Provided detailed explanations of the purpose of a Claim and Statement of Claim – and information they should contain.
2Accessed and used the Uniform Civil Procedure Rules 1999 (Qld) (UCPR).
Identified if the matter was a civil or criminal court proceedings, and documents required.
Researched, accessed and completed documents for the commencement, defence and finalisation of court proceedings.
Provided detailed explanations of the purpose of a Notice of Intention to Defend and Defence of the Defendant, located and completed the two documents.
Located, completed and explained the use and rules regarding Form 59 and Form 59A.
Explained the use of the four Enforcement Warrant Forms.
Identified the importance of applying privacy principles and maintaining confidentiality with all personal information and documents.
Understands and enforces the Australian Solicitors Conduct Rules.
Completed four civil documents for court proceedings.
Scenario 1 You are a legal secretary at the firm Law & Co Solicitors. Contact details include: Address – PO Box 55, Windsor, QLD 4030, Phone (07) 3333 1111, Fax (07) 3333 2222). Michael Myers, a solicitor with Law & Co has an appointment with a new client regarding a personal injuries matter. The client’s name is Benjamin Button. You are asked to sit in on the meeting with Mr Myers and Mr Button. Mr Button’s story is as follows: On 9 April 2013, he was waiting for his bus on the busway in South Brisbane, Queensland, when a woman brushed past him as she was running to get the bus. Mr Button tried to avoid her, but he was not able to get out of her way in time. There was a collision. Mr Button has now been served with a Claim and Statement of Claim from the woman, whose name is Michelle Martin. Mr Button hands you the two documents (attached below). Ms Martin states that she fell and broke her arm. She claims that Mr Button was obstructing the path and not paying attention as he was reading a newspaper. She further claims that Mr Button moved in front of her as she ran. Ms Martin also claims that she was shouting for people to get out of her way and that Mr Button would have heard her coming towards him. Mr Button wishes to defend the Claim, and provides Michael with the following information: He was present on the busway at the time and date stated. He was not reading a newspaper. He was stationary on the platform and had proper regard to the people around him, including Ms Martin. He heard Ms Martin shouting. He did not move to obstruct the path of Ms Martin, and tried to move out of her way. Ms Martin ran into Mr Button and fell onto the ground. The extent of Ms Martin’s injuries is not known as no medical reports have been received. Michael hands you the above list and asks you to download the relevant documents from the Queensland Courts website and draft responses to the Claim and Statement of Claim based on the information Mr Button has provided. He tells you that he does not believe the plaintiff’s claim has any merit. He also explains that the Magistrates Court has jurisdiction in the matter, and there seem to be no irregularities with the originating documents.
Questions for Scenario 1:
Q1. Ms Martin filed her Claim and Statement of Claim against Mr Button. Provide a detailed explanation of the purpose of a Claim and Statement of Claim, and the information that each of the forms must contain under the UCPR. In your response make reference to specific rules from the UCPR, as well as the appropriate form numbers (approx. 100 words).
Q2. In order to defend the Claim, Mr Button must respond with his Defence. Provide a detailed explanation of the purpose of a Notice of Intention to Defend and Defence of the Defendant, and the information that Mr Button must ensure is contained within each of the forms under the UCPR. In your response make reference to specific rules from the UCPR, as well as the appropriate form numbers (approx. 100 words)
Q3.Based on the scenario above, and the two (2) documents supplied by Ms Martin (Claim and Statement of Claim), locate and complete the Notice of Intention to Defend and Defence of the Defendant on behalf of Mr Button, including Mr Button’s admissions, denials and non-admissions to each and every allegation in the Statement of Claim from Ms Martin.
Notes to assist: There are three (3) different types of responses you may have to an allegation in the Statement of Claim: ‘The defendant admits the allegations in paragraph 1 of the statement of claim.’ ‘The defendant denies the allegations in paragraph 1 of the statement of claim…’ Where any allegation is uncertain, ie you do not have any evidence of the allegations you can make a non-admission as follows: ‘The defendant does not admit the allegations in paragraph 1 of the statement of claim…’For both denials and non-admissions you must provide an explanation of why you are denying the allegation/why it cannot be admitted. You must comply with the rules of pleadings for the Defence and in particular, the Notice of Intention to Defend. Your defence must be attached to your notice of intention to defend. Drafting and formatting is very important in the court, and the UCPR requirements must be followed. Refer to your answers in Question 2 above. Ensure you refer to the specific paragraph numbers from the Statement of Claim in your Defence. You need to fill in all relevant details, including parties’ names, court registry, solicitor particulars, and remember to date and sign the form (for the signature in the online form, please type the party/solicitor’s name where applicable).
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