January 2017. Doris Dumfree loves cycling around her Eastern suburbs neighbourhood. On

Doris' fiftieth birthday, her husband, Jim, a wealthy solicitor, gave her the new bike she had

always wanted. Doris cannot wait to take her new bike for a ride. She heads off down her

street with Jim watching. In the dimming twilight, Doris failed to see Paul, a pedestrian, step

off the kerb. Doris crashes into Paul and exclaims, "you should watch where you're going!".

Doris is mortified that her new bike has a horrid scratch along its frame. Jim comes running

to assist Doris.

Paul suffered a broken arm and was unable to finish work on the children's book he was

illustrating. He lost the job and the goodwill of the publisher and had to go back to his old job,

drawing architectural blueprints, which he hated. Paul believes the road was clear when he

stepped of the kerb. He is very angry about Doris's attitude, which he finds entitled and

complacent.

Paul engaged the law firm of Dewey Sewem to pursue a claim in negligence against Doris. He

is asking for $20,000 out of pocket medical costs, $75,000 in pain and suffering and $100,000

in lost opportunity costs associated with the inability to finish the picture book.

QUESTION 1 (5 MARKS)

Dewey Sewem, aware of its duty to the court to minimize costs and facilitate settlement,

wants to raise the idea of alternative dispute resolution (ADR) with Paul. Discuss the type(s)

of ADR that you believe are most appropriate in this situation and why. Be sure to discuss the

advantages and disadvantages of ADR that Paul may experience with ADR and any obstacles

that might need to be overcome.

QUESTION 2 (5 MARKS)

After protracted efforts, ADR fails. In January 2020, just before the statute of limitations ends,

Dewey Sewem is ready to file the claim with the court. Unfortunately, the law firm's computer

system crashes and the draft pleadings are lost. Dewey Sewem files a very concise Statement

of Claim on the day the statute of limitation ends, then seeks permission to amend the

Statement of Claim three days later. Should the court allow amendment? Would your answer

change if Dewey Sewem attempted to add a claim in civil assault to the claim in negligence?

QUESTION 3 (10 MARKS)

The Statement of Claim is successfully filed. Unfortunately, in January 2020 Doris is out of the

country on a round-the-world cruise and is not due to return to Australia until several days

before the time for service runs out. Dewey Sewem decides to wait to serve her in Australia

rather than attempt to serve her abroad. Her cruise ship pulls into Circular Quay on time, but

the passengers are under quarantine due to corona virus and forbidden to disembark.Explain

whether the court would find service effected in each of the following scenarios:

A. Dewey Sewem sends an email document to the captain with the document to be

served and asks her to have a crew member slide it under Doris's stateroom door.

B. Dewey Sewem has an airplane fly by and drop copies of the document to be served

onto the deck when Doris is expected to be outside for exercise break.

C. Dewey Sewem serves a copy on the solicitors' firm where Jim is a partner.

QUESTION 4 (5 MARKS)

Service of process is eventually completed. Dewey Sewem is now seeking discovery from

Doris and Jim. The vast majority of documents that Dewey Sewem has requested involve

communications (texts and emails) between Doris and Jim. Dewey Sewem submits there are

special reasons for discovery, essentially that those communications contain relevant

admissions. The response to the discovery request alleges, however, that those

communications are subject to client legal privilege and thus exempt from production. Discuss

what factors must exist for this argument to be valid.

QUESTION 5 (5 MARKS)

Doris decides to have Jim's law firm represent her, since she thinks this is a simple matter that

Jim's colleagues can handle quickly and inexpensively. Jim's firm agrees and has a very junior

associate draft the defence. Unfortunately, this was the first defence the associate had ever

drafted and it focused entirely on attempting to assassinate Paul's character rather than

addressing the matters outlined in the statement of claim. What steps can and should Dewey

Sewem take? What are Dewey Sewem's chances of success?