Queensland Bar Exam: Practice and Procedure key terms

A court document that starts most civil proceedings in Queensland, naming the parties and stating the orders or relief the applicant seeks.

A formal document filed to begin a civil action in the District or Supreme Court, setting out the parties and the relief sought.

The pleading filed with or after a claim that sets out the material facts relied on and the cause of action alleged.

A pleading by which a defendant responds to the allegations in a statement of claim, admitting, denying or not admitting them and raising any positive case.

A pleading filed by a plaintiff in answer to matters raised in a defence, including new facts alleged by the defendant.

A formal written statement of a party's case that defines the issues in dispute and confines the evidence and conduct of the trial.

Details supplied to clarify and limit the generality of a pleading, enabling the other party to know the case they must meet.

Additional details requested when a pleading is vague or insufficient, typically sought by letter and enforced by application if refused.

A request to the court for an interlocutory or final order, made by filing an application supported by affidavit evidence.

A written statement of evidence sworn or affirmed by a deponent, used to prove facts in interlocutory proceedings and, where permitted, at trial.

The person who makes and swears or affirms an affidavit, giving evidence in written form rather than orally in court.

The certificate at the end of an affidavit recording when, where and before whom the deponent swore or affirmed the contents.

An application made without notice to the other party, permitted only in urgent or exceptional circumstances where prior notice would defeat the purpose.

Describing an order or step taken during proceedings before final judgment, dealing with procedure or preserving rights pending determination.

A court order requiring a party to do, or refrain from doing, a specified act, often sought interlocutorily to preserve the status quo.

A promise given to the court by an applicant for an interlocutory injunction to compensate the respondent for loss if the injunction later proves unjustified.

The formal delivery of court documents to a party in the manner required by the rules, ensuring they have notice of the proceedings.

An order permitting documents to be served by an alternative method or at an alternative address when ordinary service cannot practicably be effected.

Judgment entered against a defendant who fails to file a defence or otherwise respond within time, without a trial on the merits.

Judgment given for a party without trial where the claim or defence has no real prospect of success and there is no need for a trial.

The process by which parties disclose and exchange documents in their possession or control that are relevant to the issues in dispute.

Written questions administered by one party to another, answered on oath, used to obtain admissions or information before trial.

A document requiring another party to produce specified documents at a hearing or trial for inspection and use in evidence.

A court-issued document compelling a person to attend court to give evidence, produce documents, or both.

A short court appearance at which a judge or registrar manages the progress of proceedings and makes procedural orders and timetables.

The court's supervisory control of proceedings through timetables, directions and reviews to ensure matters progress efficiently to resolution.

A private hearing before a judge or registrar, often for interlocutory matters, conducted without the formality of an open court.

A court officer who exercises delegated judicial and administrative functions, including hearing some interlocutory applications and entering judgments.

The expenses of litigation, including legal fees and disbursements, which the court may order one party to pay to another.

Costs awarded on the standard basis, covering only those costs reasonably incurred and necessary for the proper conduct of the proceedings.

Costs awarded on a more generous basis covering all costs reasonably incurred, ordered where a party's conduct is improper or unreasonable.

A written offer of settlement expressed to be without prejudice save as to costs, which may affect the costs order if not accepted.

A label for settlement communications that generally cannot be adduced in evidence, protecting genuine attempts to negotiate a resolution.

A right to withhold evidence or documents from disclosure, such as legal professional privilege protecting confidential lawyer-client communications.

The statutory time limit within which proceedings must be commenced, after which the claim may be statute-barred.

The set of facts giving rise to a legal right to sue, which determines the elements to be proved and the applicable limitation period.

The authority of a particular court to hear and determine a matter, determined by the type of claim and the amount in dispute.

The lower Queensland court dealing with minor civil claims and summary criminal matters, subject to monetary and jurisdictional limits.

An intermediate Queensland court hearing civil claims within a statutory monetary limit and many indictable criminal matters.

Queensland's superior court of general jurisdiction, hearing the most significant civil claims and serious criminal matters.