Commence within the statutory time limit disclose the

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commence within the statutory time limit disclose the costs of the legal work honor the paramount duty to the court act in the best interests of the client ss 98, 99 of CPA = costs in proceedings
3. Assume you are seeking to recover a debt of $500,000 and you have exhausted all methods of recovery other than litigation, which court would you commence your proceedings in?
4. Imagine the person who owed you the money in question 1 above was living in a different state to you, which court might you commence your proceedings in and why?
5. You discover, in the course of preparing your originating process, that due to legal costs and a lost opportunity to invest in another venture, your loss is really $1,000,000. Does this change the appropriate court for you to commence proceedings in? What rules govern your originating process and what form might you use to commence proceedings? 6. Assume that you decide to commence proceedings in New South Wales and draft the originating process for your claim. Refer to the relevant rules for originating process and pleadings in that jurisdiction to assist you. [NB It is strongly recommended that all students, including those not on call, attempt this drafting exercise prior to the tutorial as drafting different forms of legal documentation is an important part of the final exam.]
7. If the defendant is trying to avoid service of your originating process, how can you continue your proceedings and prove service has been properly executed?
8. Why is personal service generally a requirement of the originating process and is it a fair requirement?
Tute 10 Discussion Questions 1. Identify the most important requirements for pleadings and discuss whether you consider them to be appropriate or requiring reform. should be as brief and simplified as possible
2. Explain why it is so common for parties to seek further and better particulars and consider whether this is an appropriate and efficient procedure.

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