Quick Test

Question 1

s 281 CPA

Answer 1

Mandates electronic recording defendant statements during official questioning

Question 2

circumstances to award costs on indemnity during proceedings

Answer 2

UCPR 42.8 and 42.9

Question 3

Return brief without sufficient notice

Answer 3

53.5 DCA

Non payment not grounds

Leave is required

Court will give leave if reason provided are ethical reasons without explanation

Question 4

Hearsay rule does not apply

Answer 4

Admissions

Opinions

Interlocutory

BUT MUST KNOW SOURCE

Question 5

Practice after insolvency

Answer 5

Murphy:

Indebtedness that led to the bankruptcy was brough about or associated with dishonesty

Incompetant management of personal affairs > without intention to avoid lawful obligations does not justify not ‘fit and proper’

Question 6

Regular or simple scanrio

Answer 6

FEDERAL COURT - GPN - COSTS

Regular - lengthy or complex cases - situations with indemntiy costs, consolidated costs or offers of compromise

Timing - within 6 weeks of determination of costs

Simple - short straight forward cases

Timing - during closing submissions or as soon as possible.

Question 7

Joinders

Answer 7

UCPR under r 14.26 / 14.27

Issue: both parties have presented their arguments, and there’s no further need for discussion or negotiation on those specific points.

Parties: joining a party to proceedings

Joinder of issue may be express or implied.

Express operates as a denial to every allegation not expressly admitted.

Implied joinder occurs when there is no reply or answer to a subsequent pleading, and it also operates as a denial.

If the responding party doesn’t explicitly admit to the damage undertsood they are disputing or challenging those claims

No joinder of issue is allowed on a statement of claim.