CIVIL PROCEDURE HYPOTHETICAL TASK
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Macquarie University *
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398
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Law
Date
Apr 3, 2024
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docx
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7
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CIVIL PROCEDURE HYPOTHETICAL TASK Task 1
15 April 2023 Attention: Big Law & Associates Dear Colleagues We refer to our letter of demand dated 6 April 2023. We note that our client still has not received any payment from your client in regard to his nine outstanding instalments despite our numerous requests. Our client intends to commence proceedings in the Common Law division of the Supreme Court if receipt of full payment has not been received by 30 April 2023. If your client is agreeable to engage in ADR, it is our instructions to continue to explore a resolution outside of the Court. Kind regards Smart & Associates Task 2
RESEARCH MEMORANDUM Background and purpose: To find and fulfil the requirements for substituted service, and to ensure that a defendant outside of NSW does not affect the requirements for substituted service. Facts:
Big Law & Associates no longer act for Mr Muskstick
Mr Muskstick currently resides in the Northern Territory
We do not have the current address of Mr Muskstick Key findings:
Requirements for substituted service The Court will permit substituted service if it is satisfied that:
Personal service is impractical. Often, by evidence that the defendant is deliberately avoiding attempts of personal service.
Reasonable efforts have been made to personally serve the defendant.
o
Examples of demonstration: attempts to contact the defendant to arrange a time for personal service, and the reports of process servers detailing the attempts.
It is likely that the proposed method of substituted service would bring the legal proceedings to the attention of the defendant. Service of process outside of NSW
Australian courts have demonstrated their willingness to make orders for substituted service via online means.
No restrictions found on defendant living outside of NSW. Conclusion: Substituted service should be permitted by the Court. Draft Notice of Motion attached on next page.
Question C Form
Form 20 (version 3)
UCPR 18.1 and 18.3
NOTICE OF MOTION
COURT DETAILS
Court
Supreme Court of NSW #Division
#List
Registry
Sydney
Case number
TITLE OF PROCEEDINGS
Plaintiff
Findmystuff Pty Ltd. Defendant
Mr Muskstick FILING DETAILS
Person seeking orders
Plaintiffs Filed in relation to
Legal representative
Smart & Associates Legal representative reference
####
Contact name and telephone
Mrs Smart XX-XXXX-XXXX
Contact email
smart@smartassociates.com.au
PERSON AFFECTED BY ORDERS SOUGHT
Defendants, Mr Muskstick
HEARING DETAILS
This motion is listed at Law Courts Building, Queens Square, 184 Phillip Street, Sydney NSW 2000
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