Summary judgment application preparation
Summary judgment is reserved for cases where there is no real question for trial. This checklist walks through the preparation steps.
This is a 12-step preparation checklist for a summary judgment application in NSW. It covers the test, evidence, affidavits, submissions and the hearing.
The checklist
Identify the applicable test
Apply the high threshold — no real prospect of success or the case is so clearly untenable it cannot succeed.
Assess the pleadings
Check whether the claim (or defence) is pleaded such that it could not succeed even if proven.
Draft the notice of motion
Draft a notice of motion seeking summary judgment and costs on the indemnity basis if warranted.
Prepare evidence
Affidavit evidence of the agreed facts and any undisputed documents.
Identify uncontested facts
Summary judgment turns on facts that cannot sensibly be contested.
Consider strike-out as alternative
Where the pleading is deficient, a strike-out under UCPR r 14.28 may be the correct application.
Draft written submissions
Submissions on the test, the facts and the relief sought. Cite the leading authorities.
Serve and file
Serve motion, affidavit and submissions well in advance of the hearing.
Prepare a short agreed chronology
A chronology helps the court see the case at a glance.
Anticipate the opposing case
Identify the strongest points for the opposing side and prepare a written response.
Consider security as a fallback
If summary judgment is unlikely, consider whether security for costs is the better application.
Plan for cost consequences
Unsuccessful summary judgment applications often attract costs. Weigh the risk before filing.
When this checklist applies
Use this checklist when the facts are beyond sensible dispute. Where there is a triable issue, pursue the case to trial instead.
Common pitfalls
- Running summary judgment where facts are genuinely in dispute
- Confusing strike-out and summary judgment
- Relying on contested affidavit evidence
- Under-estimating the applicant's onus
- Failing to plan the costs consequences
Run this checklist on a real matter
Quillio drafts summary judgment motions, affidavits and submissions in current NSW format. See /practice-areas/litigation-lawyers.
This checklist is a general guide. Adapt for Federal Court summary dismissal applications.
Use this checklist on your matter.
Quillio can run this checklist on a specific NSW conveyancing matter — confirm each item, calculate adjustments, and generate the supporting documents. The free trial requires no credit card.
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