| Student Name | Student Number | ||
| Unit Code/s & Name/s | CJSDCP402 – Identify and prepare documentation for court proceedings | ||
| Assessment Type | ☐ Case Study ☒ Assignment ☐ Project ☐ Other (specify) | ||
| Assessment Name | Prepare documents for civil proceedings | Assessment Task No. | 1 (of 2) |
| Assessment Due Date | Date submitted | ||
| Assessor Name | |||
| Student Declaration: I declare that this assessment is my own work. Any ideas and comments made by other people have been acknowledged as references. I understand that if this statement is found to be false, it will be regarded as misconduct and will be subject to disciplinary action as outlined in the TAFE Queensland Student Rules. I understand that by emailing or submitting this assessment electronically, I agree to this Declaration in lieu of a written signature. | |||
| Student Signature | Date | ||
| PRIVACY DISCLAIMER: TAFE Queensland is collecting your personal information for assessment purposes. The information will only be accessed by authorised employees of TAFE Queensland. Some of this information may be given to the Australian Skills Quality Authority (ASQA) or its successor and/or TAFE Queensland for audit and/or reporting purposes. Your information will not be given to any other person or agency unless you have given us written permission or we are required by law. |
| Instructions to Student | General Instructions: This assessment provides you with the opportunity to demonstrate that you can prepare documents to commence court proceedings for a civil matter, prepare documents to defend and/or counterclaim civil proceedings, and prepare documents to finalise civil court proceedings. Resources relating to this assessment are located on Connect. This Assessment is to be submitted after you have completed the Civil Documentation content in your leaning resource. There are two (2) parts to be completed for this assessment. Both parts must be completed according to marking requirements for a satisfactorily result. Both parts require students to read and respond to a scenario by completing the short-answer questions as well as locate and complete relevant court documents. Part A includes a scenario that relates to a personal injury claim against your client Mr Benjamin Button. Part B includes a scenario that relates to a defamation action where the plaintiff is your client Mr Darryl Duffy. All court documents required for this assessment can be found on the Queensland Courts website under ‘Forms’. When you have located the relevant form, you must save a copy to your computer. When completing the forms ensure you include all relevant names, dates and times, and relevant particulars/legislation for each document, and sign (if applicable). In order to provide complete answers to the questions, you will need to refer to the following resources: CONNECT materials for CJSDCP402 Prepare documentation for court proceedings (Civil Documentation: Section 2) Office of the Queensland Parliamentary Council (OQPC): www.legislation.qld.gov.au/OQPChome.htm Queensland Courts website: www.courts.qld.gov.au. Legal aid Queensland: www.legalaid.qld.gov.au/Pages/Home.aspx QPILCH: www.qpilch.org.au/ To complete this assessment you must access the Uniform Civil Procedure Rules 1999 (Qld) (UCPR). To access the UCPR go to the OQPC website select ‘Acts, SL as in force’ and ‘S’, and then scroll down to ‘Supreme Court of Queensland Act 1991’. The UCPR are listed beneath that. It is not necessary to print the whole document, however you may wish to save a copy to your computer for future reference. Assessment criteria/benchmarks The evidence submitted demonstrates that the student satisfactorily: Provided detailed explanations of the purpose of a Claim and Statement of Claim – and information they should contain. 2Accessed and used the Uniform Civil Procedure Rules 1999 (Qld) (UCPR). Identified if the matter was a civil or criminal court proceedings, and documents required. Researched, accessed and completed documents for the commencement, defence and finalisation of court proceedings. Provided detailed explanations of the purpose of a Notice of Intention to Defend and Defence of the Defendant, located and completed the two documents. Located, completed and explained the use and rules regarding Form 59 and Form 59A. Explained the use of the four Enforcement Warrant Forms. Identified the importance of applying privacy principles and maintaining confidentiality with all personal information and documents. Understands and enforces the Australian Solicitors Conduct Rules. Completed four civil documents for court proceedings. Number of Attempts: You will receive up to two (2) attempts at this assessment task. Should your 1st attempt be unsatisfactory (U), your teacher will provide feedback and discuss the relevant sections/questions with you and will arrange a due date for the submission of your 2nd attempt. If your 2nd submission is unsatisfactory (U), or you fail to submit a 2nd attempt, you will receive an overall unsatisfactory result for this assessment task. Only one reassessment attempt may be granted for each assessment task. For more information, refer to the Student Rules. |
| Submission details | Students are required to add their responses to the Assessment Template located in the Assessment area on Connect. Students must not add their responses to this document and are not required to upload this document. Students are to upload their work in Microsoft Word format in a single file. Students are to upload their work using the following file name convention: FirstNameLastNameSubjectCodeAssessmentNumber Example: JohnSmithCJSDCP402Assessment1 The assessment must be be correctly referenced using the Harvard Referencing style. Due dates for all assessment are listed in the Calendar on Connect. Assessment to be submitted via TAFE Queensland Learning Management System: Connect url: https://connect.tafeqld.edu.au/d2l/login Username; 10 digit student number For Password: Reset password go to https://passwordreset.tafeqld.edu.au/default.aspx You are to complete all short answer questions and make reference to the relevant legislation where required. You must also submit four (4) completed civil documents for court proceedings to be deemed500 competent in this assessment. |
| Instructions for the Assessor | This assessment consists of short answer questions and the submission of four completed court documents for civil proceedings. Students are to answer all questions correctly, and accurately complete all four civil documents to be deemed satisfactory. Ensure students attach the signed front page of this assessment task sheet to their final submission. Assessors are advised to also check Connect for this unit to ensure students have accessed the online material to assist in answering these questions. |
| Note to Student | An overview of all assessment tasks relevant to this unit is located in the Unit Study Guide. |
Part A: The Case of Mr Benjamin Button
| Scenario 1 You are a legal secretary at the firm Law & Co Solicitors. Contact details include: Address – PO Box 55, Windsor, QLD 4030, Phone (07) 3333 1111, Fax (07) 3333 2222). Michael Myers, a solicitor with Law & Co has an appointment with a new client regarding a personal injuries matter. The client’s name is Benjamin Button. You are asked to sit in on the meeting with Mr Myers and Mr Button. Mr Button’s story is as follows: On 9 April 2013, he was waiting for his bus on the busway in South Brisbane, Queensland, when a woman brushed past him as she was running to get the bus. Mr Button tried to avoid her, but he was not able to get out of her way in time. There was a collision. Mr Button has now been served with a Claim and Statement of Claim from the woman, whose name is Michelle Martin. Mr Button hands you the two documents (attached below). Ms Martin states that she fell and broke her arm. She claims that Mr Button was obstructing the path and not paying attention as he was reading a newspaper. She further claims that Mr Button moved in front of her as she ran. Ms Martin also claims that she was shouting for people to get out of her way and that Mr Button would have heard her coming towards him. Mr Button wishes to defend the Claim, and provides Michael with the following information: He was present on the busway at the time and date stated. He was not reading a newspaper. He was stationary on the platform and had proper regard to the people around him, including Ms Martin. He heard Ms Martin shouting. He did not move to obstruct the path of Ms Martin, and tried to move out of her way. Ms Martin ran into Mr Button and fell onto the ground. The extent of Ms Martin’s injuries is not known as no medical reports have been received. Michael hands you the above list and asks you to download the relevant documents from the Queensland Courts website and draft responses to the Claim and Statement of Claim based on the information Mr Button has provided. He tells you that he does not believe the plaintiff’s claim has any merit. He also explains that the Magistrates Court has jurisdiction in the matter, and there seem to be no irregularities with the originating documents. |
Documents supplied by: Ms Michelle Mary Martin
Claim
Statement of Claim
Questions for Scenario 1:
Q1. Ms Martin filed her Claim and Statement of Claim against Mr Button. Provide a detailed explanation of the purpose of a Claim and Statement of Claim, and the information that each of the forms must contain under the UCPR. In your response make reference to specific rules from the UCPR, as well as the appropriate form numbers (approx. 100 words).
Q2. In order to defend the Claim, Mr Button must respond with his Defence. Provide a detailed explanation of the purpose of a Notice of Intention to Defend and Defence of the Defendant, and the information that Mr Button must ensure is contained within each of the forms under the UCPR. In your response make reference to specific rules from the UCPR, as well as the appropriate form numbers (approx. 100 words)
Q3.Based on the scenario above, and the two (2) documents supplied by Ms Martin (Claim and Statement of Claim), locate and complete the Notice of Intention to Defend and Defence of the Defendant on behalf of Mr Button, including Mr Button’s admissions, denials and non-admissions to each and every allegation in the Statement of Claim from Ms Martin.
| Notes to assist: There are three (3) different types of responses you may have to an allegation in the Statement of Claim: ‘The defendant admits the allegations in paragraph 1 of the statement of claim.’ ‘The defendant denies the allegations in paragraph 1 of the statement of claim…’ Where any allegation is uncertain, ie you do not have any evidence of the allegations you can make a non-admission as follows: ‘The defendant does not admit the allegations in paragraph 1 of the statement of claim…’ For both denials and non-admissions you must provide an explanation of why you are denying the allegation/why it cannot be admitted. You must comply with the rules of pleadings for the Defence and in particular, the Notice of Intention to Defend. Your defence must be attached to your notice of intention to defend. Drafting and formatting is very important in the court, and the UCPR requirements must be followed. Refer to your answers in Question 2 above. Ensure you refer to the specific paragraph numbers from the Statement of Claim in your Defence. You need to fill in all relevant details, including parties’ names, court registry, solicitor particulars, and remember to date and sign the form (for the signature in the online form, please type the party/solicitor’s name where applicable). |
Part B: The case of Mr Darryl Duffy
| Scenario 2 Your employer, Law & Co Solicitors, has been acting for Darryl Donald Duffy, the applicant in an ongoing civil dispute with the defendant, Newsco Ltd ACN 111 222 333, a Brisbane newspaper company, regarding a defamatory article regarding Mr Duffy. The Application was filed on 10 January 2013 and a trial is set down for 13 May 2013 in the Brisbane Magistrates Court (File Number BR 99/2013) before Magistrate Jackson, however, neither of you really wants to proceed to trial, given the expense involved. As such, mediation has been arranged for 8 February 2013 at the office of Law & Co. The mediation was a success, and Mr Duffy and Newsco Ltd have finally come to an amicable consensual binding agreement out of court settlement. Newsco Ltd has agreed to pay Mr Duffy $20,000 in damages in full and final settlement of the claim, and in return, he has agreed to discontinue proceedings against Newsco Ltd. Full payment is to occur within 28 days of the mediation. Each party has agreed to pay their own costs. |
Questions for Scenario 2:
Q1. The Registrar of the Court, in which the matter was to be heard, is required to finalise proceedings by way of paperwork, In order to do this the Registrar must complete a Form 59 and a Form 59A. Explain why these two Forms are being used and what the procedure entails. Ensure you mention the corresponding Rules for each document
Q2. Locate and complete a Form 59 and a Form 59A for the above scenario. (Note: No court directions have been provided and you are not required to complete and attach any supporting affidavits/documents).
| Scenario 2 Continued: Four (4) months have passed since the mediation and the Order supplied by the court ordering Newsco pay Mr Duffy as per the mediation outcome. However, you have now been informed by Mr Duffy that Newsco Ltd has still not paid any of the $20,000 owing to him. He wants to know what he can do now to have the debt enforced upon Newsco as he wants to buy a new boat. |
Q3.Explain to Mr Duffy how he may seek to have the debt enforced (as detailed in the Order and owed to him by Newsco) by means of enforcement proceedings. Ensure you explain how and when each can be used and list these form numbers and their respective Rules. (Hint: There are four (4) Enforcement Warrant Forms).
Q4. When creating documents for our client we need to consider the confidentiality and privacy issues of sharing our client’s information. The opposing firm rings you to request your client’s contact details to send a letter direct to them. Should we provide those details, or should we request that the letter be sent to us? Explain what you would do and why?
Q5. An opposing party has registered a Claim and a Statement of Claim against you for personal injury. But the secretary did not fill out an Affidavit form which is used to support the application. Instead she filled out a Statutory Declaration form, which is the wrong form. What can she do to change this?
End of Assessment