Civil Procedure (LAW2490) Magistrates Court Assignment Semester 2

This assignment solution addresses a Magistrates Court assignment in Civil Procedure (LAW2490), focusing on the roles of a paralegal representing both a plaintiff and a defendant. It requires the drafting of court documents, including a Magistrates Court Complaint, Notice of Defence, and Counterclaim, ready for filing and service. The assignment delves into the relevant legislative framework, including the Magistrates Court Act 1989 (Vic), and explores the law of negligence, the Sale of Land Act 1962, and the Competition and Consumer Act 2010 (Cth). Furthermore, it involves preparing documents for service and providing information on mediation and arbitration as alternative dispute resolution methods. The solution showcases the application of legal principles and practical skills essential for legal practice, including the preparation of pleadings, particulars, and client correspondence.

QUEENSLAND TITLES REGISTRY
After all parties have signed the Form – Please detach this Notice
VERY IMPORTANT: Please read this before signing the form
Before signing the form you must show the witness adequate documentation so
they can verify your identity and your entitlement to sign
Unless you provide adequate documentation the witness may decline to proceed
Note: this notice is not part of the form and must not be lodged in the Titles Registry
Important information – witnessing signatures on titles registry forms
• Only particular persons (Schedule 1 – Land Title Act 1994) are able to witness the signature of an
individual on a titles registry form and they are required by law to take reasonable steps to verify the
individual’s identity and ensure they are the person entitled to sign the form.
• You must provide your witness with sufficient documentation for them to verify your identity (e.g. shows your
photo and signature) and your entitlement to sign the form (e.g. shows your name and the property details).
• It is recommended that you present as many relevant documents as possible to the witness to assist them in
complying with their legal obligations.
• For further guidance, including for witnessing outside Australia, refer to Part 61 of the Land Title Practice
Manual, available online at www.qld.gov.au/titles.
1. Verification of identity documents
The Verification of Identity Standard in ¶[61-2700] of the Land Title Practice Manual requires a witness to sight a
specified combination of identity documents. An extract showing the first 3 Categories of the Standard is below:
Category Minimum Document Requirements For Persons who are Australian citizens or residents:
1
• Australian Passport or foreign passport or Australian Evidence of Immigration Status ImmiCard or
Australian Migration Status ImmiCard
• plus Australian drivers licence or Photo Card*(a Photo Card is a card issued by the Commonwealth or any
State or Territory Government showing a photograph of the holder and enabling the holder to evidence their
age and/or their identity)
• plus change of name or marriage certificate if necessary
2
• Australian Passport or foreign passport or Australian Evidence of Immigration Status ImmiCard or
Australian Migration Status ImmiCard
• plus full birth certificate or citizenship certificate or descent certificate
• plus Medicare or Centrelink or Department of Veterans’ Affairs card
• plus change of name or marriage certificate if necessary
3
• Australian drivers licence or Photo Card*(see Photo Card definition in Category 1 above*)
• plus full birth certificate or citizenship certificate or descent certificate
• plus Medicare or Centrelink or Department of Veterans’ Affairs card
• plus change of name or marriage certificate if necessary
2. Documentation to confirm you are entitled to sign the form/s
If you are selling property or are only refinancing If you are buying property and/or financing the purchase
• a current local government rates notice; or
• a current title search statement; or
• a current land tax assessment notice.
• a copy of the contract of sale; or
• official loan documentation from your lender; or
• a letter from a solicitor confirming you are entitled to
sign the form.
Unless you show your witness adequate documentation they may decline to proceed

TRANSFER FORM 1 Version 5QUEENSLAND TITLES REGISTRY
Land Title Act 1994, Land Act 1994 and Water Act 2000 Duty Imprint Page 1 of ___
Dealing Number
OFFICE USE ONLY
Privacy Statement
Collection of information from this form is authorised by legislation and is
used to maintain publicly searchable records. For more information see
the Department’s website.
Print one-sided only
1. Interest being transferred (if shares show as a fraction) Lodger (Name, address, E-mail & phone number) Lodger
Code
Note: A Form 24 - Property Information (Transfer) must be attached to this Form
where interest being transferred is "fee simple" (Land Title Act 1994), "State
leasehold" (Land Act 1994) or “Water Allocation” (Water Act 2000)
2. Lot on Plan Description Title Reference
3. Transferor
4. Consideration
5. Transferee Given names Surname/Company name and number (include tenancy if more than one)
6. Transfer/Execution The Transferor transfers to the Transferee the estate and interest described in item 1 for the
consideration and in the case of monetary consideration acknowledges receipt thereof. The Transferor declares that the information
contained in items 3 to 6 on the attached Form 24 is true and correct. The Transferee states the information contained in items 1, 2, 4
to 6(h) on the attached Form 24 is true and correct. Where a solicitor signs on behalf of the Transferee the information in items 1, 2, 4
to 6(h) on the Form 24 is based on information supplied by the Transferee.
NOTE: Witnessing officer must be aware of their obligations under section 162 of the Land Title Act 1994.
Separate executions are required for each transferor and transferee. Signatories are to provide to the witness,
evidence that they are the person entitled to sign the instrument (including proof of identity).
..............................................................................
....................................................................................................
Witnessing Officer (signature, full name & qualification)
..............................................................................
....................................................................................................
Witnessing Officer (signature, full name & qualification)
..............................................................................
....................................................................................................
Witnessing Officer (signature, full name & qualification)
..............................................................................
....................................................................................................
Witnessing Officer (signature, full name & qualification)
(Witnessing officer must be in accordance with Schedule 1
of the Land Title Act 1994 eg Legal Practitioner, JP, C Dec)
/ /
Execution Date
/ /
Execution Date
/ /
Execution Date
/ /
Execution Date
...................................................................
Transferor's Signature
...................................................................
Transferor's Signature
...................................................................
*Transferee's or Solicitor’s Signature
...................................................................
*Transferee's or Solicitor’s Signature
*Note: A Solicitor is required to print full name if signing on behalf
of the Transferee and no witness is required in this instance
1
Fee Simple
Lot 345 on Survey Plan No. 78951 Vol.10685;
Folio 933
Margaret Joyce Jones & Paul James Jones
26 Jane Avenue, Southport QLD 4215
$400,000.00
Natalie
Benjamin
Mary Brown
Ray Brown
09 08 2019
09 08 2019
09 08 2019
09 08 2019