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Revision Basic Structure Notes

Law Notes > Civil Procedure Notes

This is an extract of our Revision Basic Structure document, which we sell as part of our Civil Procedure Notes collection written by the top tier of University Of Sydney students.

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Pre-commencement Consideration: Preliminary Discovery: Uniform Civil Procedure Rules (NSW) 2005

* Identity discovery: discovery to ascertain prospective defendant's identity or whereabout: r 5.2

* Information discovery: discovery document from prospective defendant: r 5.3

* Discovery documents from a third party to the proceeding: r 5.4 Consider:
Privilege: r 5.7
Cost: r 5.8, --> including security for cost: r 5.6 Limitation Period: Limitation Act 1969

* Contract: 6 years: s 4(1)(a)

* Tort: 6 years: s 4(1)(b)

* Defamation: 1 year s 14B

* Personal Injury: s 50C

* 3 years post discoverability limitation period

* 12 year long-stop limitation period Consider:
Minor: run from when the minor grows up to 25: s 50E
Disability: limitation period may suspend: s 50F Preservation Orders:

* Prerequisite: Interim preservation order may be made at any stage of proceedings: r 25.9

* Freezing Order (Mareva Injunctions)

* For the purpose of preventing the frustration or abuse of the court's process: r 25.11

* The respondent need not be a party to the proceedings: r 25.13

* Court may make order for costs incurred by the freezing order: r 25.17

* Search Order (Anton Piller Orders)

* For the purpose of securing or preserving evidence: r 25.19

* Requirements for search order: r 25.20

* Independent solicitor must be appointed to supervise the execution of the search order: r 25.23

* Court may make order for costs: r 25.24 Jurisdiction

* Local Court: maximum: $100,000; exceptions: personal injury $ 60,000 -->s 29 LCA 2007

* District Court: maximum: $750,000; unlimited in some areas --> s 44 DCA 1973

* Supreme Court:

* All jurisdiction which may necessary for the administration of justice in NSW. s 23 SCA 1970 Commencing an Action: Uniform Civil Procedure Rules (NSW) 2005 How proceeding begins: r 6.2

* Statement of Claim or Summon

* Originating process must be served on each defendant

* Limitation Period: SC & LC: 6 months DC: 1 month Service Generally

* Documents must be served on each other active party as soon as practicable: r 10.1

* Various service method: r 10.5

* The acceptance of the solicitor is effective in law: r 10.13

* Substituted service: r 10.14

* Service must be clearly evidenced by affidavit: r 35.8 Service on Originating Process

* Originating process must be personally served: r 10.20

* When personal service effective: r 10.21 1

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