Spencer v The Commonwealth (2010) 241 CLR 118 does not change the approach to summary judgment under r 292 UCPR (Qld), because s 31A of the Federal Court of Australia Act uses 'no reasonable prospect' rather than 'no real prospect', and the phrases convey very different meanings. A respondent to a summary judgment application who relies on a brief affidavit deposing in general terms to audit findings, without exhibiting documents, providing particulars, or relating alleged deficiencies to the specific invoices in question, adduces insufficient evidence to demonstrate a real prospect of successfully defending the claim. A general deficiency counterclaim across an entire commercial relationship cannot readily be characterised as an equitable set-off in respect of specific unpaid invoices.
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