proceedings are governed by highly technical Court rules, procedural rules, and rules of evidence. As the system is adversarial (meaning, the parties are, in essence, in battle with each other until Judgment), the Court proceedings can, depending on the relative strengths and weaknesses of the parties’ cases, willingness of the parties to compromise and settle, resolve either quickly, or it can take years to resolve (only after a Trial hearing, where witnesses, for example, have been called to give oral evidence).

Court lawyers are uniquely skilled and experienced to handle Court proceedings. Your case is best served by engaging a Court lawyer (and there is simply no denying that). The cost of conducting Court proceedings, or defending yourself in Court proceedings, can be expensive and the overall cost will depend on how competently the proceeding was conducted, how quickly the matter resolved (and whether you were successful in your case in the end).

The other harsh, but true, reality is that there are times where you simply have no choice but to commence Court proceedings to force the hand of the other party (to either pay, or do, or not do, something), or you have been made a defendant to Court proceedings commenced by the plaintiff, in which case you essentially have no choice but to defend yourself.

What we can do for you:

What is a Court Claim?

In Queensland, in order to commence Court proceedings before either the Magistrates, District or Supreme Court, you must, generally, file formal Court documents known as a “Claim” and “Statement of Claim”. A “Claim” will, amongst other matters, set out the relief (i.e. the Orders) that you are seeking from the Court. A “Statement of Claim” will set out the factual and legal basis upon which you say you are entitled to the Orders sought. The “Claim” and the “Statement of Claim” must comply with highly technical rules for pleading a case and the drafting must be to a very high standard. A Court has the power, and will not hesitate, to strike out parts, or dismiss a case, where the “Claim” and “Statement of Claim” do not comply with the rules, or do not disclose a reasonable cause of action.

What is a Court Defence (and Counterclaim)?

If you are served with a Court Claim and Statement of Claim, you must file a Notice of Intention to Defend and Defence in the relevant Queensland Court within 28 days of being served. A failure to do so will expose you to having a default Court Judgment entered against you by the plaintiff (which is generally for the full amount of the Court Claim, plus interest and legal costs). You must therefore act swiftly to engage a Court lawyer to prepare a Notice of Intention to Defend and Defence for you (within the statutory timeframe). At the same time (and during that same window), if you believe that you have a valid cross-claim against the plaintiff, you may wish to file a Court Counterclaim together with your Notice of Intention to Defend and Defence.

What are some of the most common causes of action?

The most common causes of action we see pursued before the Courts include, without limitation: