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Acting for the Defendant

 

Full guide

A. GETTING THE MATTER UNDERWAY

Getting the matter underway

1. File coversheet

2. Instruction sheet-
     Civil matters  
    County and Supreme Court
     Personal injury claim

3.  Fee agreement - civil litigation  

4. Initial letter to client enclosing fee agreement

If required

Jurisdiction
Injunctions

Summons for injunctive relief

Affidavit in support of summons for injunctive relief

Affidavit of service - party on the matter 

The usual undertaking as to damages

Case management
Practice notes
Lists
Applicable legislation, procedures and forms

B. SETTLING IT EARLY

Settling it early
Offers of compromise incl calderbank offers

1. Offer of compromise

   Calderbank offer before commencement of proceedings 

Alternative dispute resolution
Mediation

2. Letter to client dvising on alternative dispute resolution

    Letter to client advising on mediation

3. Letter to other side proposing settlement conference

Example ADR order - referal to mediation

Example mediation position paper - plaintiff
Example mediation position paper - defendant
Terms of settlement
Deed of release after letter of demand
Deed of release - aettlement of proceeding

Consent orders

Library of consent orders

Court approval of settlements
Guardianship and administration Act 1986 appointments

C. GOING TO COURT

Notice of appearance
Submitting appearance

1.  Notice of appearance 

    Notice of change of solicitor

Objection to the jurisdiction of the court

2. Summons

3.  Affidavit in support

Parties

4.  Consent to act as litigation guardian

    Affidavit of consent to be joined as a olaintiff

Defending the claim
Case Management in defending the claim

If required

Discontinuance, dismissal and withdrawal

Notice of discontinuance

Summons

Affidavit in support

Limitation periods
Requests for further and better particulars

5. Request for further and better particulars

Interest
Pleadings and particulars

If required

Striking out of pleadings

  Letter to plaintiff foreshadowing striking out statement of claim

  Summons - to strike out statement of claim

  Affidavit in support - summons to strike out

  Writ - amended statement of claim

Amendment
Default judgement
Setting aside default judgment

  Summons - Set aside entry of default judgement

  Affidavit in support - summons to set aside default judgement

 Defence, counterclaims, contribution and indemnity

6. Notice of defence 
    Example defence

7. Example counterclaim

8. Letter serving counterclaim

Reply

9. Summons

If required

Security for costs

Letter to plaintiff or cross-claimant in relation to provision of security for costs

Skeleton bill of costs

Notice to produce - on security for costs application

Summons - security for costs

Affidavit in support - summons security for costs

Interlocutory steps in the proceedings

Interlocutory or interlocutory and final judgment for damages or value in default

Interlocutory or interlocutory and final judgment for detention of goods in default

Summary dismissal
Summary judgment

10. Summons - summary dismissal

     Summons - summary judgement

11. Affidavit in support - summary dismissal

      Affidavit in support - summary judgement 

If required

Continuation of proceedings following partial judgment
Stay of judgment pending determination of cross claim
Separate decision of questions

Summons - Separate determination

Affidavit in support

Consolidation

Summons - consolidation of proceedings

Affidavit in support

Interrogatories

12. Summons

13. Answers to interrogatories

Discovery

14. Notice for discovery 

15. Letter to other side with categories of documents for discovery

16. Affidavit of documents

 

17. Summons

18. Affidavit in support

Affidavits

19.  Affidavit 
       Example affidavit of defendant

20.  Affidavit of service - party on the matter

     Affidavit of service - party not on the matter

Annexures and exhibits

21. Annexure certificate

22. Certificate identifying exhibit

If required

Expert witnesses

Letter instructing expert witness

Letter instructing single expert witness

Affidavit - expert witness annexing report

Expert witness code of conduct

Allocation of a hearing date
Standard directions - hearings and arbitration

23. Summons

24.  Affidavit in support 

25. Chronology

If required

Schedule of medical and expert reports

Schedule of damages and issues and any document to be tendered

Subpoenas and notices to produce

26.  Subpoena
      Subpoena for production to registrar

27.  Notice to produce 

28. Summons - set aside subpoena

     Summons - set aside notice to produce

29. Affidavit in support - Summons to set aside subpoena or notice to produce

Costs in default of attendance
Court book

30. Agreed list of exhibits

Adjournments
Notices to admit and authenticity of documents

31. Notice to admit
32. Notice of dispute

If required

Brief to counsel

A demonstration of the use of precedents

A demonstration of the use of precedents

Example ADR order - referal to mediation

Example affidavit of defendant

Example calderbank Offer

Example consent orders

Example counterclaim

Example defence

Example defence to counterclaim

Example letter of demand

Example litigation deed of release

Example lediation position paper - defendant

Example mediation position paper - plaintiff

Example offer of compromise by the defendant

Example offer of compromise by the plaintiff

Example request for further and better particulars

Example response to letter of demand

Example statement of claim - writ



© Copyright By Lawyers for Lawyers, 2009, Sydney. All rights reserved.Last Updated: 23/02/2010


 

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All Areas of Law > Litigation > County Court (VIC) - Step-by-Step Legal Practice Guide and Precedents  

County Court (VIC) - Step-by-Step Legal Practice Guide and Precedents

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Author: By Lawyers for Lawyers

This guide deals with the rules and procedures for civil matters in the County Court of Victoria. A comprehensive range of precedents is also included from letters to summons, affidavits, and terms of settlement.

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