CIVIL PROCEDURES - AUSTRALIA, QUEENSLAND LAW.

A.) Based on the following interview transcript and evidence draft the necessary court documents to initiate the debt recovery proceeding.

B.) In a short file note explain how you propose to serve the process and draft any necessary service documents.

C.) Assuming that the defendants do not enter an appearance or otherwise respond to the proceeding, draft all the documents necessary to obtain a default judgment.

Record of Interview with Sandra Harding from Falcon Automatics, 16 Granite Street Geebung Queensland.

Q. What is your company's name and what does it do? A. We don't have a company, we are a partnership. The Registered Business name is Falcon Automatics. I am one partner, and my husband Peter Harding is the other. We are a small business that repairs automatic transmissions.

Q. What is the legal problem you require assistance with? A. We repaired the automatic transmission for a Ford Transit Custom 2018 Van 735RIP for a total cost of $8900 but have only received the first repayment of $2500 and a $200 inspection fee.

Q. How did the transaction come about? A. We were telephoned by Stuart Prince on 30.06.2020 who said he was the sales manager for Judy and Punch Pty Ltd and that their Ford Transit Van was off the road due to problems with the transmission. We asked him for details about the van such as its VIN number, registration and date of manufacture. In that way we could give a quote on the maximum potential cost for refurbishment of the transmission. Sometimes it just needs a transmission fluid flush, but in other cases it needs a complete rebuild. He told us the rego number and the VIN number. It was a 2198cc, CYFA 14 16v DOHC Turbo Diesel Inj (92kW) model. We were booked up for 4 weeks but said if he had the van towed to our workshop, we would look at it between jobs and make a diagnosis for a cost of $200. This would come off the final bill if they wanted the van repaired. We quoted a maximum cost of $8900 if a complete rebuild was needed which includes the cost of the $200 inspection fee.

Q. What happened next? A. The van turned up the next day at 9am on the back of an RACQ tow truck together with $200 in cash and a signed quote in an unmarked envelope which the RACQ driver said was given to him by Stuart Prince to give to us. The van had Judy and Punch Pty Ltd homewares painted on its side panels. The envelope also enclosed Stuart's business card which I forgot to bring with me today. During the week that followed we took the transmission out and discovered it needed a complete rebuild. We rang and also emailed Stuart advising it was the worst-case scenario and would cost $8900. We could do the job on 31st July 2020 if he wanted to proceed, but we would require a $2500 deposit to cover the cost of the parts, which had to be ordered. Stuart agreed to the price on the phone, and we booked the job. The next day he responded to our email and paid the deposit money via a telegraphic transfer from the NAB bank account in the name of Judy and Punch Pty Ltd.

Q. Do you have any details about Stuart Prince or Judy and Punch Pty Ltd? A. All we know about Stuart Prince is that he said he was their Queensland sales manager of Judy and Punch Pty Ltd and his phone number is 0409 265 989 and email is s..t@judyandpunch.com. Judy and Punch Pty have a registered office at 27 Milton Road, North Ryde in NSW. They bank with the NAB at North Ryde. Their telephone number is 02 6789 7922. Q. Do you know if they have a Queensland address? A. Stuart Prince did leave a business card stating 27 North Street, Buranda, Queensland. But that seems to be a home address not a business.

Q. OK what happened next? A. We fixed the van on the 31st July 2020. Stuart Prince, or at least someone who said they were Stuart Prince, turned up to pick it up and take it for a test drive. While unusual we thought since there had been no trouble with the deposit that all was fine. Unfortunately, Stuart never returned from the test drive, and we have not received any further payment.

Q. Did you try and recover the money? A. We tried to contact Stuart Prince by phone and email but get no responses. We went around to 27 North Street, Buranda, but were told by the woman living there that Stuart was divorcing her and that he has moved out and is living in the van and only comes around occasionally. Judy and Punch Pty Ltd say that Stuart is no longer in their employ and that they never authorised the repair of the van which is now missing. They say they are not responsible for the debt even though the vehicle is registered to their company.

Q. Can you provide more details about the attempts? Do you remember the dates? A. I brought along my diary. Phone calls to Stuart 31.07.2020, 01.08.2020, 01.09.2020. Emails to Stuart 31.07.2020, 03.08.2020, 10.10.2020. Phone calls to Judy and Punch Pty Ltd 31.07.2020, 01.08.2020, 11.10.2020. We were just getting nowhere. Eventually Judy and Punch Pty Ltd referred us to their solicitor Mr Milano Blue from Sue and See Solicitors, 28 Camperwell Rd, North Ryde NSW 2113, ph 02 8989643, fax 02 89896434 who told us their client was not liable for any outstanding debt and suggested we chase Stuart. Can you help recover what's owing? Any chance of interest? Please commence proceedings.

You can assume that your client has agreed to a costs agreement and has entered into a retainer and paid $1000 into your firm's trust account. You work for Madwick's Solicitors, Level 2, 15 Tank Street, Brisbane, QLD 4000.

SUPREME COURT OF QUEENSLAND Plaintiff: (name) AND First Defendant: (name) AND Second Defendant: (name) CLAIM The plaintiff claims: 1. 5X from the first defendant as the balance payable for goods sold. 2 SX from the second defendant as money payable under a guarantee. 3. interest pursuant to s 58 of the Civil Proceedings Act 2011 (Old). 4 costs. The plaintiff makes this claim in reliance on the facts alleged in the attached Statement of Claim. ISSUED WITH THE AUTHORITY OF THE SUPREME COURT OF QUEENSLAND And filed in the (place) Registry on (date): Registrar: (registrar to sign and sea!) To the defendants: TAKE NOTICE that you are being sued by the plaintiff in the Court. If you intend to dispute this claim or wish to raise any counterclaim against the plaintiff, you must within 28 days of the service upon you of this claim le a Notice of Intention to Defend in this Registry. If you do not comply with this requirementjudgment may be given against you for the relief claimed and costs without further notice to you. The Notice should be in Form 6 to the Uniform Civil Procedure Rules. You must serve a sealed copy of it at the plaintiff's address for service shown in this claim as soon as possible. Address of Registry: {insert relevant street address) If you assert that this Court does not have jurisdiction in this matter or assert any irregularity you must file a Conditional Notice of Intention to Defend in Form 7 under Rule 144, and apply for an order under Rule 16 within 14 days of ling that Notice. lfyou objectthat these proceedings have not been commenced in the correct district of the Court, that objection must be included in your Notice of Intention to Defend. [The plaintiff is suing in a representative capacity namely {insert details see Rule 18)] [The [first] defendant is sued in a representative capacity {insert details see Rule 18)] The plaintiff relies on the cross-vesting laws in respect of each claim (or as the case may be: see Rule 53. This applies only in the Supreme Court)] CLAIM Name: Filed on behalf of the Plaintiff Address: Form 2, Version 1 Uniform Civil Procedure Rules 1999 Phone No: Rule 22 Fax No: PARTICULARS OF THE PLAINTIFF: Name: Plaintiff's residential or business address: Plaintiff's solicitors name: and firm name: Solicitor's business address: Address for service: DX (if any): Telephone: Fax: E-mail address: (if any): [If the plaintiff has no solicitor: Plaintiff's address for service: Plaintiff's telephone number or contact number: Plaintiff's fax number (if any): Plaintiff's e-mail address (if any):] Signed: (plaintiff or solicitor to sign) Description (of signatory eg. solicitor) Dated: (insert date) This Claim is to be served on:(First defendant's name)of: (First defendant's address) and on: (Second defendant's name) of: (Second defendant's address) *When the amount claimed is within the jurisdiction of the District Court, use the same form but substitute the word \"District" for the word \"Supreme". when the amount claimed is within the jurisdiction of the Magistrates Court, use the same form but substitute the word \"Magistrates" for the word \"Supreme\". *The number is allocated when the claim is filed.*When the claim is filed it will be signed and dated by the registry.*The following must appear at the foot of the first page. STATEMENT OF CLAIM This claim in this proceeding is made in reliance on the following facts: 1. The plaintiff is and was at all material times a corporation. 2. By a written joint venture agreement dated 5 June the plaintiff agreed with {Home of joint venturer) to enter into ajoint venture to purchase and develop a parcel ofland for subdivision and sale of allotments. 3. It was a term of that agreement that the plaintiff would contribute by way of capital to the joint venture an amount not less than $500,000. 4. By an agreement in writing dated 5 June the defendant, in consideration of the plaintiff's entering into the joint venture agreement, agreed to indemnify the plaintiff against any loss of the capital contributed by it to the joint venture, up to a limit of $300,000. 5. Subsequently the plaintiff contributed in excess of $500,000 to the joint venture as capital under the agreement. 6. Thejo int venture has been carried-out but the plaintiff has lost most of the capital contributed to it, namely $327,840. 7. The plaintiff has demanded payment of the sum of $300,000 from the defendant under the agreement in paragraph 4, by a letter from the plaintiff's solicitors to the defendant dated W. 8. In breach of that agreement the defendant has failed to pay to the plaintiff that sum or any part of it, and that sum is now due and payable from the defendant to the plaintiff. The plaintiff claims the following relief: 1. $300,000 from the defendant as money payable under a contract; 2. in the alternative, damage for breach of that contract; 3. interest on $300,000 at [relevant % rate] per annum from xx/xx/(yeap to the date of payment or judgment pursuant to s 58 ofthe Civil ProceedingsAct 2011 (QId); 4. costs. Signed: {pinion}? or solicitor) Description: {of signatory) [This pleading was settled by (name) of Counsel] NOTICE AS TO DEFENCE Your defence must be attached to your notice of intention to defend. DEFENCE The goods sold by the plaintiff to (name of debtor) included a quantity of (name of goods). 1. The plaintiff represented to (name of debtor) that the (name of goods) were suitable for (identify purpose) Particulars (give particulars of the representation in usual form) (name of debtor) relied on that representation in purchasing those goods from the plaintiff. 2 . The (name of goods) were not suitable for (identify purpose), because (explain why not). 3 . That representation was made fraudulently, in that the plaintiff knew it was false, or made it recklessly not caring whether it was true or false. Particulars (identify who on behalf of the plaintiff knew or was reckless, and any other proper particulars) 4 . As a result (name of debtor) suffered loss and damage, in that the sale price of some of the goods which had been resold had to be refunded, and the balance of the goods were worthless: a. Price refunded S . . .... ..". b. Overheads on processing refunds $... c. Price paid for balance of goods S. . .. .... .... TOTAL $ . ..... 6. Accordingly the plaintiff was liable to (name of debtor) in the sum of $............ which (name of debtor) was entitled to set off against the amount owing to the plaintiff for goods sold [so as to extinguish it]. 7. (Name of debtor) is insolvent and was on (date) ordered to be wound up by the Supreme Court of Queensland Accordingly the defendant is [to that extent] not liable to the plaintiff on the guarantee. Because of the facts alleged in the counterclaim, the defendant is entitled to be relieved from liability on the guarantee. COUNTERCLAIM This counterclaim is made by the defendant against the plaintiff. This counterclaim is made in reliance upon the following facts: 1. The defendant was at all material times the wife of (name of husband).2. The guarantee the subject of the plaintiff's claim is in respect of the indebtedness to the plaintiff of (name ofpartnershi'p). 3. At all material times (name ofhusband) was a member of that partnership, but the defendant was not. 4. At all material times the plaintiff knew that that was so. 5. The execution of the guarantee by the defendant was procured by (name ofhusband). 6. The plaintiff left the procuring of the guarantee to (name afhusband) and took no steps to see to it that the defendant had independent advice or properly understood the implications of executing the guarantee. 7. The defendant did not understand the effect of the guarantee or the extent of her potential liability under it. 8. The defendant received no benefit from the execution of the guarantee. The defendant claims the following relief: 1. a declaration that the guarantee is not binding on the Defendant. 2. an order that the guarantee be set aside and delivered up for cancellation. (a) costs. [The defendant elects trail by jury of the counterclaim.] (if the defendant elects under Rule 472 and no Act excludes trial by jury). Signed: {defendant or solicitor) Description: (of signatory) [This pleading was settled by [name] of Counsel] NOTICE AS TO REPLY AND ANS'WER To the plaintiff: You have 14 days within which to le and serve an answer to this counterclaim. If you do not do so, rule 166 provides that allegations of fact in the counterclaim are taken to be admitted by you unless denied or stated to be not admitted by you in a pleading. REPLY In answer to the Defence of the Defendant filed on X the First, Second, Third and Fourth Plaintiffs say as follows: 1. The First, Second, Third and Fourth Plaintiffs (the \"Plaintiffs\") adopt and rely upon the admission in paragraph 1 of the Defence of the Defendant filed on X (the \"Defence\") as to sub-paragraphs 1(a) and (b) of the Statement of Claim filed by the Plaintiffs on Y (the \"Statement of Claim\"). 2. The Plaintiffs: a. adopt and rely upon the admission in paragraph 2 of the Defence as to sub- paragraph 1(c) of the Statement of Claim; b. join issue with the phrases \"self-company purchased by\" and \"through the proceeds\" as those phrases are not particularised sufficiently or at all in accordance with the UCPR; and c. joins issue with the allegation that the First Plaintiff was purchased by the Fourth Plaintiff and the Defendant \"through the proceeds\" from X as that is contrary to fact. 3. As to paragraph 3 of the Defence the Plaintiffs: a. join issue with the non-admission as to the directors of the First Plaintiff being the Third and Fourth Plaintiffs and repeat and rely upon paragraph lie) of the Statement of Claim; b. join issue with the non-admission as to there being no other directors of the First Plaintiff since X other than the Third and Fourth Plaintiffs and repeat and rely upon paragraph 1(f) of the Statement of Claim; c. join issue with the non-admission as to the shareholding of the First Plaintiff and repeat and rely upon paragraph 1(g} of the Statement of Claim; d. join issue with the non-admission as to the First Plaintiff not having a company secretary and repeat and rely upon paragraph 1(h} of the Statement of Claim; e. join issue with the non-admission as to the First Plaintiff not having a company secretary since X and repeat and rely upon paragraph 1(i) of the Statement of Claim; 4. As to paragraph 4 of the Defence the Plaintiffs: a. join issue with the allegation that the First Plaintiff is a \"holding Company\" as that is contrary to fact and law and say further that the First Plaintiff was not at the material time the sole shareholder or a shareholder at all of X; c. join issue with the phrases \"taken over by\" and \"the holding Company\" as those phrases are not particularised sufficiently or at all in accordance with the UCPR; and d. repeat and rely upon paragraph 1(m) of the Statement of Claim. 5. The Plaintiffs: a. adopt and rely upon the admission in paragraph 5 of the Defence as to sub- paragraphs 2(a), (b) and (c) of the Statement of Claim; b. join issue with the phrases \"was acquired by\" and \"by the monies from\" as those phrases are not particularised sufficiently or at all in accordance with Order 8 Rule 29 of the National Court Rules; and REQUEST FOR FURTHER AND BETTER PARTICULARS OF THE DEFENCE FILED X The Plaintiff requests the following further and better particulars of the Defence of the Defendant led X: 1. As to paragraph 3 of the Defence the Plaintiff requests further and better particulars as to sub-paragraph (b) in that that sub-paragraph is not particularised sufficiently or at all as to why it is alleged the Defendant cannot plead in accordance with r 165(4) and rr 149(1}{a), (c), 150(4){a), {c}, 157(a) and (b) of the Uniform Civii Procedure Ruies 1999 (Qld) {\"UCPR\"). 2. As to paragraph 5 of the Defence the Plaintiff requests further and better particulars as to sub-paragraph {a} as that sub-paragraph is not particularised sufficiently or at all by direct explanation as to which sub-paragraphs from paragraphs 2 and 3 of the Defence are referred to by the Defendant in accordance with r 166(4) and rr 149(1)(a), (c), 150(4)(a), (c), 157(a) and (b) of the UCPR. 3. As to paragraph 5 of the Defence the Plaintiff requests further and better particulars as to sub-paragraph (d) as that sub-paragraph is not particularised sufficiently or at all as to why it is alleged the Defendant cannot plead in accordance with r 166(4) and rr 149(1){a), (c), 150(4){a), (c), 157(a} and (b) of the UCP R. Liability limited by a scheme approved under Professional Standards Legislation