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Week 3 Instituting proceedings, Service and Notice of Intention to Defend …
Week 3 Instituting proceedings, Service and Notice of Intention to Defend - see lecture notes - too many pages for detailed this is high level map
2 Client care
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2.2 Cost disclosures
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written agreement must be made between a solicitor and client which sets out inter alia the work to be done by the solicitor
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3 Letters of demand
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. If a negotiated settlement is desired, the letter may be accompanied by a ‘without prejudice’ offer to settle the dispute, so that if settlement is not reached no admissions can be used in evidence
Alternatively, the letter may disclose deficiencies in the instructions provided by the client;
Clearly, sometimes such letters are written without the intention of instituting proceedings; however, a failure to answer a letter of demand may amount to an admission of its correctness in certain circumstances:
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4 Commencing proceedings
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4.2 Starting in error
Due to the complexity of the litigation system, lay litigants or litigants in person, and some inexperienced litigators commence their litigation using the wrong procedure.
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9 Personal Service
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9.2 Manner of service
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At common law the process server had to physically touch the defendant with the document, describe its nature and offer the defendant the opportunity to compare the service copy with the original.
Ainsworth v Redd (1990) 19 NSWLR 78 [extracted 8.2.3C]. The issue was whether personal service of a document was effected by leaving a copy of the document with the person to be served.
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10 Ordinary Service
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10.2 Address for service
Where a person has nominated an address for service, that is their proper address for service: UCPR r 112(3),
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11 Special Parties
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11.3 Partnerships, business names etc
Persons carrying on a business in a name or style, other than his or her name or style, may be served in that name or style as if the name or style were a firm name, and the partnership service rules apply. I
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