LLB300 Lecture Notes - Lecture 10: Natural Justice
WEEK 10 – SERVICE:
Reasonably straight forward matters – ineffective service may be viewed as
effective if it allows D to understand the case to be met
FUNCTIONS:
oAllow D to understand the case they must meet
oFulfils the need for natural justice and procedural fairness
Exceptions: ex parte orders (application is seen to have sufficient
certainty and sufficient urgency to allow an exception)
oFounds the court’s jurisdiction – Laurie v Carroll
REQUIREMENTS:
oOriginating process – PERSONAL SERVICE
UCPR Part 10
History – ‘requirements of the law in regard to the service of writs are,
and have always been, regarded as matters strictissimi juris’ – Re a
Debtor [1939]
strictissimi juris – strictest letter of the law
oNot implemented this strictly today
Gradual changes allowed
Ainsworth v Redd –
oD alleged he had not been personally served, but documents had
been given to his associate at his direction
oUnacceptable in light of the ‘just, quick and cheap’ resolution of
disputes
TIME LIMITS:
oLocal Court – one month until the document becomes stale
oSupreme Court – six months until doc is stale
WHAT HAPPENS IF YOU GET SERVICE WRONG?
oCPA s 63 – whenever there is a failure to comply with the Act or UCPR in
respect to time, place, manner form or content
Irregularity – does not invalidate proceedings or any step BUT
On application of a party, the court has discretion to set aside any
step taken, document submitted, etc; OR
Exercise powers to allow amendments and make ‘curative’ orders
CHALLENGING JURISDICTION:
oNot done through an appearance or defence
These accept jurisdiction
oMust file a NOTICE OF MOTION
APPEARANCES:
oMust file an appearance – r 6.1(1)
oFiling an appearance waives:
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Reasonably straight forward matters ineffective service may be viewed as effective if it allows d to understand the case to be met. Functions: allow d to understand the case they must meet, fulfils the need for natural justice and procedural fairness. Exceptions: ex parte orders (application is seen to have sufficient certainty and sufficient urgency to allow an exception: founds the court"s jurisdiction laurie v carroll. Requirements: originating process personal service. History requirements of the law in regard to the service of writs are, and have always been, regarded as matters strictissimi juris" re a. Debtor [1939] strictissimi juris strictest letter of the law: not implemented this strictly today. Ainsworth v redd : d alleged he had not been personally served, but documents had been given to his associate at his direction, unacceptable in light of the just, quick and cheap" resolution of disputes.
