Highlights
Task:
Part A: The Case of Mr Benjamin Button
Scenario 1
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.
Questions for Scenario 1:
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 (approx. 100 words).
Q2. In order to defend the Claim, Mr Button must respond with his Defence. Provide a detailed explanation of the purpose of a Notice of Intention to Defend and Defence of the Defendant, and the information that Mr Button must ensure is contained within each of the forms under the UCPR. In your response make reference to specific rules from the UCPR, as well as the appropriate form numbers (approx. 100 words)
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