What must accompany a denial in pleadings to avoid implying an admission?

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!

In Queensland practice, when a party denies an allegation in their pleadings, it is essential to accompany that denial with a direct explanation to avoid implying an admission. The rules of pleading stipulate that a comprehensive denial should not only counter the claim but also clarify the reasons for the denial. By providing an explanation, the party outlines their stance clearly and leaves no room for interpretation that could suggest an admission of the facts stated in the opposing party's claims.

The direct explanation serves to inform the court and the opposing party of the precise nature of the denial and the factual or legal basis for it. This practice helps to maintain clarity in the proceedings and ensures that the issues are effectively contested.

The other options do not fulfill this essential function in the context of pleadings. A statement of costs does not directly relate to the denial itself, a supporting witness statement would typically be used at trial rather than in the pleadings, and a counterclaim, while relevant in some contexts, does not address the need for a clear and direct explanation accompanying a denial. Thus, providing a direct explanation is critical for avoiding any implication of an admission in the legal proceedings.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy