Scenario

You are a legal secretary at the firm Law & Co Solicitors. Contact details include:

Address - PO Box 55, Windsor, QLD 4030,

Phone (07) 3333 1111,

Fax (07) 3333 2222).

Michael Myers, a solicitor with Law & Co has an appointment with a new client regarding a personal injuries matter. The client's name is Benjamin Button. You are asked to sit in on the meeting with Mr Myers and Mr Button.

Mr Button's story is as follows:

On 9 April 2013, he was waiting for his bus on the busway in South Brisbane, Queensland, when a woman brushed past him as she was running to get the bus. Mr Button tried to avoid her, but he was not able to get out of her way in time. There was a collision.

Mr Button has now been served with a Claim and Statement of Claim from the woman, whose name is Michelle Martin. Mr Button hands you the two documents (attached below).

Ms Martin states that she fell and broke her arm. She claims that Mr Button was obstructing the path and not paying attention as he was reading a newspaper. She further claims that Mr Button moved in front of her as she ran. Ms Martin also claims that she was shouting for people to get out of her way and that Mr Button would have heard her coming towards him.

Mr Button wishes to defend the Claim, and provides Michael with the following information:

• He was present on the busway at the time and date stated.
• He was not reading a newspaper.
• He was stationary on the platform and had proper regard to the people around him, including Ms Martin.
• He heard Ms Martin shouting.
• He did not move to obstruct the path of Ms Martin, and tried to move out of her way.
• Ms Martin ran into Mr Button and fell onto the ground.
• The extent of Ms Martin's injuries is not known as no medical reports have been received.

Michael hands you the above list and asks you to download the relevant documents from the Queensland Courts website and draft responses to the Claim and Statement of Claim based on the information Mr Button has provided. He tells you that he does not believe the plaintiff's claim has any merit. He also explains that the Magistrates Court has jurisdiction in the matter, and there seem to be no irregularities with the originating documents.

Q1. Ms Martin filed her Claim and Statement of Claim against Mr Button. Provide a detailed explanation of the purpose of a Claim and Statement of Claim, and the information that each of the forms must contain under the UCPR. In your response make reference to specific rules from the UCPR, as well as the appropriate form numbers