What must a party demonstrate to successfully obtain a summary judgment?

Study for the Queensland Bar Exam. Prepare with flashcards and multiple-choice questions, each featuring hints and detailed explanations. Get ready for success!

To successfully obtain a summary judgment, a party must demonstrate that there is no real prospect of success for the opposing party's case. This legal standard indicates that even if the case goes to trial, the opposing party will not be able to establish their claims due to insufficient evidence or legal grounds. In essence, summary judgment is a powerful tool that allows a party to seek a judgment in their favor without the need for a full trial, saving time and resources when it is clear that litigation would be futile.

When a party claims that the opposing party has no real prospect of success, they are effectively arguing that all reasonable disputes about the material facts have been resolved and that, based on the evidence and applicable law, there is no legitimate case to be tried. The focus is on whether the evidence presented would allow a reasonable jury to potentially rule in favor of the opposing party if the matter were to go to trial.

Other options address misconceptions about the requirements for summary judgment. Presenting clear evidence or having a reasonable prospect of success pertains to the initial party seeking to have their case confirmed, rather than the opposition's inability to succeed. The desire to expedite the trial process, while a valid concern, is not a legal requirement to grant summary judgment. Instead,

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