LAWS398 Lecture Notes - Lecture 11: Dementia, Anton Piller Order, Affidavit
14 Jul 2020
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Week 11 appearing in court: interlocutory hearings, notices of motion and trials. Readings: please read the following prior to your tutorial: civil procedure text chapter 2 pp57-65, chapter 6 pp159-184, chapter 11 pp336- 342 and chapter 13 pp385-387: ubs ag v tyne [2018] hca 45; 92 aljr 968, moubarak by his tutor coorey v holt [2019] nswca 102. A small percentage of cases involve a potential party to litigation needing a court to take action on its behalf before it has the opportunity to commence litigation. Mareva orders; are freezing orders given by court to freeze certain assets of a party so as to prevent those assets being dissipated or hidden offshore. There are processes that must be undertaken by parties or their lawyer before litigation can commence. A party seeking to recover a specific amount of money owed under contract must send correspondence demanding payment of the debt prior to commencing litigation.
