BSBLEG514 Civil Law Procedures Report: Magistrates Court

This report provides a comprehensive overview of civil law procedures, focusing on key documents used in the Magistrates Court of Queensland. It begins with a memorandum introducing the case of CD vs. AB, followed by an analysis of the statement of claim, notice of intention to defend, defense and counterclaim, and reply. The report delves into the purpose of each document, the relevant rules and information required for their preparation, and the time limits and evidentiary requirements. Furthermore, it analyzes the provided evidence, highlighting its strengths and weaknesses, and suggests additional information needed to strengthen the case. The report concludes with a list of references, providing a solid foundation for understanding civil litigation processes.

Running head: CIVIL LAW
Civil Law

CIVIL LAW
Table of Contents
1. Memorandum.........................................................................................................................2
a. Statement of Claim.............................................................................................................2
b. Notice of Intention to Defend............................................................................................4
c. Defense and Counter Claim...............................................................................................6
d. Reply..................................................................................................................................7
2. Analysis of Purpose of Document..........................................................................................8
3. Rules of the document and the information about form........................................................8
4. Time Limits and Ability of Evidence.....................................................................................8
5. Analysis of Evidences............................................................................................................9
References................................................................................................................................10
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1. Memorandum
To: Jack Smith
From: Oliver King
Date: 29.08.2019
File: 010
Subject: Memorandum informing about the Statement of Claim, Notice of Intention to
Defend, Defense and Counter Claim along with Reply regarding the case of CD vs AB.
a. Statement of Claim
MAGISTRATES COURT OF QUEENSLAND
REGISTRY: Bulla
NUMBER: 10
Plaintiff: CD
AND
Defendant: AB
Filed in the Bulla registry on (date)
STATEMENT OF CLAIM
This claim in this proceeding is made in reliance on the following facts:
1. It was found in the case that:
(a) The plaintiff was the holder of a Ferrari registration GTO 1969.
(b) The defendant was the driver as well as the holder of a Porsche registration No:
‘STUD 1’.
STATEMENT OF CLAIM CD
Filed on behalf of the plaintiff Bulla
Form 16 – Rules 22 and 146 Newtown
Telephone:
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Uniform Civil Procedure Rules 1999 Facsimile:
2. The accident took place at Bulla in Newtown wherein the vehicle was owned and driven
by AB (i.e. the defendant); its registration No. was ‘STUD 1’. The defendant’s vehicle
crashed with that of the plaintiff (i.e. CD) whose registration no. was ‘GTO 1969’.
3. The crash was caused by not being able to follow the traffic signal. Hence, it was the
negligence of the defendant. The driver’s negligent actions included:
(a) Failing to take proper action in the situation
(b) Failing to control or stop the vehicle in time to avoid the crash
(c) Failing to apply the brakes on their vehicle for mitigating the crash
(d) Disobeying a red light single and entering the traffic circle
4. As a result of the defendant’s negligence, the plaintiff had suffered loss and damage.
The plaintiff claims the following relief:
Specification of damages and losses -
The plaintiff claims for repairing the vehicle, which amounted to $175,000 against the
defendant.
Signed: CD
Description: Plaintiff
Dated:
NOTICE AS TO DEFENSE
Your defense must be attached to your notice of intention to defend.
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(Legal Aid Queensland, 2016a)
b. Notice of Intention to Defend
MAGISTRATE’S COURT OF QUEENSLAND
REGISTRY: Bulla
NUMBER:
Plaintiff: CD
AND
Defendant: AB
NOTICE OF INTENTION TO DEFEND
TAKE NOTICE that the Defendant intends to defend this proceeding.
The facts relied upon by the Defendant are set out in the attached defense and counterclaim.
Filed in the Bulla Registry on (date).
Registrar
PARTICULARS OF THE DEFENDANT:
Name: AB
Defendant’s address for service: Coronation Drive, Bulla in Newtown
Defendant’s telephone number or contact number:
Defendant’s fax number (if any):
Defendant’s e-mail address (if any):
Signed: AB
Description: Defendant
Dated:
NOTICE OF INTENTION TO DEFEND AB
Filed on behalf of the defendant Bulla
Form 6 – Rule 139 Newtown
Telephone:
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Uniform Civil Procedure Rules 1999 Facsimile:
(Legal Aid Queensland, 2016b)
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c. Defense and Counter Claim
MAGISTRATES COURT OF QUEENSLAND
REGISTRY: Bulla
NUMBER:
Plaintiff: CD
AND
Defendant: AB
Filed in the Bulla Registry on (date)
DEFENSE AND COUNTERCLAIM
The defendant relies on the following facts in defense of the claim:
1. The defendant admits the allegations declared in the statement of claim.
COUNTERCLAIM
This counterclaim is made by the first defendant against:
1. CD (the plaintiff)
It is made in reliance on the following facts:
2. The plaintiff:
(i) Cut across the path of an oncoming vehicle where it was unsafe to do so
(ii) Failed to take the appropriate action in that situation
(iii) Failed to give way to the defendant
Signed: AB
Description: Defendant
Dated: (date)
DEFENCE AND COUNTERCLAIM AB
Filed on behalf of the defendant Bulla
Form 18 – Rule 179 Newtown
Telephone:
Uniform Civil Procedure Rules 1999 Facsimile:
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d. Reply
NOTICE AS TO REPLY AND ANSWER
To the plaintiff: You have 14 days to file and serve an answer to this counterclaim. If you do
not do so, Rule 166 provides allegations of fact in the counterclaim are taken to be admitted
by you unless denied or stated to be not admitted by you in a pleading.
Address of Registry: Bulla, in Newtown.
PARTICULARS OF THE DEFENDANT:
Name: CD
Defendant’s address for service:
Defendant’s telephone number or contact number:
Defendant’s fax number (if any):
Defendant’s e-mail address (if any):
This claim is to be served on: AB
(Legal Aid Queensland, 2016c)
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2. Analysis of Purpose of Document
The ‘statement of claim’ is a document that includes facts, which supports the case. The
purpose of this document was to initiate the action towards the case soon after filling this
document as it the first step of the process (The State of Queensland, 2019). The purpose of
the document ‘notice of intention to defend’ was for the benefit of the defendant to ensure the
court, as well as, the pursuer to know that the case will be defended, thereby leading to
procedures and hearings (Deosaran & Francis-Subbiah, 2011). The defense as well as the
counterclaim emphasized the acceptance of the claim by the defendant and the rejection or
the admission of the allegations. The reply was sent to the plaintiff wherein the court asked
the response or the counterclaim of the defendant. However, the plaintiff also had the option
of replying the defendant provided the later raised new allegations or fact in the case
(Queensland Judgements, 2016).
3. Rules of the document and the information about the form
The civil procedure rules that were applied for this case were 22 and 146. The rule of ‘notice
of intention to defend’ was 139, defense and counterclaim rule was 179, and reply rule was
166. The information that required preparing each document may include the name of the
plaintiff and the defendant, address, telephone number, email, occupation, signature, the
scenario of how the accident has occurred, cause of accident, date, and other essential details
related to the incident (Queensland Government, 2019; State of Queensland, 2017a).
4. Time Limits and Ability of Evidence
Under the section of Uniform Civil Procedure Rules 1999, the notice of ‘intention to defend
document’ should be filled within the time period of 28 days after the submission of
plaintiff’s claim (State of Queensland, 2017b). This can be considered as the time limit
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required for the document creation. However, the client should gather more information
regarding the accident for the proceedings, as information and evidence might not be enough
for the verdict to be in the favor of the client.
5. Analysis of Evidence
The evidence provided by the client is not sufficient to start the proceedings, as it requires
more information, such as time, date of the accident and its circumstances. Proper address,
age, occupation, signature, and telephone number are required to prepare a valid statement.
Hence, it is essential to know what happens after the occurrence of the accident. It is also
essential to describe the speed of the vehicle while traveling and what was the condition of
the road during the course of the accident? Besides, the client must also have information
regarding the inquiry such as brake lights, headlights, or indicators. The aspect of obeying
traffic rules must also be considered. The evidence may include the photographs of the
accident or vehicle, as the claim will be more reliable (Legal Aid Queensland, 2016d). For
instance, the plaintiff can provide images as given below wherein the vehicle or the damage
made by the plaintiff can be clearly illustrated. This can act as an evident for supporting the
claim and help the court while making decisions.
Figure 1: Image that can be considered as an Evidence of Damage in the Case
Source: (All Times AEST, 2019)
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References
All Times AEST, 2019, Crash car a $450,000 write-off, News, viewed 10 September 2019,
<https://www.news.com.au/national/nsw-act/crash-car-a-450000-write-off/news-story/
8f6d2c2b17932af2e1b3a80ac25a7880>.
Deosaran, T, & Francis-Subbiah, R 2011, ‘A Guide: New Civil Procedure Rules in the
Magistrate’s Court’, Justice College, pp. 1-76.
Legal Aid Queensland 2016d, ‘Have you been in an accident?’, Legal Aid, pp. 1-96.
Legal Aid Queensland, 2016a, Sample 6: Statement of Claim, Magistrates Court of
Queensland, viewed 29 August 2019,
<https://www.legalaid.qld.gov.au/files/assets/public/publications/cars-and-driving/accident-
sample-6.pdf>.
Legal Aid Queensland, 2016b, Sample 12: Notice of intention to defend, Magistrates Court of
Queensland, viewed 29 August 2019,
<https://www.legalaid.qld.gov.au/files/assets/public/publications/cars-and-driving/accident-
sample-12.pdf >.
Legal Aid Queensland, 2016c, Sample 13: Defense and counterclaim, Magistrates Court of
Queensland, viewed 29 August 2019,
<https://www.legalaid.qld.gov.au/files/assets/public/publications/cars-and-driving/accident-
sample-12.pdf >.
Queensland Government, 2019, Uniform civil procedure rules 1999, Queensland Legislation,
viewed 29 August 2019,
<https://www.legislation.qld.gov.au/view/whole/html/inforce/current/sl-1999-0111>.
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Queensland Judgements, 2016, Chapter 6 – Pleadings, IGLRQ, viewed 29 August 2019,
<https://www.queenslandjudgments.com.au/practice/qpi-content?id=6000>.
State of Queensland, 2017, Uniform civil procedure rules 1999, Supreme Court of
Queensland Act 1991, viewed 10 September 2019,
<https://www.legislation.qld.gov.au/view/pdf/inforce/2017-11-24/sl-1999-0111>.
The State of Queensland, 2019, Claim and statement of claim, Queensland Court, viewed 29
August 2019, <https://www.courts.qld.gov.au/going-to-court/money-disputes/claim-and-
statement-of-claim>.
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