Ready reckoners P&P

Question 1

UCPR philosophy?

Answer 1

The purpose of the rules is to faciliate the just and expeditious resolution of the real issues in civil proceedings at a minimum of expense: r 5(1) UCPR

Question 2

FCR philosophy?

Answer 2

The overarching purpose of the rules is to facilitate the just resolution of disputes according to law and as quickly, inexpensively and efficiently as possible: s37M FCA

Question 3

Define pleadings

Answer 3

A statement of all the material facts parties intend to allege at trial and defining the issues in dispute.

Question 4

Principle of pleadings

Answer 4

Need to plead the material facts, but not the evidence, can include law, but not asserted as material facts, and must be in summary form. If done right, promote s37M FCA and r 5 UCPR.

Question 5

QLD rules re pleadings?

Answer 5

rr145-156, 171 = pleadings
rr157-163 = particulars

r145 UCPR: pleadings necessary when started by claim or if app, ordered by crt.

r146 UCPR: sets out formal requirements.

r149 UCPR: sets out what must be in pleading;

r150 UCPR: matters to specifically plead

r151 UCPR: no need to plead presumed facts, or if burden lies with other pty

r152 UCPR: can plead effect of spoken word

r154 UCPR: plead inconsistent facts in alternative

r155 UCPR: must state nature of damages claimed

r156 UCPR: crt can grant general relief or other than claimed.

r157 UCPR: particulars

r158 UCPR: particulars of damages

r159 UCPR: particularise claim of interest

r160 UCPR: way to give particulars

r161 UCPR: application for order re particulars

r444/447 UCPR: steps to take re seeking better particulars before seeking order under r161 UCPR

r162 UCPR: striking out particulars;

r163 UCPR: failure to give particulars;

r137 UCPR: D filed within 28 days;

r164 UCPR: reply filed within 14 days

r171 UCPR: striking out pleadings

Question 6

FCT rules re pleadings?

Answer 6

rr8.05; 16.01- FCR

r8.05 FCR: OA must be accompanied by SOC or other doc (concise statement).

**r16.01 **FCR: must name person prepared;

r16.02 FCR: sets out requirements of pleading (1), what not to do at (2), and at (4) relief - can only seek what in OA; NB: r16.02(2) list identical to r16.21(1) - grounds for strike out);

r16.03 UCPR: facts to be pleaded;

**r16.04 **FCR: plead effect of spoken word;

**r16.06 **FCR: can plead inconsistent facts if in alternative;

**r16.07 **FCR: must specifically admit, deny or say does not know;

r16.08 FCR: matters must expressly plead;

r16.32 FCR: D filed within 28 days (or seek order change timing under rr1.34/1.35 FCR)

r16.33 FCR: reply filed within 14 days (or seek order change timing under rr1.34/1.35 FCR)

Question 7

SOC?

Answer 7

P alleges all material facts to show a COA

Question 8

Def?

Answer 8

D answers SPECIFICALLY each allegation in SOC by either ADMITTING, DENYING, or NON-ADMISSION.

If admit, fact no longer an issue and evidence cannot be lead in relation to it due to irrelevance.

Question 9

Reply?

Answer 9

P raises facts and matters in ANSWER to D, and respond to positive pleadings (e.g. can include defence to counter-claim).

Question 10

FCT jurisdiction

Answer 10

Original jurisdiction as vested in it by statute: s19 FCA

Single judge v bench determined by: s20 FCA

Question 11

Power of FCT?

can

Answer 11

1. Can make such orders (incl IA) or issue such writs as the court thinks appropriate: s23 FCA/ r1.41 FCR;
2. Can grant equitable or legal relief: s22 FCA
3. May grant summary judgment: s31A FCA/ r26 FCR
4. Can make declarations: s21 FCA
5. Can deal with civil matters on the papers in certain cases: s20A FCA
6. Can deal with practice and procedure to be followed in civil proceedings: s37P FCA

Question 12

MCT Jurisdiction?

Answer 12

1. Monetary limit: $150K (total amount without interest: ss 2, 4A, 4AAA MCA
2. Can exceed monetary limit by consent: s4A MCA

Question 13

MCT Power?

Answer 13

1. Can deal with all personal actions: s4 MCA
2. Can determine all actions in a simmary way: s4 MCA;
3. CANNOT grant injunctions or declarations: s4 MCA
4. Equitable relief limited to recovery of money/delivery of posessions: s4 MCA

Question 14

DCT jurisdiction?

Answer 14

1. Monetary limit up to $750K: s68 DCA
2. All personal actions including equitbly claims, debt, damages or compensation arising under an Act: s68 DCA
3. Various actions in rem, including specific performance and relief against fraud: s 68 DCA

Question 15

SCT jurisdiction?

Answer 15

1. Unlimited jurisdiction in QLD subject to Cth Constitution: s58 QLD Constitution.

Question 16

DCT Power?

Answer 16

1. All power and authorities of SCT up to $750K: s69(1) DCA;
2. Declarations, injunctions (interim or final) and stays: s s69(2) DCA
3. Mareva injunctions and Anton Piller orders: s69(3) DCA

Question 17

SCT Power?

Answer 17

1. necessary to administer justice in QLD: s58 Qld Constitution;
2. may order proceedigns in DCT or MCT to be transferred to SCT: s25 Civil Proceedings Act
3. may order proceedings in SCT for which DCT or MCT has jurisdiction to be transferred: s25 Civil Proceedings Act;
4. If transferred may make orders re costs: s33 Civil Proceedings Act

Question 18

Define property?

Answer 18

Means any l**egal or equitable estate or interest **(whether present or future, vested or contingent, or tanigble or intangible) in **real or personal property of any description **(includes money and things in action): Def, Acts Interpretation Act (Qld)

Question 19

When will a matter be placed on commercial list?

Answer 19

Following OA, or in exceptional circumstances before proceedings started, party can apply to have matter placed on CL. Matter may be placed on CL by a party if the issues are, or are likely to be, of general commercial character, or generally arise out of trade or commerce, including ecommerce.