JURISDICTION: NEW SOUTH WALES

LAW: CIVIL PRACTICE

1. Lucille is a defendant in civil proceedings in the New South Wales District Court that have been brought by her former employer Ritzy Eats. The proceedings concern allegations that Lucille has engaged in financial fraud against the upmarket restaurant. There is considerable media interest in her matter, because some of the funds are alleged to have been spent on luxury romantic getaways with various married politicians who frequented the restaurant. What legal options are available to Lucille to prevent media access to the court proceedings? Can Lucille have the matter dismissed on procedural grounds on the basis that it is embarrassing? What are the legal rules principles relevant?
2. Susan is attempting to commence a negligence claim in the Supreme Court of NSW against Personal Care Solutions and its employee Ray. The proceedings relate to allegedly negligent personal care that Susan received when she was visiting family Tasmania. Susan is 75 years old and has limited physical mobility. She resides in New South Wales. Personal Care Solutions is a corporation that provides services across Australia and has its registered office in Queensland. Ray resides in Tasmania. How would Susan go about effecting service on Personal Care Solutions? On what basis could Ray resist the dispute being resolved by a New South Wales court and instead have the matter heard in a Tasmanian Court? What are the legal rules principles relevant?
3. Harold is a defendant currently involved in proceedings brought by Sam in the Supreme Court of NSW. Sam has persistently failed to meet court deadlines for the filing of documents and has failed to appear at the past three directions hearings. Moreover, Harold is of the view that Sam (an estranged sibling who has a history of sending Harold lengthy and aggressive emails and arriving at family gatherings uninvited) has brought the proceedings to inconvenience Harold who is currently undertaking his final year of training to be a neurosurgeon. What options are available to Harold to bring the proceedings to early finality? What procedural steps and documents are involved in bringing the matter to early finality? What are the legal rules principles relevant?
4. Daisuke was successful in civil proceedings against Anoula in the District Court of NSW and as a result Anoula was ordered to pay $80,000 to Daisuke. It has now been 1 year since the order was made and Anoula still has not paid the money to Daisuke. Anoula owns outright the house in which she and her children live. In terms of other economically significant assets, she owns a car valued at $35,000 to which she has a strong sentimental attachment because it belonged to her recently deceased wife, 2 artworks each valued at $45,000, and a boat valued at $80,000 which is the only boat she has to use in her business 'Anoula's Lake Tours'. What are Daisuke's options to compel Anoula to pay the amount? What are the legal rules principles relevant?
5. Jemima has been served with a statement of claim by Max for proceedings in the Supreme Court of NSW. Max is alleging that Jemima has both breached a contract and acted fraudulently. What type of pleading document will Jemima need to prepare? What are the main rules of pleading which this document must observe? What are the legal rules principles relevant?