Queensland Consolidated Acts

CIVIL PROCEEDINGS ACT 2011 - SECT 20

20 Set-off

(1) If there are mutual debts between a plaintiff and a defendant in a proceeding, the defendant may, by way of defence, set off against the plaintiff’s claim any debt owed by the plaintiff to the defendant that was due and payable at the time the defence of set-off was filed.

(2) For subsection (1) , it does not matter whether the mutual debts are different in nature.

(3) This section extends to a proceeding in which 1 or more of the mutual debts is owed by or to a deceased person who is represented by a personal representative.

(4) However, this section does not apply to the extent to which a plaintiff and a defendant have agreed that debts, whether generally, or in relation to specific debts, may not be set off against each other.

(5) This section—

(a) does not affect other rights of set-off or obligation of a debtor or creditor whether arising in equity or otherwise; and

(b) applies subject to any express provision in another Act.

(6) In this section—

"debt" means any liquidated claim.