Civil Procedure and Advise Employee Issue Essay

1079 Words Oct 7th, 2013 5 Pages
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Issue
Solution

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ADVISE EMPLOYEE

Issue
Solution

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ADVISE EMPLOYEE

Issue
SolutionQuestion 1.1

SERVICE
- Personal service o R6.02 An originating process shall be served personally on each defendant o R6.03 Personal service is effected by leaving a copy of the writ with the Defendant or putting it down in their presence if they do not accept a copy o Personal service is not effective in this way because the plaintiff has failed to fulfill this requirement

- HOWEVER - Common Law Pino v Prosser o Rules states that a document can be left with a spouse on the
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It is unlikely that the courts will find that the VSC is a clearly inappropriate court.
- However, the defendant must also show that determination in the VSC would be oppressive and vexatious (Oceanic Sun Line v Fay and Voth)

Question 1.2

Issues with statement of claim
- Format of the document o ‘In the Supreme court of Victoria’ should be on one line and ‘at Melbourne’ should be below on another line o The addresses of each party should be omitted o The document number should be written ‘89473/09’ o It should say ‘-and-‘ instead of ‘v’ between the parties names o There needs to be tram tracks outlining date of document and who the document is filed on behalf of
- Details of the claim o Need to be numbered o There needs to be particulars describing the details of the event o There should be no mention of witnesses or any other evidence o The plaintiff has raised something that should be mentioned by the Defendant as a defence o The plaintiff has raised a matter which they should talk about it the reply

Question 1.3
- Under r23.03 Summary judgment for the defendan can be given by the court at any time if the defendant has a good defence on the merits o This rule only applies when Plaintiffs case absolutely

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