Proctor : September 2018
25 PROCTOR | September 2018 Kylie Downes QC and Maxwell Walker explain how you should plead the explanation for a denial in Queensland courts for the belief that those allegations are untrue. This can be done by linking the denial back to each material fact in the defence which is relied upon as the direct explanation for the denial of the relevant allegation of fact. Taking the example, the defence could read as follows: 2. As to paragraph 3 of the Statement of Claim, the defendant: (a) admits the allegation that, in a conversation between the plaintiff and defendant at Ipswich, the defendant said to the plaintiff that she would buy his car (b) does not admit that the conversation occurred on 26 May 2015 because the defendant cannot recall the date of the conversation and, despite making reasonable inquiries having regard to the time limited for filing this defence, remains uncertain of the truth or otherwise of the allegation (c) says that, in the conversation, the defendant said words to the effect that she would purchase the car for $4000 subject to a roadworthy certificate and the plaintiff said words to the effect that he agreed to that (d) subject to (a) and (b) above, denies not make the statements as alleged but instead made the statements as pleaded in paragraph (c) above. Back to basics Notes 1 Rule 166(4) Uniform Civil Procedure Rules (UCPR). Pursuant to rule 166(5) and subject to rule 168, if a party’s denial does not comply with rule 166(4), the party is taken to have admitted the allegation. 2 ASIC v Managed Investments Ltd and Ors No.3 (2012) 88 ACSR 139;  QSC 74 at  – . 3 Cape York Airlines Pty Ltd v QBE Insurance (Australia) Ltd  1 Qd R 116;  QSC 302 at . 4 Ibid. 5 Ibid at . 6 Ibid. 7 Ibid at . 8 Ibid at . 9 QBE Insurance (Australia) Ltd v Cape York Airlines Pty Ltd  QCA 400 at . 10 Rule 166(4) UCPR. Kylie Downes QC is a Brisbane barrister and member of the Proctor Editorial Committee. Maxwell Walker is a Brisbane barrister.