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VIC – Magistrates’ Court Civil – New commentary on Substituted service

6 June 2018 by By Lawyers

Some practical commentary on substituted service has been added to the By Lawyers Acting for the Plaintiff – Magistrates’ Court Guide.

To accompany this new commentary, we have also added the following precedents to the Acting for the Plaintiff matter plan:

  • Example content – Summons – Substituted Service;
  • Example content – Affidavit by solicitor in support of an application for substituted service.

Filed Under: Litigation, Publication Updates, Victoria Tagged With: affidavit in support, magistrates court, Substituted service, Summons

VIC – County Court – Author Review

1 June 2018 by By Lawyers

The By Lawyers author of Victorian Civil Litigation and Injuries, Nawaar Hassan, Barrister, has reviewed the County Court publication including commentary, matter plans and precedents. Various enhancements have been made, including expansion and clarification of commentary relating to:

  • Directions hearings, administrative mentions and the civil directions group;
  • Offers of compromise and Calderbank offers;
  • Dealing with self-represented litigants;
  • New efiling procedures and requirements;
  • Commencing proceedings and claiming interest;
  • Counterclaims by the defendant and claims for contribution or indemnity;
  • Subpoenas and notices to produce;
  • Retaining an expert.

Precedent letters instructing expert witnesses have also been updated.

Filed Under: Litigation, Publication Updates Tagged With: County Court, VIC, VIC Country Court, victoria, Victoria litigation

Queensland Civil and Administrative Tribunal (QCAT) – Jurisdiction – Interstate disputes

24 April 2018 by By Lawyers

The recent High Court decision in Burns v Corbett [2018] HCA 15 confirms that state tribunals do not have jurisdiction in interstate disputes, unless the tribunal is constituted as a state court. The decision only concerned the New South Wales Civil and Administrative Tribunal and confirms the NCAT does not have jurisdiction in interstate disputes. This may affect the Queensland Civil and Administrative Tribunal as there is doubt over whether or not QCAT is constituted as a state court.

Where claims involve interstate disputes, careful consideration of the appropriate forum is required.

Filed Under: Articles, Legal Alerts, Litigation, Miscellaneous, Queensland Tagged With: Interstate disputes, jurisdiction, QCAT

McKenzie Friend – A friend in need

5 February 2018 by By Lawyers

A McKenzie Friend (MF) is someone who assists an unrepresented person in court. They can be a lawyer, but they are not a substitute for a lawyer. So lawyer or not, when acting as a MF they may not address the court; they can take notes, organise papers, whisper quietly to and generally assist the litigant. McKenzie v McKenzie (1970) 3 W.L.R 472 was a family law case and MFs are more common in family and guardianship matters, but they may be permitted in any court where an unrepresented person needs assistance to ensure fairness. However, some MFs are overbearing do-gooders, or bush lawyers, who cause disruption and delay rather than actually assist and will not be permitted to remain. In guardianship hearings where there is no right of representation, a lawyer can act as a MF.

Filed Under: Articles, Family Law, Litigation, Miscellaneous, Wills and Estates Tagged With: McKenzie Friend, Unrepresented litigants

NSW – Supreme Court – Equity Division and Common Law Division – Appeals – Practice Note SC CA 1

11 January 2018 by By Lawyers

Information has been added to the Act for Plaintiff and Act for Defendant commentaries in both the Supreme Court Common Law and Equity Guides to incorporate the requirements of Practice Note No. SC CA 1  which was issued on 13 December 2017 and which commenced on 1 January 2018.

All parties to proceedings in the Court of Appeal are required to comply with the requirements contained in  Part 51 UCPR (appeals) and Part 59 UCPR ( judicial review).  The Practice Note makes additional  provision for the  preparation and conduct of proceedings in the Court of Appeal.

Filed Under: Litigation, Miscellaneous, New South Wales, Publication Updates Tagged With: Appeals, Common Law Division, Equity Division, Supreme Court, updates

Local Court NSW – Author review of precedents

11 January 2018 by By Lawyers

The author, Bob Gowenlock, has reviewed the precedents for Acting for the Plaintiff and Acting for the Defendant within the Local Court NSW Guide. The precedents have now been updated to incorporate these amendments by the author.

Filed Under: Litigation, New South Wales, Publication Updates Tagged With: Author review, court, litigation, Local Court, NSW

Domestic violence – Commentary added on national recognition of orders

23 November 2017 by By Lawyers

Commentary added on national recognition of domestic violence orders scheme

Filed Under: Criminal Law, Federal, Litigation, New South Wales, Publication Updates, Queensland, South Australia Tagged With: AVO, domestic violence, DVO, National recognition

QLD – QCAT Publication – Author updates

23 November 2017 by By Lawyers

The commentary within the QCAT Publication has been reviewed by the author and various general amendments and improvements were made.

Filed Under: Litigation, Publication Updates, Queensland Tagged With: QCAT, updates

Courts – NSW

6 October 2017 by By Lawyers

New commentary discusses service of documents by the defendant.

References to Civil Procedure Regulations updated

Filed Under: Litigation, New South Wales, Publication Updates Tagged With: courts, defendant, NSW, service

VIC – Supreme and County Court service

1 September 2017 by By Lawyers

The Supreme and County Court publications have been updated to reflect recent changes relating to ordinary service which may now be effected by email.

Filed Under: Litigation, Publication Updates, Victoria Tagged With: county, court, email, ordinary, service, supreme

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