Laura Marie Clare
Why Study Civil?
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Well…what’s the use of knowing the law
if you don’t know how to bring it to court
Things to Keep in Mind
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What is the main aim of civil procedure?
 Efficiency – e.g. summary/default judgment
– remember “dismissal for want of
prosecution”
Things to Keep in Mind
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Who are we advising? – don’t get
caught up – most past exams ask you to
advise the PLAINTIFF but….

Semester 1, 2010 – this exam looked at
the defendant’s point of view
Things to Keep in Mind

What are we up to?
 The facts are always in chronological order!
Gives you a hint of what the examiner might
be looking for (but not always….)
 ALWAYS read the first line carefully – maybe
make a timeline
 They will tell you if you are to assume something or
not (e.g. assume your answer to the question above
was that H cannot transfer proceedings)
What Topics Are Covered?
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Jurisdiction
Transferring
proceedings
Instituting proceedings
Capacity
Originating processes
Limitations of actions
Multiple parties &
causes of action
Representative
proceedings (class
actions)
Service
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Appearance
Pleadings
Discovery
Interrogatories
Notices to admit
Subpoenas
Interlocutory procedures
Disposition without trial
Settlement
Trial
Costs
(enforcement)
CAREFUL!

My notes DO NOT cover
 the new Civil Procedure Act 2010 (Vic)
 OR
 Enforcement/Appeals
Now - Some Revision

I have put together a list of past exam
question and some original questions. I
have not reproduced any ENTIRE exam
in these slides
Revision Question #1 Semester
1, 2010

Can we move the proceeding to
Victoria?
Revision Question #2, Semester
2, 2007
What is a stale writ?
 What is the difference between Form 8A
and 8B?
 What are party/party costs and how do
they differ from indemnity costs?
 In light of Re Wakim – is the Federal
Court able to hear matters that ordinarily
fall within the State SC jurisdiction?
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Revision Question #3, 2000
Revision Question #3, cont
Revision Question #4, 1997
Revision Question #4, 1997
Revision Question #5, original

X wants to sue Y for negligence. They
get their lawyers to prepare a Form 5A
and SOC. They get a process server to
go to Y’s house but he isn’t home.
Instead, his friend Sally is home. They
give the form 5A and SOC to Sally and
explain that this is valid service of Y.

Is this effective personal service?
Revision Question #5(a)

Would the answer be different if instead
Y was home but refused to unlock the
door and let the process server actually
hand him the documents – is it enough
for the process server to
(a) slip it under the door?
 (b) put it in the letter box?
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Revision Question #5(b)

What else does the process server need
to do?
Revision Question #7

If costs are NOT reserved until the end –
when should you raise the issue of costs
for interlocutory procedures?
Revision Question #8

The D realises that they might not win
against P and decide to quickly try and
settle the matter. They go to P and offer
him $100,000 in accordance with Order
26. The P ignores the letter and does
not accept within 14 days.

The matter goes to trial and P gets
$90,000 in damages and costs.
Revision Question #8 cont
What is the significance of “in
accordance with Order 26?”
 When can the contents of the settlement
be disclosed in court?
 What cost orders might D ask for?
 What if it was P who asks the D for
$100,000 – what costs orders might P
ask for?
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Revision Question #9

P believes D has some really important
DVD’s that are relevant in evidence. If D
shows these tapes, P is 100% sure the
judge will find in his favour because they
are VERY damaging to D’s case. P also
believes that D might try and find ANY
excuse he can not to disclose the fact that
these DVD’s exist and might even try and
throw them out or give them to his friend C
to hold onto until the trial is over.
Revision Question #9
If D gives them to C – what could P try
and do?
 Because P is worried D might throw
them out – what order might P try and
get?
 If D disposed of the evidence – what
sort of offence could he be guilty of?
What would P need to prove? Is he
likely to succeed?
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Revision Question #10
P believes D pushed him down the
stairs at work (Edward’s Funeral
Parlour) because he was worried P
would finish all the lovely black tea in the
work tea room if D didn’t get there first.
P severely hurt his head and now suffers
from neglect syndrome.
 Assume you are D - answer the
following Interrogatory written by P
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Revision Question #10
1.
2.
3.
4.
5.
Why didn’t you give me back my DVD of
Being Human Season I?
How long have you worked at Edward’s
Funeral Parlour?
How did you come to work at Edward’s
Funeral Parlour?
Who do Edward’s Funeral Parlour receive
their tea supplies from?
How do the other staff at Edward’s
Funeral Parlour treat you?