Scenario 2

Your employer, Law & Co Solicitors, has been acting for Darryl Donald Duffy, the applicant in an ongoing civil dispute with the defendant, Newsco Ltd ACN 111 222 333, a Brisbane newspaper company, regarding a defamatory article regarding Mr Duffy. The Application was filed on 10 January 2013 and a trial is set down for 13 May 2013 in the Brisbane Magistrates Court (File Number BR 99/2013) before Magistrate Jackson, however, neither of you really wants to proceed to trial, given the expense involved.

As such, mediation has been arranged for 8 February 2013 at the office of Law & Co. The mediation was a success, and Mr Duffy and Newsco Ltd have finally come to an amicable consensual binding agreement out of court settlement.

Newsco Ltd has agreed to pay Mr Duffy $20,000 in damages in full and final settlement of the claim, and in return, he has agreed to discontinue proceedings against Newsco Ltd. Full payment is to occur within 28 days of the mediation. Each party has agreed to pay their own costs.

Question:

Q1. The Registrar of the Court, in which the matter was to be heard, is required to finalise proceedings by way of paperwork, In order to do this the Registrar must complete a Form 59 and a Form 59A. Explain why these two Forms are being used and what the procedure entails. Ensure you mention the corresponding Rules for each document