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BSBLEG514 Assist With Civil Procedures

tag 1 Download7 Pages / 1,603 Words
  • Course Code: BSBLEG514
  • University: TAFE Queensland

    MyAssignmentHelp.com is not sponsored or endorsed by this college or university

  • Country: Australia

Question:

Scenario

AB was driving his black Porsche registration No: ‘STUD 1’ along Coronation Drive, Bulla in Newtown when he indicates and turns into the right hand turn lane with the intention of turning right into Banks Street to have a coffee at one of the cafes there. There is a right turn arrow light governing the turn and AB is third in line behind a large delivery truck and another vehicle.

After some time, the right turn arrow turns green and the delivery truck moves off slowly with the other car behind the truck and with AB following behind. As the truck turns right the green arrow turns amber and then red with AB still to make his turn. Being impatient, AB runs the red light and drives into the path of an oncoming car driven by CD. CD is unable to stop in time and crashes into AB’s car and where she suffers significant property damage to her 1969 GTO Ferrari to the value of $175,000.00.

CD then consults your law firm where you are employed as a paralegal and explains to the solicitor you work for that neither of the vehicles in the accident were insured and that she wishes to sue AB personally for the property damage to her car and she seeks the solicitor’s advice on how to go about it.

After taking instructions from the client, the solicitor calls you in and explains the situation to you. He says to you that he wants you to handle the matter by preparing all the pre-trial process to satisfy the client and to get damages (compensation) from AB. 

The Solicitor that you assist at Mt Gravatt Legal Centre has asked you to complete the following and provide them with a Memorandum (800 words) outlining, discussing and attaching the relevant documents required to commence this matter. Just remember that you are to access the relevant documents from your state’s jurisdiction Claim.

  • Statement of claim.
  • Notice of intention to defend
  • Defence and counter claim
  • Reply

Students are then to complete the following tasks:

  1. Locate each document and attach a template the memo;
    1. Statement of claim.
    2. Notice of intention to defend
    3. Defence and counter claim
    4. Reply
  1. Analyse the purpose of each document
  1. Locate the appropriate rule from your state civil procedure rules relative to the document and determine what information is required for each form.
  1. Explain the time limit requirements involved in the document creation and the serving of each document under your state’s various civil procedure rules. Determine whether our client has the ability to start proceedings, or in other words, we are still within the statute of limitation time frame.
  1. Provide an analysis of whether you believe there is sufficient evidence to start proceedings and determine what further information we need from the client. Provide the Solicitor with at least five (5) questions we must ask the client to gain more information.
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