[HD: 95+] Litigation Exam Notes

Description

**Note: the sample contains a random selection of pages, the actual notes contain a lot more detail in each section** This is the summary I used in the final exam to get a 95+ HD in the course. The summary contains my understanding of the material in the course, including side notes to help you get that HD! I wrote it to be logically structured to assist in solving examination problems. I have also researched relevant provisions ( rules and legislation) and included quotes from them so you can directly cite primary material in your answers. Page numbers and table of contents included for easy navigation. Covers: Starting Proceedings Normative Principles Guiding Civil Litigation Alternative Dispute Resolution ADR Privilege Types of ADR Prospects & Costs Advice Preliminary Discovery Unknown Defendant Defendant is Likely to Destroy Evidence Parties Problem Solving Consolidating Actions Separating Causes of Action and Parties Model Litigant Guidelines Jurisdiction Subject Matter Jurisdiction State and Territory Supreme Courts Federal Court Territorial Jurisdiction Cross-Vesting Transferring Proceedings Legislation Common Law Representative Proceedings Class Actions Generally The General Approach Opt-In: ACT Provisions Opt-Out: FCA (Our Focus) Starting the Proceeding The Jurisdictional Step The Discretionary Step Opting Out Settlement Res Judicata Finality Estoppels Service Time Limits Proving Service Service within the ACT Natural People: Personal Service Corporations Children and People with a Disability Partnerships and Consensual Service/Estoppel Business Names Government Service outside the ACT but within Australia Natural People Government Corporations Service Outside Australia Corporations Substituted Service Limitation Periods Originating Processes Stop the Clock What is the Limitation Period? When does the Period Start? Was the Limitation Period Postponed? Was the limitation period suspended? Can the Limitation Period be Extended? Commencing Proceedings Ethical Obligations Defending Proceedings Notice of Intention to Respond Information Gaps in the Statement of Claim Striking Out Cases and Parts of Pleadings Challenging Pleadings Security for Costs Pleadings The Rules of Pleadings Subsidiary Rules of Pleading Statements of Claim Particulars Defences Set-Off Counterclaims Reply Third Party Proceedings Mistakes and Amendments Leave from the Court When Must Leave be Granted? When May Leave be Granted? When May the Court Grant Leave after the Limitation Period has Expired? Consequences of Amendment Urgent Applications Mareva Orders Freezing Orders Under CPRs Injunctions Interlocutory Injunctions Disclosure Contesting Disclosure Privilege Contesting Privilege Privilege Checklist Ending Proceedings Early Discontinuance — Settlement Default Judgement Default by the Plaintiff Summary Judgement Abuse of Process Vexatious litigants Exam issue spotting Costs Cost Orders: Party and Party Basis Cost Orders: Solicitor and Client Basis Cost Orders: Indemnity When Costs do not follow the Event Complicated Cases Special Cases Costs Against Non-Parties Offers of Settlement Calderbank Offers Offer of Compromise Trial, Judgment, Appeal and Enforcement Trial Judgement Adverse Decisions Enforcement This summary should supplement your own readings and research.