What should I do if I am being sued?

Receiving legal documents can be overwhelming, but speed is your best defence. The legal system in Queensland is built on strict timelines.

1. Identify the Document

Usually, a lawsuit starts with a Claim and Statement of Claim.

• The Claim: Tells you who is suing you and how much money they want.
• The Statement of Claim: Sets out the “facts” they allege happened.
• The Court: Take note of whether it is the Magistrates, District, or Supreme Court, as the rules for each vary.

2. The 28-Day Rule

Under the Uniform Civil Procedure Rules 1999 (Qld), you have 28 days from the day you were served to file a response.¹

• The Response: A “Notice of Intention to Defend” and a “Defence.”
• The Risk: If you ignore the paper for 29 days, the Plaintiff can ask the Court for a Default Judgment. This is a permanent court order against you for the full amount plus legal costs. Removing a default judgment is difficult and expensive.

3. Do not Contact the Other Party Alone

It is tempting to call the person suing you and “try to talk sense into them.”

• The Danger: Anything you say or write can be used as evidence against you.
• The Strategy: Let your lawyer handle the communication. We can send a “Without Prejudice” letter to explore settlement without admitting liability.

4. Check Your Insurance

Check your home, business, or professional indemnity insurance. In many cases (like a car accident or a slip and fall), your insurer is required to pay for your lawyer and handle the case for you.

5. Gather Evidence

Immediately start a folder of every email, text message, contract, and receipt related to the dispute. If you wait, digital evidence can be lost or deleted.

Related Topics

• Court Etiquette Guide
• Glossary of Legal Terms
• Commercial Law Practice Area

Strategic Defence

Winning a lawsuit isn’t always about going to trial. Most cases are settled via “Alternative Dispute Resolution” (Mediation). Our goal is to resolve the matter as quickly and cheaply as possible while protecting your assets.

Been served? Contact Bell & Senior immediately. Call (07) 5532 8777.