What does rule 290 of the UCPR stipulate regarding default judgments?

Prepare effectively for the Queensland Bar Exam. Utilize a comprehensive set of flashcards and multiple-choice questions, each with detailed hints and explanations. Ace your test confidently!

Rule 290 of the Uniform Civil Procedure Rules (UCPR) addresses the circumstances under which a default judgment can be set aside by the court. This provision is important because it acknowledges that default judgments, which occur when a party fails to respond to a claim, are not necessarily final or permanent. Instead, the court retains the authority to review and potentially overturn these judgments if certain criteria are met.

This ability to set aside a default judgment ensures fairness in the legal process, allowing parties who may have legitimate reasons for their absence or failure to respond to have the opportunity to present their case before the court. The rule underscores the principle that justice is best served when both parties have an opportunity to be heard, which is a fundamental tenet of the legal system.

The other options do not accurately reflect the provisions of Rule 290. The court does not automatically uphold default judgments, nor are they deemed irreversible or requiring a new trial as a default response. Instead, the power of the court to set them aside reflects a commitment to the principles of procedural fairness and the overall integrity of the judicial process.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy