Australia: Civil Law

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.

Bankruptcy trustees can challenge pre-bankruptcy transactions under sections 120, 121, and 122 of the Bankruptcy Act 1966, targeting undervalued transfers, creditor-defeating arrangements, and preferential payments. Understanding the statutory tests, timing rules, and evidentiary requirements is essential for recipients facing clawback demands, as market value alone does not guarantee protection and poor documentation can prove decisive.

Businesses often struggle with overdue payments, but the new financial year presents an opportunity to strengthen debt recovery practices. Roland Müller, an accredited specialist in commercial litigation, addresses critical questions about preventing bad debts and recovering outstanding payments effectively. From identifying early warning signs of financial distress to understanding when legal action becomes necessary, these insights help businesses protect their cashflow and maintain healthy commercia

A recent NSW Civil and Administrative Tribunal decision establishes that owners corporations seeking work orders for building defects must now provide complete regulated designs as part of their evidence, not merely prove that defects exist. This ruling significantly raises the evidentiary bar and upfront costs for strata schemes pursuing rectification orders under the Home Building Act.

When trees on neighbouring properties cause disputes over damage, safety concerns, or sunlight obstruction, the Trees (Disputes Between Neighbours) Act 2006 provides a legal framework for resolution...

The absence of a formalised contract does not prevent the enforcement of payment obligations. Courts will look beyond formality to assess whether the parties' dealings give rise to legally enforceable rights however these pathways are tightly confined.

The case provides clear confirmation of the principles applied in determining whether a duty of care exists and establishing negligence.

Ogbonna 8 is a reminder that costs decisions are not always a simple "winner takes all" outcome.