So this issue arises in a number of different fora

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so this issue arises in a number of different fora, something that you set out for yourself. issue of cross-vesting between participating crts, fed crt, fam crt and state nad tetrriotyr supreme corts. after the cross-vesting regime, wakim iblew hole. that is extent to which the fed crt/fam crt can exercise state jrdn, and they can’t. so can’t determine pure tort claim. but can still exercise accrued jrdn. ctnlly permissible because you have single justiciable controversy that is condiered to be the one matter. sharing of jrdn between participating crts and mechanism for transfer. but only between participating crts. cepa – enables service of proceedings effected in Australia allowing service to be served anywhere. but then s20 of cepa that deals with stays of proceedings and transfers to the appropriate court and the factors are pretty much the same as… county crt equivalent is the disctrict crt in nsw – can seek under s20 of cepa for the county crt of vic to stay proceedings so they can be issued in appropriate crt discussion re other test
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spilliana – more appropriate forum test. does not rep aus law – introspective law – look at own appropriateness. but in this hol test, lord goff applied these factors in order to determin if there are a more approprpaite forum and thos connecting factors are the same that a aus crt will look at to detemrin if its own proceedings are vexations or inappropriate also same factors that a aus crt will look at in determining interests of justice for purposes of transferring cross vesting of legn same factors that will be applied under s20 of cepa wrt staying proceedings overlapping enquiry different jrdn question six dispute that will involve findings of fact and law and it should be commenced by writ under 4ule 4.04. need pleadings here dispute as fact of law not case of originaiting motion so need a writ nthat writ needs an indossement. that indorsement should be either a statement of calim or a general endorsement. how the issue of proceedings be brought to attention/ service foundation service establishs jrdn over d so needs to be served on d and being originating process it needs to be served personally rule 6.03 leave a copy with d and if they don’t accept leave it down in their presence and explain nature of doc ( case ) question seven tort claim damges money claim in form of debt anyway the d can make a claim on that debt? set off rule 13.14 allows for set off whereby a d can rely on a money claim. this si perfect only 70k, Rodney wants more – otherwise why not issuing in magi court? so must be fairly substantive claim. so restauarant can reduce laibility by reducing r assessment by set off. it could also theoretically under rule 10 counter claim against rodeyn question eight joinder by defendant theoretically can think of all poss options theoretically the d cld add them as a d by counterclaim if they have basis forcounterclaim under rule 10.03, if a d is joining a party by counterclaim – need double barrelled heading can join someone to counterclaim if in circumstances you were to bring plaintiff in accordance with s09.02 your claim against the p needs to be connected with your claim against the new
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