Practice and Procedure quick test

Question 1

List the 9 cases in P&P and what rule or common law test relates to that case

Answer 1

Vaughan v Bonjiorno (Common law test Patterson v BTR)
Tyler v Custom Credit (389 delay in prosecution)
Cape York Airlines v QBE Insurance (denials and non admissions 166(4))
Shaw v DCoT; Rablin v DCoT (summary judgment 292)
Wilsons Ceramics Pty Ltd v Pantaenius (preservation of property 250)
GE Automotive v Laverty (preservation of property 250)
Evans Deakin v Orekinetics (preservation of property 250)
AON v ANU (philosophy r 5)
Spencer v The Cth (summary judgment s 31A)

Question 2

philosophy

Answer 2

A

Question 3

starting proceedings

Answer 3

A

Question 4

rules of pleadings

Answer 4

A

Question 5

striking out pleadings

Answer 5

A

Question 6

disclosure

Answer 6

A

Question 7

non party disclosure

Answer 7

A

Question 8

default by plaintiff

Answer 8

A

Question 9

summary judgment

Answer 9

A

Question 10

directions

Answer 10

A

Question 11

effect of failure to comply with rules

Answer 11

A

Question 12

amendment

Answer 12

A

Question 13

continuation of proceedings after delay

Answer 13

A

Question 14

way evidence given

Answer 14

A

Question 15

expert evidence

Answer 15

A

Question 16

affidavits

Answer 16

A

Question 17

starting proceedings in the federal court

Answer 17

A

Question 18

pleading in the federal court

Answer 18

A

Question 19

interlocutory applications in the federal court

Answer 19

A

Question 20

ending proceedings early in the federal court

Answer 20

A

Question 21

evidence in the federal court

Answer 21

A

Question 22

summary judgment in the federal court

Answer 22

31A

Question 23

jurisdiction of the federal court

Answer 23

19
jurisdiction us vested by laws of parliament
appeals from tribunals, authorities or decisions of persons other than courts

Question 24

how is the jurisdiction of the federal court exercised?

Answer 24

under s 20

Question 25

how is a declaration sought in the federal court

Answer 25

under s 21

Question 26

Where can I find the federal court’s power to make interlocutory orders

Answer 26

under s 23

Question 27

overarching purpose in the federal court

Answer 27

under s 37M

Question 28

parties duty to act in accordance with the overarching purpose in the federal court

Answer 28

under s 37N

Question 29

federal court’s power to give directions about practice and procedure

Answer 29

under s 37P

Question 30

default judgment in the federal court

Answer 30

under s 20A