The P&P exam
I woke up early this morning, got ready and took a bus to Chinksford Macca's where I grabbed some breakfast and then walked to the uni library. I studied from about 7:30am to 8:30am, then caught the bus out to the city. I arrived at the exam hall about 10 minutes early, but a lot of people were already seated which made me feel late.
This time, there was no camaraderie to go around, no familiar faces around me, except Taryn who came over to say hello from the back. I spotted Albert on the far side of the room.
Last time I made the mistake of throwing everything out of my head after the exam. This time, I thought I'd try to set out the exam as best I can remember, just in case I have a need for it in the future. Ok, so there were four booklets, each containing three short questions (5 marks each) and one long question (10 marks each). So, 12 short questions (60 marks) and four long questions (40 marks). Here we go...
Book 1
Question 1 (5 marks)
i) What is meant by 'a reasonable time' in which a party has to produce documents pursuant to a notice to produce?
ii) How might a party object to a notice to produce if they are of the view that it is seeking privileged documents?
iii) What is meant by the phrase "in the party's possession"?
Question 2 (5 marks)
i) At what stage of the proceedings in the District Court may a court refer a matter to a referee?
ii) Outline the procedure of a matter before a referee.
Question 3 (5 marks)
i) What is the first procedural step a party must take in order to adduce expert evidence?
ii) What happens if this first procedural step is not complied with?
iii) What must a party do in order to have an expert attend for cross-examination?
Question 4 (10 marks)
Your client Tinkerbell Pty Ltd purchased the business Ramraiders Pty Ltd in June 2013. A few months after that, Tinkerbell noticed that some of Ramraiders' previous clients had mistakenly made periodic payments into Ramraiders' bank account, instead of Tinkerbell's.
Tinkerbell has asked Ramraiders for $850,000 as an estimation of monies sent wrongly into their account. Ramraiders have refused, saying they are still owed money from the sale of their business.
In November 2013, Tinkerbell commenced proceedings and have had $850,000 of Ramraiders' money placed into a trust account pending resolution of the matter. In December 2013, Ramraiders filed a notice of motion seeking the release of $220,000 of this money as they say not all of it is from payment from clients. This application was dismissed.
In February 2014 Ramraiders changed lawyers. They have now filed a notice of motion seeking the same thing, although they have additionally produced financial statements prior to November 2013 and affidavits from the directors which do not address anything after December 2013. This notice of motion was served on you on 23 June, and it is listed with a return date of 25 June.
i) List the UCPR breaches of Ramraiders.
ii) What should Tinkerbell do when the matter comes to court?
iii) Any other relevant matters.
Note: This question was in the last exam which I royally fucked up. It was during this exam that I realised, "wait a minute, this relates to motions in Part 18. Now I know why they listed Motions as one of my failed areas in the previous exam! All the answers are right HERE!" [looking at Part 18]
Book 2
Question 5 (5 marks)
What are the principles of a plaintiff obtaining summary judgment?
Question 6 (5 marks)
In what circumstances can the Supreme Court cross vest its powers for the exercise of the Federal Court?
Question 7 (5 marks)
Outline the substantive and procedural requirements of affidavits in the Federal Court.
And there, in those last two questions, were two of my least favourite and under-prepared areas. Great. Thanks.
Question 8 (10 marks)
i) Your client, a public authority, has given you instructions to draft a CAN. Outline to the person the requirements as to the drafting and filing and service of the CAN.
ii) You act for a client in summary proceedings who has been charged with common assault. After a plea of not guilty, brief service orders were made, and a partial brief was served. Everything except the complainant's statement (the crucial evidence) has been served. On the day of the hearing, the prosecutor serves you the statement. As the prosecutor, what applications would you make?
If your client wants to finalise the matter today, what would you argue? Assuming you were successful, how would the proceedings be finalised?
Book 3
Question 9 (5 marks)
How might the answers to an interrogatory be used?
Question 10 (5 marks)
What objections can be made in setting aside a subpoena?
Question 11 (5 marks)
In what circumstances might indemnity costs be ordered?
Question 12 (10 marks)
Your client is a video game developer who has recently produced a very popular game, with sales going through the roof. However, due to the popularity of it, your client has noticed some pirated copies being made and sold. After months of investigation, your client has discovered that John Smith and Glen Brook who are responsible for the unauthorised copies.
Your client is worried that if John and Glen become aware of any proceedings that they may destroy all evidence of the pirated games. Advise your client as to what steps can be taken and in what court proceedings should be commenced.
Book 4
Question 13 (5 marks)
List six examples of when leave is required to appeal from the Supreme Court.
Question 14 (5 marks)
When does a defendant waive the objection to the service of a statement of claim?
Question 15 (5 marks)
List six circumstances in which a statement of claim must be filed to commence proceedings?
Question 16 (10 marks)
It is 6pm on a Friday and you are about to go to drinks with your colleagues, when you get an urgent call from your solicitor. He tells you that he has a client with an urgent request. Upon meeting, the client tells you that he is the owner of a rural restaurant, and that this morning, he noticed a foul odour coming from the barn next door.
Throughout the day the odour got worse, and he eventually found out it was due to the barn receiving a truckload of dead poultry. The owner of the barn says he can't do anything about it until Monday. However, your client says there are two weddings and a breakfast booked for the weekend.
Advise your client as to what to do.
I spent the last ten minutes going through the paper and fixing up some last minute stuff, then the last minute doing a mental calculation of my marks. I think I'd be lucky to get 80 :(
After the exam, Albert, Taryn and I had a talk about it outside, then Albert and I went to lunch. I took him to the cafeteria that Victoria took me to once. We talked about the exam, but after that was exhausted, I decided to ask him if he was working. He said he was, but seemed extremely vague about it. He said he had a case in court tomorrow, and sounded like he didn't know what to do. I tried to tell him what he should do, but based on how vague he was, it was hard to help. I was very very mindful not to mention Victoria.
After that we parted, I bumped into Libby in the streets, we had a chat about my exam, and then I caught a bus home. I then drove to Bondi Zara to buy the light blue jumper I had wanted since last week. Yay.
This time, there was no camaraderie to go around, no familiar faces around me, except Taryn who came over to say hello from the back. I spotted Albert on the far side of the room.
Last time I made the mistake of throwing everything out of my head after the exam. This time, I thought I'd try to set out the exam as best I can remember, just in case I have a need for it in the future. Ok, so there were four booklets, each containing three short questions (5 marks each) and one long question (10 marks each). So, 12 short questions (60 marks) and four long questions (40 marks). Here we go...
Book 1
Question 1 (5 marks)
i) What is meant by 'a reasonable time' in which a party has to produce documents pursuant to a notice to produce?
ii) How might a party object to a notice to produce if they are of the view that it is seeking privileged documents?
iii) What is meant by the phrase "in the party's possession"?
Question 2 (5 marks)
i) At what stage of the proceedings in the District Court may a court refer a matter to a referee?
ii) Outline the procedure of a matter before a referee.
Question 3 (5 marks)
i) What is the first procedural step a party must take in order to adduce expert evidence?
ii) What happens if this first procedural step is not complied with?
iii) What must a party do in order to have an expert attend for cross-examination?
Question 4 (10 marks)
Your client Tinkerbell Pty Ltd purchased the business Ramraiders Pty Ltd in June 2013. A few months after that, Tinkerbell noticed that some of Ramraiders' previous clients had mistakenly made periodic payments into Ramraiders' bank account, instead of Tinkerbell's.
Tinkerbell has asked Ramraiders for $850,000 as an estimation of monies sent wrongly into their account. Ramraiders have refused, saying they are still owed money from the sale of their business.
In November 2013, Tinkerbell commenced proceedings and have had $850,000 of Ramraiders' money placed into a trust account pending resolution of the matter. In December 2013, Ramraiders filed a notice of motion seeking the release of $220,000 of this money as they say not all of it is from payment from clients. This application was dismissed.
In February 2014 Ramraiders changed lawyers. They have now filed a notice of motion seeking the same thing, although they have additionally produced financial statements prior to November 2013 and affidavits from the directors which do not address anything after December 2013. This notice of motion was served on you on 23 June, and it is listed with a return date of 25 June.
i) List the UCPR breaches of Ramraiders.
ii) What should Tinkerbell do when the matter comes to court?
iii) Any other relevant matters.
Note: This question was in the last exam which I royally fucked up. It was during this exam that I realised, "wait a minute, this relates to motions in Part 18. Now I know why they listed Motions as one of my failed areas in the previous exam! All the answers are right HERE!" [looking at Part 18]
Book 2
Question 5 (5 marks)
What are the principles of a plaintiff obtaining summary judgment?
Question 6 (5 marks)
In what circumstances can the Supreme Court cross vest its powers for the exercise of the Federal Court?
Question 7 (5 marks)
Outline the substantive and procedural requirements of affidavits in the Federal Court.
And there, in those last two questions, were two of my least favourite and under-prepared areas. Great. Thanks.
Question 8 (10 marks)
i) Your client, a public authority, has given you instructions to draft a CAN. Outline to the person the requirements as to the drafting and filing and service of the CAN.
ii) You act for a client in summary proceedings who has been charged with common assault. After a plea of not guilty, brief service orders were made, and a partial brief was served. Everything except the complainant's statement (the crucial evidence) has been served. On the day of the hearing, the prosecutor serves you the statement. As the prosecutor, what applications would you make?
If your client wants to finalise the matter today, what would you argue? Assuming you were successful, how would the proceedings be finalised?
Book 3
Question 9 (5 marks)
How might the answers to an interrogatory be used?
Question 10 (5 marks)
What objections can be made in setting aside a subpoena?
Question 11 (5 marks)
In what circumstances might indemnity costs be ordered?
Question 12 (10 marks)
Your client is a video game developer who has recently produced a very popular game, with sales going through the roof. However, due to the popularity of it, your client has noticed some pirated copies being made and sold. After months of investigation, your client has discovered that John Smith and Glen Brook who are responsible for the unauthorised copies.
Your client is worried that if John and Glen become aware of any proceedings that they may destroy all evidence of the pirated games. Advise your client as to what steps can be taken and in what court proceedings should be commenced.
Book 4
Question 13 (5 marks)
List six examples of when leave is required to appeal from the Supreme Court.
Question 14 (5 marks)
When does a defendant waive the objection to the service of a statement of claim?
Question 15 (5 marks)
List six circumstances in which a statement of claim must be filed to commence proceedings?
Question 16 (10 marks)
It is 6pm on a Friday and you are about to go to drinks with your colleagues, when you get an urgent call from your solicitor. He tells you that he has a client with an urgent request. Upon meeting, the client tells you that he is the owner of a rural restaurant, and that this morning, he noticed a foul odour coming from the barn next door.
Throughout the day the odour got worse, and he eventually found out it was due to the barn receiving a truckload of dead poultry. The owner of the barn says he can't do anything about it until Monday. However, your client says there are two weddings and a breakfast booked for the weekend.
Advise your client as to what to do.
I spent the last ten minutes going through the paper and fixing up some last minute stuff, then the last minute doing a mental calculation of my marks. I think I'd be lucky to get 80 :(
After the exam, Albert, Taryn and I had a talk about it outside, then Albert and I went to lunch. I took him to the cafeteria that Victoria took me to once. We talked about the exam, but after that was exhausted, I decided to ask him if he was working. He said he was, but seemed extremely vague about it. He said he had a case in court tomorrow, and sounded like he didn't know what to do. I tried to tell him what he should do, but based on how vague he was, it was hard to help. I was very very mindful not to mention Victoria.
After that we parted, I bumped into Libby in the streets, we had a chat about my exam, and then I caught a bus home. I then drove to Bondi Zara to buy the light blue jumper I had wanted since last week. Yay.
posted by toey | 17:16
0 Comments:
Post a Comment
<< Home