Civil Procedure Client Advice - Law Assignment Help

Assignment Task

Task    

Questions 1 -  inclusive, must be answered. Allocate your word count in proportion to the marks for each question. Remember, marks are awarded for not just stating facts but for developing arguments or applying the legal principles when answering the questions. The Uniform Civil Procedure Rules 1999 (Qld) (“UCPR”) applies to the assignment questions, but your answers should also refer to relevant case law.You are a graduate lawyer at Brisbane Solicitors (the ‘Firm’). The Firm acts for Enhanced Pty Ltd (“Enhanced”), located at 100 Racecourse Road in Ascot. Enhanced is a full service “Cosmedics” practice, offering breast augmentation, body sculpting, skin therapy, and cosmetic fillers (Botox injectables). All of the information provided below is in the Firm file for the client. You have been asked to draft a Client Advice to Enhanced, for discussion in a meeting with the Director of Enhanced, Dr David Diamond, to obtain further instructions. You will also need to prepare the documents required to obtain interlocutory injunctive relief. Your advice should use plain English and make practical recommendations.Until recently, Enhanced employed Dr Michael Lane as a cosmetic surgeon, and Brooke Love as a cosmetic nurse who was able to perform “injectables”. Dr Lane commenced work with Enhanced in 2015, and Ms Love commenced work with Enhanced in 2018. Enhanced met the costs associated with Ms Love’s coursework to become a Nurse Injector, paying for her to complete a Graduate Diploma of Cosmetic Nursing and Injectables, which Ms Love completed in January 2021. The course cost Enhanced $20,000.00. In exchange for paying for the course, Dr Diamond and Ms Love had an oral agreement that she would remain employed with Enhanced for a period of two-years from the time of course completion, or she would repay Enhanced for the course fees, on a pro-rata basis to the amount of time she had left on the 2-year oral agreement.Dr Lane and Ms Love both resigned from their employment with Enhanced in late June 2021, following their wedding. Dr Diamond explained in that it was his belief that Dr Lane and Ms Love were taking an extended honeymoon, however, in October 2021 a new cosmetic surgery practice was opened at 800 Racecourse Road, in Ascot, “Xquisite Pty Ltd”. Dr Lane is the sole Director of Xquisite. Dr Diamond’s enquiries, and the Xquisite website itself, reveal that both Dr Lane and Ms Love work at the Xquisite practice.The Xquisite website reveals that the practice offers body sculpting, skin therapy, and cosmetic fillers (Botox injectables), but not breast augmentation. Xquisite also offers laser hair removal, a service not offered by Enhanced.

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