When Can A Defendant Apply for Summary Judgment?Ī Defendant can apply at any time after filing their Notice of Intention to Defend. Summary Judgement can avoid the time and the expense of a trial.
Therefore, Summary Judgment is judgment without all the usual steps. In law, “ summary” describes judicial processes conducted without the customary formalities. obtaining the necessary evidence (which can include engaging experts to give evidence) and.the exchange of relevant documents (disclosure).the exchange of pleadings (starting with a Plaintiff’s Claim and Statement of Claim).In Queensland Courts, these steps most often include: There are many steps along the road before a trial.
#Summary judgment trial
This is as, generally, the case must proceed to a trial before a Judge or Magistrate. It can be a long process for a Defendant to defeat a Plaintiff’s Claim in litigation. Obtaining Judgement in this manner resolves the matter, finally, before it progresses to a trial. An early resolution will avoid the time and expense of a trial, as well as the steps along the way. Summary Judgment is an opportunity for a Defendant to end proceedings early.
See our article by Duncan Marckwald if you are a Plaintiff applying for Summary Judgment. The following information is relevant to applications before the Queensland Courts. This is an overview for Defendants wishing to bring an application. Applying for Summary Judgment is thus an attractive option to have court proceedings finalised. Even more so if you consider the Claim against you lacks merit. If someone is suing you, it is natural to want to bring about a swift end to the dispute.ĭefending proceedings can be stressful, time-consuming and expensive. Summary Judgment can be a useful procedural tool or weapon for a Defendant if a Plaintiff has brought a Claim without merit. AITKEN WHYTE LAWYERS BRISBANE LITIGATION AND DISPUTE RESOLUTION LAWYERS AND SOLICITORS FOR BRISBANE, QUEENSLAND Applying for Summary Judgment as A Defendant
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