Legal Support

How does Civil
Litigation work?

*Please note that the below process relates to the Queensland Magistrates Court processes, which are similar in other states but may have different names for each document. Please contact us should you have any queries about the legal process outside of Queensland. The Queensland Civil and Administrative Tribunal also has a similar process.*

What is Court Jurisdiction?

Before commencing proceedings, the Plaintiff needs to decide which Court or tribunal has jurisdiction to hear the matter. This essentially means you need to find the court with the appropriate and correct authority to handle the case.

How Does The
Claim Process Work?

  1. Your claim is the first document to commence the legal proceedings and will include; the debt amount, legal costs, and any interest recoverable from the defendant.
  2. The claim is served to the defendant by a bailiff, process server, or our office.
  3. The defendant then has 28 days to comply, settle, or file a Notice of Intention to Defend and Defence.

Getting More Information

Request for Further and Better Particulars

One party may request from the other party further particulars of the other party’s pleadings. This can be done after the claim has been served on the defendant. The plaintiff may also seek further particulars of the defence. After the particulars have been provided, the parties may amend their pleadings, if needed.

Disclosure of Relevant
Documents or ‘Discovery’

This stage usually occurs after the parties have finalised the pleadings. There are usually three stages to the disclosure or discovery:

Both parties undertake a reasonable search for relevant documents

The list of documents is provided to the other party (within 28 days)

Requested documents are provided to the other party

At this stage subpoenas against third party entities may be filed and served, seeking discovery of certain documents.

What is a Summary Judgment?

At any time after a defence has been filed, the plaintiff or defendant can file an application for Summary Judgement against the other party to resolve the matter without the need for a full trial. A very strong case, evidence in a supporting Affidavit and outline the laws is needed to get Summary Judgment and is at the court’s discretion.

Directions Hearing Conference

This type of hearing is a “Without Prejudice” meeting, whereby all parties come together with their solicitors to have a detailed discussion of the case in an aim to:

Resolve the matter

Settle the matter

Narrowing down the issues that remain to be determined at trial

The matter can be settled by a Settlement Agreement (outlining the default clauses clearly) at the Directions Hearing Conference, it can be recorded on the court file. Should the defendant fail to comply or default on the Settlement Agreement terms then the Plaintiff may have grounds to enter judgement against the defendant.

  • After

  • $12mo
  • No Action Taken
    • If no party has taken court action on the matter for over 12 months then the party that wishes to continue with the next action must serve a “Notice of Intention to Proceed” on the other side giving them one month notice of their intention.

  • After

  • $24mo
  • No Action Taken
    • If no court action has been taken on a legal matter for over 24 months a party is unable to continue with further action against the other party without approval or leave of the court by a Court Order. It is at the court’s discretion to allow the Court Order.

What is a Judgement?

If the defendant fails to respond within 28 days of the claim being served, the plaintiff may proceed with judgement by default against the defendant. An Affidavit of Service outlining how service was affected is filed with the judgement documents as evidence in court. This is a judgment without the need for a hearing.

What are the Enforcement Options?

Once the Judgment has been obtained against the debtor, we can review your options and assist with enforcement action in the Magistrates Court. If you are unsure of the defendant’s financial situation you can file an Enforcement Hearing Summons to get this information.

What are the Enforcement Options?

Once the Judgment has been obtained against the debtor, we can review your options and assist with enforcement action in the Magistrates Court. If you are unsure of the defendant’s financial situation you can file an Enforcement Hearing Summons to get this information.

Enforcement Warrant for
Seizure and Sale of Property

An Enforcement Warrant for Seizure and Sale of Property instructs a bailiff to seize and sell certain types of personal property of the enforcement debtor at a public auction. You will need to know what property the enforcement debtor owns that may be seized and may require evidence in a Supporting Affidavit confirming that it is owned by the enforcement debtor.
*Please note that not all properties sell at auction and that additional fees may be requested by the bailiff.

Other Warrants

Enforcement Warrant for Redirection of Debt

This directs someone who owes money to the enforcement debtor to pay that money to you instead.

Enforcement Warrant for Regular Redirections from a Financial Institution

This directs a financial institution to redirect regular payments received by the debtor to you.

Enforcement Warrant of Redirection of Earnings/Garnishee Order

This seizes part of the wages of the enforcement debtor. Each payment made by the enforcement debtor’s employer is forwarded to you.

Enforcement Warrant for Redirection of Debt

This directs someone who owes money to the enforcement debtor to pay that money to you instead.

Enforcement Warrant for Regular Redirections from a Financial Institution

This directs a financial institution to redirect regular payments received by the debtor to you.

Enforcement Warrant of Redirection of Earnings/Garnishee Order

This seizes part of the wages of the enforcement debtor. Each payment made by the enforcement debtor’s employer is forwarded to you.

Insolvency Process

Statutory Demand

A notice forwarded to the debtor giving 21 days to pay the debt.

For undisputed debt against a company over $2,000.00

No legal action is taken beforehand as long as not disputed by the debtor

First document filed before filing the Application for Wind Up