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.