Pleadings and Particulars in Queensland – Complete Guide

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Video Transcript

Pleadings and particulars form the foundation of civil litigation in Queensland and are governed by the Uniform Civil Procedure Rules, defining the issues in dispute and ensuring each party understands the case they must meet.

They are central to civil litigation in Queensland and are governed by the Uniform Civil Procedure Rules.

Pleadings are the formal documents that set out the material facts relied upon by each party.

Their purpose is to clearly define the issues the court must decide.

The rules require pleadings to state material facts only. This means the facts necessary to establish each element of a claim or defence.

Legal arguments, evidence, and narrative commentary do not belong in pleadings and should be excluded.

Particulars serve a different but related function. They provide additional detail about pleaded material facts where that detail is necessary to avoid surprise or to allow the opposing party to understand the case they must meet.

Particulars are explanatory, not substantive. It is important to understand that particulars cannot be used to introduce new causes of action, new material facts, or to repair an otherwise deficient pleading.

Pleadings come first, and particulars only explain what has already been properly pleaded.

Common mistakes include relying on particulars to add new allegations, failing to plead essential material facts, or pleading evidence instead of facts.

Well-drafted pleadings and properly confined particulars promote efficient litigation and reduce unnecessary disputes about procedure.

Contact us today for a free 30 minute consultation with our experienced team of litigation professionals, and let us help you protect your rights.

Stonegate Legal

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