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TAS – Supreme Court Civil

We have completed a profile review of the Supreme Court of Tasmania Civil forms.

The following forms have minor amendments:

  • Writ   Form 2  (LL-TAS-SC-0002)
  • Notice to be given to persons to be served  Form 6  (LL-TAS-SC-0006)
  • Notice of discontinuance  Form 24  (LL-TAS-SC-0024)
  • Certificate of readiness  Form 41  (LL-TAS-SC-0041)
  • Notice of discontinuance of appeal  Form 48  (LL-TAS-SC-0048)
  • Notice of intention to appear upon return of application  Form 57A  (LL-TAS-SC-0054)
  • Request for service abroad of judicial documents  Form 54  (LL-TAS-SC-0082)

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TAS – Wills, Power of Attorney & Guardianship

We reviewed the Tasmanian Wills, Power of Attorney & Guardianship matter types.  The following changes have been made:

Power of Attorney matter type

  • The Power of Attorney matter type will now populate the attorney information for Client 1 and Client 1 and Client 2.
  • When setting up your matter note the attorneys will populate as follows:
    • Client 1 will appoint Client 2 and then all attorneys; and
    • Client 2 will appoint Client 1 and then all attorneys.

Public Trustee table type

  • The Public Trustee table type is now a default table type.
  • Where applicable, the forms have been coded to populate the Public Trustee details.

Re-coded forms

As part of our review, we have re-coded the following forms:

  • Particular power of attorney  Form 1   (LL-TAS-WPA-01)
  • General power of attorney  Form 2   (LL-TAS-WPA-02)
  • Particular enduring power of attorney  Form 3   (LL-TAS-WPA-03)
  • General enduring power of attorney  Form 4   (LL-TAS-WPA-04)

New forms

We have created the following forms:

  • Registration form  Form 5   (LL-TAS-WPA-05)
  • Appointment of the public trustee as attorney under enduring power of attorney Form 6   (LL-TAS-WPA-06)
  • Revocation of power of attorney  (LL-TAS-WPA-07)
  • Declaration of death, bankruptcy or insolvency of donor   (LL-TAS-WPA-08)
  • Certificate of proof of foreign execution   (LL-TAS-WPA-09)

Note: As 5 of the forms are new, we would appreciate any feedback by clicking here.

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TAS – Improvements to Estate matter types and creation of Probate forms

Major improvements have been made to the Tasmanian estate matter types, including:

  • Extensive changes to the table types/layouts in each matter; and
  • The addition of specific terminology for Tasmanian probate matters such as, “stranger in blood”.

We have created and coded the following probate forms:

  • Citation to see all proceedings   Form 49  (LL-TAS-SC-0045)
  • Citation to bring in grant   Form 50  (LL-TAS-SC-0046)
  • Advertisement for creditors  Form 80  (LL-TAS-SC-0078)
  • Advertisement for claimants other than creditors  Form 81  (LL-TAS-SC-0079)
  • Notice to creditor or other claimant to produce document  Form 82  (LL-TAS-SC-0080)

[Read more…]

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Loan Agreement – new matter type

Following client requests, a new Loan Agreement matter type has been added to all jurisdictions and is located in the following folders:

  • Conveyancing & Property > Mortgages > Loan Agreement (defaults to acting for the borrower)
  • Other Areas of Law > Banking & Finance > Mortgages > Loan Agreement (defaults to acting for the lender)

Loan Details table

The loan details table has been created to specifically provide the necessary fields for no security loan agreement precedents.  All these fields will automate into these precedents:

Guarantor’s subsidiary layout

When a card is entered in the guarantor’s table, a guarantor’s subsidiary layout will appear for completion.  Again, all these fields will automate into the no security loan agreement precedents:

Critical Dates

The following critical dates have been assigned as defaults to this matter type:

  • Instruction date
  • Loan agreement executed
  • Date advance anticipated
  • Funding date
  • Final instalment due
  • File review date
  • Completion / Settlement Date
  • Not proceeding date

Folders and Forms Added

The necessary LEAP folders have been created and/or shortcut to each jurisdiction (where applicable) including:

  • Initial File Setup
  • Verification of Identity
  • Relevant Revenue Office
  • Relevant Land Titles Office
  • Legal Profession Uniform Legal Practice Rule forms

A new file cover sheet has been added for each jurisdiction as follows:

  • File cover sheet – Loan agreement [LL-NSW-GEN-0082]
  • File cover sheet – Loan agreement [LL-VIC-GEN-039]
  • File cover sheet – Loan agreement [LL-QLD-GEN-027]
  • File cover sheet – Loan agreement [LL-SA-GEN-001]
  • File cover sheet – Loan agreement [LL-ACT-GEN-002]
  • File cover sheet – Loan agreement [LL-WA-GEN-007]
  • File cover sheet – Loan agreement [LL-NT-GEN-001]
  • File cover sheet – Loan agreement [LL-TAS-GEN-008]

If you would like to provide feedback on the new matter type, or request new forms or precedents, please email the content team at content@leap.com.au

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Off the Plan – new matter type

A new matter type has been released for Off the Plan which is located in the Conveyancing & Property folder > Property > Off the Plan.

This matter type is similar to the standard conveyancing matter types with the additions of the Development Details table and Off the Plan matter specific Critical Dates.

If you would like to provide feedback please do so here.

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New Matter Category and Types – Rural Law \ Agribusiness

LEAP are pleased 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 two new matter types:

  • Purchase of Rural Property; and
  • Sale of Rural Property.

These matter types can be found under ‘Other Areas of Law > Rural Law / Agribusiness’.

 

 

 

 

 

 

 

 

 

 

 

 

These 2 new matter types have been based on the Sale/Purchase of Business, with a few tweaks.  We have also added a new layout entitled ‘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;
  • Encumbrance.

A total for the amounts entered will appear on the Summary page of this layout and will also display on the matter when the layout is closed.

We have kept the Calendar & Tasks dates the same as the Sale and Purchase of Business however a couple of extras have been included as a result of client feedback which are:

  • Ministerial Consent Date
  • Muster Date
  • PPSR Registration Date

All of which have confirmation tickboxes.

This new area of law is very exciting and has now been expanded to include South Australia, Western Australia, Tasmania and the Northern Territory.

For our Tasmanian, South Australian, Northern Territory and Western Australian 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 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.

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Renaming of ‘Critical Dates’ table to ‘Important Dates’

As a result of some technical issues, it has been necessary to rename the Critical Dates Table to ‘Important Dates‘.  Any matter that currently has this Table included will automatically update to the new name.

We do not foresee this causing clients any issues and has resolved the technical problems our clients were experiencing with the New South Wales Settlement Adjustment Sheet.

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TAS – Supreme Court Civil

In accordance with the Supreme Court Forms Amendment Rules 2019, the following forms have been added to Litigation > Supreme Court Litigation > Leap Forms > Supreme Court > Civil:

  • Notice accompanying the originating process in representative proceedings  Form 22A  (LL-TAS-SC-0086)
  • Opt-out notice  Form 22B  (LL-TAS-SC-0087)

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TAS – Supreme Court Civil

We have created the following Supreme Court of Tasmania Civil forms, which can be found at Litigation > Supreme Court Litigation > Leap Forms > Supreme Court > Civil:

  • Writ and statement of claim in an action at the suit of the attorney-general for forfeiture  Form 51  (LL-TAS-SC-0047)
  • Notice of filing of writ and statement of claim for condemnation of property seized as forfeited  Form 52  (LL-TAS-SC-0048)
  • Claim as to property seized  Form 53  (LL-TAS-SC-0049)
  • Judgment of forfeiture in default of claim  Form 54  (LL-TAS-SC-0050)
  • Judgment of forfeiture where claim filed but no defence filed  Form 55  (LL-TAS-SC-0051)
  • Judgment of forfeiture after trial  Form 56  (LL-TAS-SC-0052)
  • Judgment of forfeiture for claimant  Form 57  (LL-TAS-SC-0053)
  • Notice of intention to appear upon return of application  Form 57A  (LL-TAS-SC-0054)
  • Notice of submission to order upon return of application  Form 57B  (LL-TAS-SC-0055)
  • Final judgment in default of appearance or defence  Form 58  (LL-TAS-SC-0056)
  • Interlocutory judgment in default of appearance or defence  Form 59  (LL-TAS-SC-0057)
  • Judgment after trial with jury  Form 60  (LL-TAS-SC-0058)
  • Judgment after trial without jury pursuant to an order  Form 61  (LL-TAS-SC-0059)
  • General form of order  Form 62  (LL-TAS-SC-0060)
  • Writ of fieri facias  Form 63  (LL-TAS-SC-0061)
  • Writ of venditioni exponas  Form 64  (LL-TAS-SC-0062)
  • Writ of possession  Form 65  (LL-TAS-SC-0063)
  • Writ of restitution  Form 66  (LL-TAS-SC-0064)
  • Writ of delivery  Form 67  (LL-TAS-SC-0065)
  • Writ of delivery or assessed value  Form 68  (LL-TAS-SC-0066)
  • Affidavit and application for provisional garnishee order attaching a debt  Form 69  (LL-TAS-SC-0067)
  • Provisional garnishee order attaching a debt (incorporating notices to debtor and garnishee)  Form 70  (LL-TAS-SC-0068)
  • Final garnishee order attaching debt where garnishee has paid amount owing into court  Form 71  (LL-TAS-SC-0069)
  • Final garnishee order attaching debt  Form 72  (LL-TAS-SC-0070)
  • Affidavit and application for provisional garnishee order attaching earnings  Form 73  (LL-TAS-SC-0071)
  • Provisional garnishee order attaching earnings (incorporating notices to debtor and garnishee)  Form 74  (LL-TAS-SC-0072)
  • Final garnishee order attaching earnings  Form 75  (LL-TAS-SC-0073)
  • Affidavit as to stock  Form 76  (LL-TAS-SC-0074)
  • Notice as to stock  Form 77  (LL-TAS-SC-0075)
  • Writ of attachment  Form 78  (LL-TAS-SC-0076)
  • Writ of sequestration  Form 79  (LL-TAS-SC-0077)
  • Affidavit of service of foreign process  Form 83  (LL-TAS-SC-0081)
  • Request for service abroad of judicial documents  Form 83A  (LL-TAS-SC-0082)
  • Summary of document to be served  Form 83B  (LL-TAS-SC-0083)
  • Notice to defendant served outside Australia  Form  83C  (LL-TAS-SC-0084)
  • Certificate as to examination and depositions  Form 84  (LL-TAS-SC-0085)

Note: As the forms are new, we would appreciate any feedback by clicking here.