LAW4178 Study Guide - Final Guide: Equitable Remedy, Counterclaim, Estoppel
Document Summary
Yes, they can issue one proceeding against fp. Fp at the same time on 6 march. Such joinder is required by s 29 sca which requires that all matters in dispute are completely and finally determined and multiplicity of proceedings avoided. Assuming they have more than one cause of action, can be joined under r 9. 01. The ideal court in which to commence proceedings would be the supreme court of (b) This has an unlimited civil jurisdiction, per s 85(1) of the constitution act 1975 (vic. ), and so can hear matters such as this where the financial loss has accumulated to around ,000 and the pain and suffering is significant. It is better suited to such large claims than the county court, which also has an unlimited civil jurisdiction (per s 37(1)(a)). The federal court is probably not an option here.
