QUESTION 1 Answer each of the 10 sub-questions arising from this problem situation. Briefly discuss relevant cases and principles in relation to each sub-question Each is worth 2 marks. (1) What is the relevance of the information in the notes? Would you describe the notes as directly relevant? (2) Are the notes discoverable? (3) Are the notes covered by legal professional privilege? BC instructs its solicitors to find a way to preserve the floor of the premises in its current condition, and to arrange for detailed testing of the floor. Three procedures BC’s solicitors could use to achieve their instructions are: • order to inspect and test property • order to preserve property • interim and/or interlocutory injunction 4. (4) Specify the Supreme Court Rules applicable to each of these possible procedural remedies. 5. (5) ) Outline the arguments that BC would use to seek an interim or interlocutory injunction. 6. (6) What do you think the court would decide, and why? . (7) What procedures would you advise DTT to implement? (8) What arguments would you advance to the Court? (9) What arguments would you anticipate BC might advance? (10) What do you think the court would decide, and why? [20 marks] QUESTION 2 Kylie instructs you about these developments and seeks your advice as to how she can go about getting Jaime served with the writ. 1. (1) Advise Kylie of how she may go about obtaining an interlocutory order for substituted service under the NT Supreme Court Rules. Cite relevant cases and principles and indicate what evidence would be needed to obtain an order for substituted service on Jaine: 1. Via his Facebook page; 2. By personal service on Bob Symes. 2. (2) Draft the summons and affidavit/s necessary to obtain these orders for substituted service. Omit formal parts but include the header. [20 marks] Answer ALL of the following 5 sub-questions. Each sub-question carries 4 marks, for a total of 20 marks. 1. (a) Leaving aside interlocutory applications, list all court documents/forms that would be filed in the Court Registry in a typical Supreme Court proceeding in the Northern Territory seeking damages, from commencement of proceedings through to final judgment on liability and damages (but not including enforcement steps). Specify the relevant time limits for filing and/or serving each Form and the applicable Rule. 2. (b) Outline the relevant Rule/s and principles governing claims for discovery before proceedings. 3. (c) Discuss, with examples, the various types and sources of limitations upon jurisdiction (both time and amount) of the various courts dealing with civil litigation under Northern Territory (not federal) law. Outline the principles and cases governing extension of limitation periods in the Northern Territory. 4. (d) Outline and briefly discuss the procedures available to a plaintiff who suspects that a defendant may be about to flee the jurisdiction of the Northern Territory or to hide assets, dispose them or remove them from the jurisdiction. Specify the Court Rule, statutory or other source of each such procedure and any applicable major constraints. You need deal only with the Supreme Court, not the Local or Federal Court. 5. (e) In McCabe v British American Tobacco Australia Services Limited [2002] VSC 73, it emerged that the defendants had managed, during a short period when there were no negligence claims on foot against British American Tobacco (BAT) by smokers who had contracted cancer and other (allegedly) 3
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