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Court books – All states

14 December 2020 by By Lawyers

Court books are an indexed collection of all documents that the parties rely upon in proceedings, collated for convenience of use during a hearing. They are commonly used in all litigation matters and are compulsory in some courts, especially in specialist lists and on appeal.

A court book ordinarily includes all pleadings and evidence. It generally omits any irrelevant documents, even if they were disclosed in the proceedings. For example, a voluminous bundle of documents may have been produced under a subpoena issued by one of the parties in the lead-up to the hearing, but the party only seeks to rely on a few documents out of the bundle. The court book will contain the subpoena itself plus those relevant documents only.

A properly compiled and indexed court book allows solicitors, counsel and the bench to have a common reference point and easily navigate to relevant documents and issues as the hearing proceeds.

Two new precedents for creating court books have been added to every By Lawyers litigation guide in Australia.

The precedents Court book cover page and Court book index are customised for each court in each jurisdiction. They comply with each court’s requirements and will assist practitioners in compiling court books in all types of litigation.

 

Filed Under: Australian Capital Territory, Federal, Litigation, New South Wales, Northern Territory, Publication Updates, Queensland, South Australia, Tasmania, Victoria, Western Australia Tagged With: court, court books, federal, index, litigation

Magistrates Court – Subpoenas – VIC

15 October 2018 by By Lawyers

New forms for Magistrates Court Subpoenas

The By Lawyers Victorian Magistrates’ Court – Civil guide has been updated to reflect recent changes to the Magistrates Court rules affecting subpoenas in civil matters.

The Magistrates’ Court General Civil Procedure (Miscellaneous Amendments) Rules 2018, which amend the Magistrates’ Court General Civil Procedure Rules 2010, came into effect on 15 October 2018.

These amendments make important changes to subpoena forms and processes in the Magistrates Court’s civil jurisdiction. The intention of the amendments is to harmonise Victoria with other Australian jurisdictions with regard to subpoenas.

Importantly, the existing form for Magistrates Court subpoenas, form 42A Subpoena to attend to give evidence, has been updated.

There are also two new forms for Magistrates Court subpoenas, forms – 42B, Subpoena to produce and 42C, Subpoena both to attend to give evidence and to produce.

For more information on Subpoenas generally, see the By Lawyers Reference Manual 101 Subpoena Answers located in the Reference Materials folder at the top of the matter plans in all By Lawyers litigation and criminal guides.

Filed Under: Litigation, Victoria Tagged With: court, litigation, magistrates court, Subpoena, Subpoena both to attend to give evidence and to produce, Subpoena to give evidence, Subpoena to produce, victoria

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

Family Law – Discontinuance & Summary Dismissal

9 November 2017 by By Lawyers

Commentary has been added to the Property Settlement, Children and Divorce publications on discontinuance and summary dismissal of proceedings. The necessary forms have also been linked to the relevant matter plans.

Proceedings maybe discontinued according to Family Law Rule 10.11 and Federal Circuit Court Rules 13.01 and 13.02. …

See Bigg and Suzi [1998] FamCA 14 (5 March 1998) where the Court said that not only did it have power to summarily dismiss an
application which could not succeed, but also the Court had inherent power to dismiss or permanently stay an application.

Filed Under: Family Law, Federal, Legal Alerts, Publication Updates Tagged With: children, court, discontinuance, divorce, family law, property settlement, summary dismissal, updates

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

Probate filing fees

1 September 2017 by By Lawyers

The Supreme Court Probate filing fees have been updated in the retainer instructions and in the costs agreements. 1 July 2017

Filed Under: Australian Capital Territory, New South Wales, Northern Territory, Publication Updates, Queensland, South Australia, Tasmania, Victoria, Western Australia Tagged With: court, filing fees, probtae, supreme

VIC – Emailing in the Supreme Court

26 July 2017 by By Lawyers

The Supreme Court (Chapter I Email Service Amendment) Rules 2017 which come into effect on 1 August 2017 requires parties in civil matters to include an email address for service in documents filed with the Court and provide that ordinary service may be effected by email to that address.

Documents are to be served either as attachments to a covering email or by including in the email an operative hyperlink to the documents being served.

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

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