Practice & Procedure
Winter Semester 2013
Students should be aware of the following:
1.
Offers of Compromise
This topic falls under UCPR Part 20 Div 4 and Part 42 Div 3. The rules were recently
amended, in part, to take effect from 7 June 2013. The relevant provisions for the purposes
of the course (and which are subject to examination) are the rules in force after the
amendments.
2.
Interlocutory applications
In considering this topic, part of the material which needs to be considered is the drafting of
any necessary affidavits in admissible form. There therefore needs to be an understanding
as to the relevant evidentiary principles.
Two articles which contain a relevant discussion on the drafting of affidavits are:
1. How to draft an affidavit, J P Bryson QC, (1985) 1 Aust Bar review 250
2. Affidavits, Justice John Bryson (1999) 18 Aust Bar Review 166
3.
Reasonable prospects of success
The following 4 cases need to be considered concerning s 348 Legal Profession Act 2004
(NSW)
1. Degiorgio v Dunn (No2) [2005] 62 NSWRL 284 (Barrett J)
2. Lomoto v Able Technical Pty Ltd [2005] 63 NSWLR 300 (McColl JA)
3. Firth v Latham [2007] NSWCA 40 (9/3/2007) (unreported)
4. Treadwell v Hickey [ 2010] NSWSC 1119 (Barrett J)