This Assessment need to do again would you please read the case and answer again
AB was driving his black Porsche registration No: ‘STUD 1’ along Coronation Drive, Bulla in Newtown when he indicates and turns into the right hand turn lane with the intention of turning right into Banks Street to have a coffee at one of the cafes there. There is a right turn arrow light governing the turn and AB is third in line behind a large delivery truck and another vehicle. After some time, the right turn arrow turns green and the delivery truck moves off slowly with the other car behind the truck and with AB following behind. As the truck turns right the green arrow turns amber and then red with AB still to make his turn. Being impatient, AB runs the red light and drives into the path of an oncoming car driven by CD. CD is unable to stop in time and crashes into AB’s car and where she suffers significant property damage to her 1969 GTO Ferrari to the value of $175,000.00. CD now consults your law firm where you are employed as a paralegal and explains to the solicitor you work for that neither of the vehicles in the accident were insured and that she wishes to sue AB personally for the property damage to her car and she seeks the solicitor’s advice on how to go about it. After taking instructions from the client, the solicitor calls you in and explains the situation to you. He says to you that he wants you to handle the matter by preparing all the pre-trial process to satisfy the client and to get damages (compensation) from AB.
1. What is the final step that must be completed by you before you can commence proceedings against AB and why must this be done prior to lodging a claim/application?
2. The monetary value of the damage to CD’s vehicle places the matter in which court?
3. Nominate and describe the strict time limitations for the filing and serving of all pleadings in your state including claim/application, defence/counterclaim and reply.
4. What rule or rules in your state govern privileged documents and list the types of documents that privilege attaches to?
5. As a paralegal in charge of CD’s matter, what information would you need from her or other third parties in order to prove liability and damage done to the vehicle and would these need to be disclosed to AB or his solicitors?
6. Students are to use the following scenario facts to complete a claim and statement of claim within your own jurisdiction by referring to the example below the skeletal example of the statement of claim in your notes.
7. Create a costs letter to a client where she is retaining your law firm for a contractual matter that is going to court. (Make up the relevant facts to fit the costs letter).
This is the request from the teacher after read the assessment you done:
You have not answered the questions for this assessment. More importantly you need to answer the questions with relevance to the legislation such as the Civil Procedure Rules and Civil Procedure Act, which applies in Queensland
Please resubmit all of the assessment questions again.
The texts you quote in your reference list will not assist you whatsoever.
You need to look at the relevant legislation in the state in which you live.
If you live in QLD, The uniform Civil Procedure Rules 1999 will assist you. The Claim and Statement of Claim needs to be completed. This is a website that can assist you completing a claim, in QLD
Sample 6: Statement of claim – legalaid.qld.gov.au
e Sample 6: Statement of claim MAGISTRATES COURT OF QUEENSLAND REGISTRY: Toowoomba NUMBER: M123456 of 2013 Plaintiff: Jane Wright AND Defendant: George Getz
That answer does not match with the request of the assessment please doing again following the instruction above thank you
All this answers are wrong just I send to see the recommendation from teacher Thank you.
Having a cause of action is the primary requirement before commencing proceedings to pursue a claim. In this particular case, there will need to be a possible violation of the existing Traffic Law before the court can authorize a claim application by the accuser. Australia’s Road Traffic Act 1961 (SA) s 45(1) provides that a claimant is compensated accordingly if the offenders are found to have shown negligence in the reported case (Magistrate’s Court of Western Australia 2015, 2015, p.16). Under the Motor Vehicle Collisions Index in traffic law, damages incurred in an accident where a motorist made a turn in front of an oncoming car are to be compensated by up to a hundred percent by the offender. In addition to this, Australian Traffic Law provides that in a traffic offence where the accused ignored a traffic light, they are to bear all the penalties the court decides.
The case will require that evidence of the losses incurred be presented. CD’s Ferrari’s value will be used in determining the cost incurred relative to the extent of the damage. Proceedings to present such information are the mandate of a civil court (GANS, 2012, p.27). The civil court will undertake the duties of finding documentable evidence for the current value of the particular vehicle, the price that CD bought the car, the duration CD had driven the car and the best option between repairing the car and getting a new one. Upon review of the evidence and facts available, the civil court will either agree or disagree with the compensation value proposed by the claimant.
There is a strict deadline within which an applicant is given the opportunity to file the case and launch claims. A deadline of up to two weeks is provided in most cases during which the claim can be made. The court system provides the deadline so that accusers can lodge cases early enough. A late filing can compromise the case whereby the evidence gets destroyed, or quoted values fluctuate (GANS, 2012,p.54). Similarly, the defendant has a deadline of up to three weeks within which they can make counterclaims in their defense of the accusations. After a review of the claims, the court makes a response after a duration not exceeding three weeks in a majority of cases.
The Road Traffic Act provides the rules upon which the claimant can launch their claims. The document has provisions for court action in particular traffic violation cases. This particular case is found under the traffic offences Act. The claimant further attaches to the Australian Traffic Laws under the Motor Vehicle collisions index. The Road Traffic Act 1961 (SA) s 45(1) clause provides the specific violation under which the claimant seeks compensation (Sa.gov 1961). State Laws governing traffic violation outline a long list of the possible traffic offense, the conditions upon which a claimant can lodge a claim, and potential outcomes of each scenario. Further, the Australian Traffic Laws Act provides the requirements for motorists. Based on information in these documents and comparison with facts from the case, the claimant is able to obtain a justifiable cause before launching claims (Magistrate’s Court of Western Australia 2015, p.16).
There are some questions a client needs to present for the firm to have a foundation to build the case. Before filing the claim, the firm will need evidence of the price at which the claimant purchased the car. Such evidence can be presented by either the payment receipts or consent by a dealer. The case will also require information on the opinion of the accuser concerning the incidences; that is, the client’s security rights that were violated (lsc.sa.gov, 2015). Also, the case will need a third party who witnessed the accident to confirm the sequence of events. The information collected will not be communicated to AB and his solicitors.
Statement of claim
1. Describing the parties; the statement of claims begins with introducing the claimant and the accused.
2. Describing the incident; the accused violated State Traffic Rules and his negligence led to the accident. The actions of the defendant are punishable under Australian Law
3. Presenting arguments; the claimant was not in violation of any traffic laws, but yet he suffered a loss of property. This presents a justifiable cause for the accused to compensate the claimant (GANS, 2012,p.165).
4. Quoting compensation value; the compensation value will be derived based on the cost of CD’s car and the extent of the damage (lsc.sa.gov, 2015).
Costs letter to client
Regarding the case the desire to present to the court in pursuit of compensation for damages incurred, will be required to meet the established costs before the claim can be presented. The charges comprise of both Legal charges and administrative fees. The firm will proceed with retrieving crucial information to support of claims in the case. Also, required to presented actual or approximate values for the following costs; purchasing value of the car, Duration of use, Approximate current cost and expected compensation. The consent will be required for the acceptance of decline of offers proposed by the court.
GANS, J. (2012). Modern criminal law of Australia. Cambridge, Cambridge University Press.
Legal Services Commission. Traffic offences. Available at; http://www.lsc.sa.gov.au/dsh/print/ch13.php
Magistrate’s Court of Western Australia. (Effective from 1st July 2016 ). Court Fees. Retrieved from;http://www.magistratescourt.wa.gov.au/_files/Magistrates_Court_Fees.pdf
Magistrate’s Court of Western Australia. Before You Begin. Retrieved from;http://www.magistratescourt.wa.gov.au/B/before_you_begin.aspx
Motor Vehicle Collisions Index. Retrieved from;http://www.magistratescases.com.au/Legal%20Articles/Motor%20Vehicle%20Collisions .pdf
Road Traffic Act 1961. Retrieved from;https://www.legislation.sa.gov.au/LZ/C/A/ROAD%20TRAFFIC%20ACT%201961/CURRENT/1961.50.UN.PDF
Thampapillai, D., Tan, V., Bozzi, C., & Matthew, A. (2015). Australian commercial law.
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