Australia: Court Procedure

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Article
Key NSW Security Of Payment Decisions: Monthly Roundup For July 2026
This monthly roundup examines three significant NSW court decisions from July 2026 that demonstrate how courts are increasingly scrutinizing the enforcement of Security of Payment Act judgments, particularly when builders face financial difficulties or disputes involve residential construction. The cases reveal evolving judicial approaches to freezing orders, stays of enforcement, and the strict compliance requirements that can make or break a SOP Act claim.
Australia Real Estate
HR
Holding Redlich
Article
Security of Payments (NSW) 2026: what councils need to know
Recent NSW Court of Appeal decisions have sharpened the rules around security of payment claims under SOPA, particularly regarding electronic service timing and the validity of imperfect claims. Councils and principals now face heightened risks if they rely on deeming clauses to extend response deadlines or assume flawed payment claims can be safely ignored. Understanding these 2025-2026 developments is critical to avoiding automatic liability for the full claimed amount through missed deadlines or procedur
Australia Real Estate
BP
Bartier Perry
Article
Disclosure Of Evidence In Queensland
Under Queensland's Uniform Civil Procedure Rules, parties to civil litigation face automatic and continuing obligations to disclose all documents in their possession or control that are directly relevant to disputed allegations. This comprehensive guide examines the scope of disclosure duties, the meaning of key concepts like possession, control and direct relevance, and how courts exercise their powers to manage the disclosure process in modern litigation involving both traditional and electronic evidence.
Australia Litigation
SL
Stonegate Legal
Article
How To Settle A Commercial Dispute Without Going To Court
Commercial disputes can often be resolved without the need for costly and time-consuming court proceedings. Through strategic negotiation, mediation, and properly structured settlement agreements, businesses can achieve faster, more certain outcomes while maintaining control over the resolution process. Understanding your contractual rights and adopting a well-planned approach to dispute resolution can lead to favourable settlements that avoid the risks and expenses of litigation.
Australia Litigation
SL
Stonegate Legal
Article
Default Judgment Where No Defence Has Been Filed
Default judgment offers creditors an efficient path to obtaining judgment when debtors fail to respond to court proceedings, but it is not automatic. Creditors must demonstrate proper service, satisfy procedural requirements under Queensland's Uniform Civil Procedure Rules, and provide sufficient evidence supporting the claimed amount. This examination covers when default judgment is available, the procedural steps required, evidentiary requirements, circumstances for setting aside judgment, and practical e
Australia Litigation
SL
Stonegate Legal
Podcast
Podcast: Inside The Claim With CGW – Pitfalls And Pleadings
Cooper Grace Ward's workers' compensation podcast examines the Court of Appeal case Cootharinga North Queensland v Wolfs, where special counsel Damien Jarrett and senior associate Kim Villis analyze how the risk of injury must be clearly identified in statements of claim. The discussion reveals the practical challenges posed by broadly pleaded claims and their impact on trial preparation, costs, and case management efficiency.
Australia Employment
CG
Cooper Grace Ward
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