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1, One of the purposes of providing particulars is too a, Join any third parties to the proceedings b. Ensure that the defendant has
1, One of the purposes of providing particulars is too a, Join any third parties to the proceedings " b. Ensure that the defendant has not traversed the pleading." c. None of the given answers." d Provide evidence in support of all allegations," 2. Which of these statements is true?" a, A defendant can be granted summary judgment where the plaintiff' $ case is not strong." b. A plaintiff can be granted summary dismissal where the proceedings are frivolous or wixitious. c A plaintiff can be granted summary judgment where no reasonable cause of action is disclosed + d A defendant can be granted summary dismissal where the proceedings are an abuse of the process of the court " 3, Which of the following is true of international service?" a, The circumstances in which service can be affected overseas are enumerated in Schedule 6 of the Civil Procedure Act 2005 (NSW)+ b. Overseas service must include a notice to the defendant + c International service can be effected under the Zurich Convention," d Service must be in accordance with the law of the issuing country " 4. The Limitation Act 1969 (NSW) is relevant to determining timeframes for;+ a, Service of originating process + b. Rendering discovery." c None of the given answers," d Responding to notices to produce," 5, Inherent jurisdiction allows:" a, Inferior courts to do all that is necessary to prevent abuses of their processes " b Inferior courts to do all that is necessary to promote access to justice, " c. Superior courts to do all that is necessary to prevent abuses of their processes," d Superior court to do all that is necessary to promote access to justice," 5, Which of the following statements about Anton Piller orders is true7andour does not apply. " b. Defiance of an Anton Piller order attracts the sanction of contempt," c Anton Piller orders empower the independent solicitor to force entry to the premises the subject of the order." d. Anton Ever orders are a form of interlocutory injunction," 7, The case of Bell Lawyers v Peptolow [2019] HCA 29 is authority for the proposition that:" a. Whether or not the Chorley exception applies in Australia is a matter for the legislature." b. The Chorley exception should be extended to the benefit of barristers, " c The Chorley exception is a pecognised part of the common law of Australia, d. None of the given answers," 4, In which of the following cases would the originating process take the form of a statement of daim?" a, Proceedings to appoint a tutor b. Proceedings to seek preliminary discovery" c. None of the given answers." d Proceedings to seek damages for negligence. " 9. For which of the following claims would the originating process take the form of a summons:" a, A daim in relation to fraud." b. A claim for possession of land." c A claim in relation to a debt." d None of the given answers." 10. Garnishee orders are best described as; a, Instruments designed to allow for the search, seizure and preservation of documents that may serve as evidence in proceedings + b. Instruments designed to ascertain the nature and extent of a judgment debtor' s assets." c Instruments designed to place a charge over the beneficial ownership that the judgment debtor may have in securities, " d. None of the given answers," 11, Which of the following statements about Anton Ever orders is true?" a, Due to the urgency associated with the making of Anton Pillex orders, the obligation of candour does not apply." b. Defiance of an Anton Piller order attracts the sanction of contempt," c Anton Piller orders empower the independent solicitor to force entry to the premises the subject of the order cd Anton Per orders are a form of interlocutory injunction," 12. The case of Bell Lawyers v Poolslove [2019] HCA 29 is authority for the proposition that" a. Whether or not the Chorley exception applies in Australia is a matter for the legislature," b. The Chorley exception should be extended to the benefit of barristers, " * The Chorley exception is a pecognised part of the common law of Australia, " d None of the given answers." 13, Material facts are + a, Only those facts establishing financial loss relevant to a plaintiff s cause of action, b. Facts necessary to constitute a cause of action " c The relevant legal authorities which the plaintiff will rely upon to establish the cause of action," d All of the given answers + 14, Which of the following is not true of an Anton Per order? a. The Court must be satisfied that the potential or actual damage to the applicant will be minor if the order is not made " b. The Court must be satisfied that the app cant has a strong prima facie case," c The Court must be satisfied that there is a real possibility that the respondent might destroy evidence or make it unavailable for proceedings " d None of the given answers," 15, Which of the following would generally not be regarded as an abuse of process?" a, Instituting proceedings for an improper purpose" b. Requesting further and better particulars," c Re-litigating matters subject to aasbug. estoppel." d Destroying evidence " 16, Generally speaking, pleadings should + a, Plead evidence to prove the case." b. Indude particulars to as to enable the opposing side to identify the case they have to meet " c Plead immaterial facts " d Avoid the use of paragraphs to save space," 17, Judgments for the payment of money can be enforced by:" a, A writ for the levy of property, a garnishee order, or a charging order." D A writ for sequestration, a Mootya order, or an Anton Ever order."c A writ for the levy of property, a garnishes order, or an Anton Piller order." d A charging order, a writ for sequestration, or a Wagon order 18, Which of the following statements about Alternative Dispute Resolution (ADR) is not true?" a, ADR is not limited to the pre-trial phase of proceedings " b. Under $ 26(1) of the Civil Procedure Act 2005 (NSW). the Court can mandatorily refer matters to arbitration," c The job of an arbitrator is to render a binding determination known as an award," d Under r 7 2 of the Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015, a solicitor is under an obligation to inform their dient about alternatives to fully contested adjudication, + 19, A notice of appeal must:" a, None of the given answers, " b. Make general statements that the primary judge erred in law or fact and reserve the specific respects of those errors for the hearing of the appeal." c. Clearly specify notice of intention to seek leave to appeal." d Identify the specific respects in which the primary judge erred in law or facts, " 20, The case of Rinehart v Welker [2011] NSWCA 403 affirmed that + a, The Court Suppression and Non-Publication Orders Act 2010 (NSW) does not recognise. the public interest in open justice." b. Suppressionon-publication orders under the Court Suppression and Non-Publication Orders Acts 2010 (NSW) should only be made in exceptional circumstances," c The Court must always grant suppressionon-publication orders where parties enter into confidential agreements + d The threat of bad publicity means the Court must grant suppressionon-publication orders." 21. An examination notice under Pt 34 of the Uniform Civil Procedure Rules 2005 (NSW) is used + a, As part of the process of discovery to ascertain what documents are in existence," b. As part of the process of enforcement of judgments" c As part of the process of quantifying a legal costs award " d None of the given answers." 22. For which of the following can an appeal be made to the NSW Court of Appeal as of right? a, An appeal of an interlocutory order," b. An appeal of a costs orderL c An appeal of a judgment from the Small Claims Division of the Local Court. d None of the given answers,"
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