Form D2.7 – Claim for first home vacant land concession (LL-QLD-OSR080) has now been updated to version 9.
SA – Litigation – Civil – When acting for one (or more) of multiple defendants
A subsidiary data entry form or ‘layout’ entitled ‘Role’ has been attached to Plaintiff/Defendant/Applicant/Respondent/Third Party Cards to help determine who ‘Our Client’ is in circumstances where there are multiple parties in a matter.
Acting for ONLY one Defendant
If there is only one Defendant in the matter and they are your client, in the matter type you should choose the following:
Client = Defendant
Other Side = Plaintiff
Other Side’s Solicitor = Plaintiff’s Solicitor
Acting for multiple Defendants
Acting for an individual Defendant or more than one Defendant, i.e.:
- Multiple Defendants – you act for one Defendant who is not the First Defendant;
- Multiple Defendants (e.g. three Defendants) – act for two of those Defendants (e.g. the Second and Third Defendants).
When setting up parties in the matter you would choose the following:
Client = Client
Other Side = Plaintiff
Other Side’s Solicitor= Plaintiff’s Solicitors
Once your matter is created, the ‘Client’ card will appear and you need to enter your Client(s) details.
Important Note: You need to add ‘Defendant’ and ‘Defendant’s Solicitors’ cards to your matter by Editing Table Types. Once these cards have been added and positioned in your matter, you will need to add ALL of the parties and their Solicitor(s) in the order they appear in the originating process.
Once each Defendant(s) and Plaintiff(s) card details are entered, a subsidiary table called ‘Role’ will appear. Choose Yes or No from the dropdown list next to ‘Is this your client?’ Repeat this for each party.
The diagram below shows ‘Peter Johnstone’ has been entered as the ‘Client’ and again as ‘Defendant 2’. You also need to enter your firm’s details again in ‘Defendant’s Solicitor 2’ card.
You can add multiple clients.
Acting for a Third Party
The same rules apply for Third Parties (i.e. act for one or multiple Third Parties but not necessarily all Third Parties). The parties would be set up as follows:
Client = Client
Other Side = Defendant
Other Side’s Solicitor = Defendant’s Solicitor
Edit Table Types and add the following Tables and Cards:
Plaintiff
Plaintiff’s Solicitor
Third Party
Third Party’s Solicitor
Add the Third Parties in the order they appear in the Third Party Notice (i.e. if your client is the Second Third Party, replicate the Client Card and ensure your Firm Details are added as the Second Third Party’s Solicitor).
VIC – Children’s Court of Victoria
Recent changes have been made to the summons documents at the Children’s Court of Victoria. The form previously known as ‘Witness Summons’ has been replaced with the three forms listed below –
- Witness summons to attend to give evidence – Form 41 (LL-VIC-CHC-017)
- Witness summons to produce – Form 41a (LL-VIC-CHC-029)
- Witness summons to produce and to attend to give evidence – Form 41b (LL-VIC-CHC-030)
QLD – New Matter Category – Rural Law / Agribusiness
LEAP are happy to announce that with help from our clients, a new matter category has been created entitled Rural Law / Agribusiness.
Under Rural Law/ Agribusiness we have created four new matter types:
- Purchase of Rural Property;
- Sale of Rural Property
- Water Licence; and
- Water Allocation.
These matter types can be found under ‘Other Areas of Law > Rural Law / Agribusiness’.
Purchase and Sale of Rural Property
The Purchase and Sale of Rural Property matter types have been created using client feedback and are based on the ‘Sale of Business’ and ‘Purchase of Business’ matter types with a few changes such as:
New Layout – Assets/Property
This layout is to capture the different aspects of property that can be sold/purchased with rural property and includes options such as:
- Tools of trade;
- Stock-in-trade;
- Plant & Equipment;
- Fixtures & Fittings;
- Leasehold & Licences;
- Brands / Ear tags;
- Permit to occupy
- Goodwill;
- Livestock;
- Encumbrances.
Each of these tabs have a similar functionality which allows the operator to capture information and the value of each item such as:
Also when moving back to the ‘Summary’ tab (which is the first on the layout), a calculation has been created which calculates the value of the figures on the individual tabs and then display those figures like so:
When closing this layout the ‘Total assets’ figure will display on the matter:
We have kept the Calendar & Tasks dates the same as the Sale and Purchase of Business however a couple of extras have been included due to client feedback which are:
- Ministerial Consent Date
- Muster Date
- PPSR Registration Date
All of which have confirmation tickboxes.
Water Licence and Water Allocation
The Water Licence and Water Allocation matter types have also been created from client feedback and use the QLD Property layout with some additional tabs for clients to enter water information.
The new layouts for Water Licence are as follows:
Water Licence App
Water Licence App 2
Licence Info / Comments
The new layouts for Water Allocation are as follows:
Water Information
Water Info 2
Water Meter Information
Miscellaneous
The Water Licence Calendar & Tasks have additional dates as follows:
- Ministerial Consent Date
- PPSR Registration Date
The Water Allocation Calendar & Tasks dates are the same with Water Allocation Dealing Certificate Expiry Date also included.
All have confirmation tickboxes.
This new area of law is very exciting and presently is only available for Queensland, however we will be moving forward into New South Wales and Victoria later this year.
For our Queensland clients if you have any feedback that you would like to make regarding either of these new matter types, or some further matter types for Rural Law, the Content team would be interested to hear from you. We would also like your feedback as to any forms (ie water licence/allocation forms) that you require us to create and code for use with these matters. Please email content@leap.com.au and we shall be in touch shortly.
SA – Advance Care Directive
LEAP have now added the form Cancelling my Advance Care Directive (LL-SA-ACD-006).
QLD – Industrial Relations
The following two forms have recently been updated:
- Form 2 – Application to Queensland Industrial Relations Commission – non-chapter 12 approved form (LL-QLD-IRC-102);
- Form 23 – List of documents (LL-QLD-IRC-112).
QLD – Criminal Practice Forms
The QLD Criminal Practice Court forms in LEAP have been reviewed and updated where required.
SA – Magistrates Court – Intervention Orders
The following forms have now been updated in LEAP:
- Form 28 – Police or third party application (intervention order) (LL-SA-MCCR086);
- Form 28AA – Private application (LL-SA-MCCR137);
- Form 29 – Interim intervention order and summons (LL-SA-MCCR064);
- Form 30 – Final intervention order (LL-SA-MCCR101);
- Form 31 – Police or third party application for variation or revocation of intervention order (LL-SA-MCCR087);
- Form 41 – Request to register foreign intervention order (LL-SA-MCCR102);
- Form 45 – Affidavit (intervention order) (LL-SA-MCCR085).
VIC – VCAT – Oaths and Affirmations Act 2018
As a result of the Oaths and Affirmations Act 2018 coming into effect on 1 March 2019, VCAT have released the following forms which have now been updated :-
- Alternative procedure affidavit – section 335 of the Residential Tenancies Act 1997 (LL-VIC-VCAT-122)
- Alternative procedure affidavit – section 414 of the Residential Tenancies Act 1997 (LL-VIC-VCAT-088)
We have also been advised that the transition period (which ends on 31 December 2019) only applies to Statutory Declarations and not to Affidavits.
VIC – Supreme Court – Exhibits – Oaths and Affirmations Act 2019
As a result of the recent implementation of the Oaths and Affirmations Act 2018 and on the advice of the Probate Registrar in Victoria, any document that requires an Exhibit, will also need to be signed/executed by the person or parties executing the original Affidavit.
This being the case, the following documents have been updated and will be available for use from today. They will now allow for the signature of the relevant Deponent to sign/execute the Exhibit document –
- Certificate identifying Exhibit (LL-VIC-SC-0020)
- Exhibit note – advertisement (LL-VIC-EST-0202)
- Exhibit note – certified copy of death registration (LL-VIC-EST-0203)
- Inventory of assets and liabilities (LL-VIC-EST-0207)
We have also been advised that the transition period (which ends on 31 December 2019) only applies to Statutory Declarations and not to Affidavits.
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