Preparation of Pre-trial Process for the Client Cd. Letter 2022

Assist with Civil
Name of the Student
Name of the University
Author Note

From: The Law Firm
To: CD
Subject: Preparation of Pre-Trial Process for the Client CD.
Final Step that must be completed before commencing proceedings:
The final step that must be completed before commencing a proceeding in the case of motor
vehicle accident against AB is through a letter of demand sent to the defendant AB or request
the defendant to solve the matter through out of court settlement. A letter of demand is a
letter which shall be sent by the plaintiff to the defendant of the case in which CD or his
solicitor on behalf of CD shall demand compensation for the loss suffered by CD with
regards to the accident which was occurred for the negligence of AB. If AB provides the
amount of money demanded as compensation to the CD then CD shall not make any further
court proceedings in the matter. However, if the defendant denies the matter or does not pay
any compensation to the CD then CD shall sent a letter of warning and start court
proceedings against AB. The solicitor must also note that whether the driver of the car was
the owner of the car or a driver who has been acting as the agent of the owner. If the driver
has been acting as the agent of the owner then both the owner and the driver shall be liable
for the accident or the damage caused due to the accident (MAIC. 2019). If the driver did not
act as an agent of the owner then the damage shall be pursued from the driver itself.
The concerned court in which the claim must be made:
According to the Section 68 of District Court of Queensland Act, 1967 provides civil
jurisdiction to entertain case related to motor accident within the jurisdiction of Queensland.
In the given case the damage to the car of CD valued at $175,000. The car which CD was
driving was a 1969 GTO Ferrari was damaged by AB in a car accident. The repairing cost of
the car has been valued at $175,000. As per the provisions of the Queensland’s Motor
Vehicle Law, the District Court has the power to entertain case value of $750,000.
Limitations as to filing of claim:
According to the Limitation of Actions Act, 1974 it has been stated that the enactment has
imposed certain strict time limit within which the claims or court proceeding must be made in
the state of Queensland. If the claim has not been made within the period of limitation then
the claims shall be barred by statute. The court can allow an extension for filing a claim
petition in very limited circumstances which has been provided under Section 30 and Section

32 of the Limitation Act. According to the Section 10 of the Limitation Act it has been stated
that for claims which include property damage, it must be filed within six years from the date
on which the actual cause of action took place. According to the Rule 24 (1) of the Uniform
Civil Procedure Rules 1999 it has been stated that the claim shall remain in force for a term
of 1year from the data on which it has been filed. Rule 27 (1) of the UCPR, 1999 has been
stated that the application for claim must be filed and served to each respondents before three
working days from the hearing date of the application. According to Chapter 5 of the UCPR,
1999, it has been stated that the respondents should file a Notice of Intention to Defend
within 28 days after the claim has been filed and the same must be served to the plaintiff on
the same date.
Rules regarding privileged document:
According to Section 212 of the UCPR, stated that privileged documents are documents to
which disclosure does not apply. It has been state Privileged documents are those documents
which consist of conversation between the petitioner and its attorney. The term privilege
makes a party to hold the evidence from disclosure before any third party or the court,
however, such evidence must be written or oral. According to the Rule 214 (1) (a) it has been
provided that the disclosure of documents or evidences must be performed by both the parties
providing a list of documents which the parties believes must be disclosed (Qls.com.au.
2019). The party also must lit the documents which t does not wants to disclose as they
contains privileged information. Therefore, both the parties shall disclose all the documents
that has been provided under the list of documents except those documents which has been
marked as privilege.
The form for List of Documents which is to be used in the Interlocutory Proceedings:
After the parties to the litigation files their pleadings to the proceedings, the pleadings shall
become closed and after the closing of the pleading the court may ask the parties to file their
documents or evidence before the court for disclosure as per the provisions of the Uniform
Civil Procedure Rules 1999. Under the provision of Rule 214 (1) (a) it has been provided
that the parties must disclose their evidences except the privilege documents in the respective
form 19 within 14 days from the request of disclosure of documents has been made by the
parties to the dispute (Lawyers and Burrows 2019). Under Form 19 the parties must provide
Description of Document, Person Who Made Document and date and each of the documents
also must be segregated into Document ID, Document Type, Title, Author (Surname Initials),

Author Organisation, Recipient, Recipient Organization, Date. The form shall also contain
the list of privileged documents in the same format.
Information that is required from the client or third party to prove liability:
The client should provide a detailed description of the accident without keeping anything
secret even if the client knows that the client is liable for the accident. As a paralegal in
charge of this matter, the CCTV footage of the accident which occurred between AB and CD
must be obtained from the traffic department of the concerned area or the concerned police
officer who in this case is the investigating officer of the particular accident. The CCTV
footage shall enable the solicitor to mark the areas on which it can put the case to make the
other party liable. The footage of the accident will also enable who had violated the traffic
rules for which the accident has occurred or what was the traffic light when the accident
occurred. Therefore, to prove the liability of the defendant’s car the following documents or
information which are needed by the solicitor or the law firm which are as follows:
 Statement of Witness of the particular accident.
 Incident report form the concerned authority
 Documents of the car including registration number.
 Footage of traffic camera.
 Medical reports of the injured person, if any in relation to the accident.
Cost Letter:
To
CD
Subject: Contract for the cost that is required for pleading on Behalf of you before
District Court of Queensland.
Dear Sir,
This is to inform you that the pleading and proceeding with the respect to you motor vehicle
accident and claim for property damage requires costs as well as fees for such service which
shall be provided by us as per you consent. The particulars as to the cost of such services is
attached below: