ByLawyers News and Updates

Enforcement – VIC

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The By Lawyers Enforcement (VIC) publication has been extensively reviewed and expanded.

Part of the individual civil litigation publications, the Enforcement guides deal with enforcing judgments and orders in civil matters in the Magistrates’ Court, the County Court and the Supreme Court. They are now stand-alone publications, designed to assist practitioners who are advising and representing clients that seek to recover or resist a judgment debt or other order, whether or not the practitioner acted for the client in the substantive matter.

The commentaries have been substantially enhanced. New precedents provided on the matter plan include:

  • File cover sheet
  • Retainer instructions
  • Costs agreement and disclosure document
  • Initial letter to client
  • Letter of demand
  • To do list

The commentaries and precedents cover all manner of enforcement procedures, in all levels of courts, from examination and attachment to various warrants and writs.

Related By Lawyers guides include Insolvency and 101 Subpoena Answers.

District Court litigation – NSW

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The By Lawyers District Court Litigation publication has been revised following the Court’s re-issue of Practice Note DC (Civil) No. 1. The revised practice note commenced on 31 August 2020.

The revision of this critical practice note also provided the opportunity for an author review of the District Court litigation publication, with resulting enhancement.

Both the Acting for the Defendant – District Court Civil (NSW) and Acting for the Plaintiff – District Court Civil (NSW) Guides have been reviewed. The matter plan is re-ordered and the procedural requirements of the practice note are further emphasised.

In addition, a new precedent Letter to client enclosing Practice Note DC (Civil) No. 1, has been added to each guide. The new precedent assists practitioners in complying with the court’s disclosure requirements. 

This review and the addition of the new precedent is part of By Lawyers continuing commitment to enhancing our content and helping our subscribers enjoy practice more.

Courts and tribunals – 1 July fee increases and legislation updates

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1 July always sees legislative changes, including increases to court fees. Happy New (financial) Year!

The following are some of the important changes commencing 1 July 2018. By Lawyers publications in each state have been updated as appropriate.

LITIGATION, CRIMINAL LAW, FAMILY LAW & DECEASED ESTATES

All States

Fee increases apply in all courts and tribunals.

Injury claims – where damages for permanent impairment and/or non-economic loss are subject to statutory caps (e.g. motor accidents and workers compensation legislation) these maximum amounts have been updated.

Defamation – the maximum amount of damages for non-economic loss available under the Uniform Defamation Law is now $398,500.

VIC Supreme Court

All documents for Supreme Court Common Law, Commercial Court and Costs Court matters must now be electronically filed using the RedCrest electronic filing platform. Court users will need to register. See the Supreme Court page ‘Electronic filing and case management’ and the commentary in the By Lawyers Victorian Supreme Court Guide

 

District Court Civil NSW

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NOVEMBER
  •  Brand new guide added – ‘Reference Manual – 101 Subpoena Answers for NSW’
OCTOBER
  • Acting for the Defendant and Acting for the Plaintiff Guides
    • Commentaries added on service outside of Australia
    • Commentaries added on list of exhibits
  • Costs Agreement
    • Included reference to time limit for bringing costs assessment included total estimate of legal costs section with provision for variables and included authority to receive money into trust.
    • Disputes section improved, fields for client and firm details added, trust account details added, solicitor’s lien added, execution clauses for individuals and corporations added and general formatting and grammatical improvements.

 

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