Civil Procedure (LLW4000)

5(a) Ravy had engaged you to represent him in the above claim. Discuss what, if any obligations you have to Ravy and the Judiciary. (7.5 Marks) 5(b) Attempts at dispute resolution between the parties had broken down, which led to Ravy commencing proceedings. Discuss whether any correspondence between the parties during their attempts to resolve the dispute may be admitted into evidence and used by a party against the other. You must discuss the relevant principles.   (7.5 Marks) Question

Question 4 (10 points) (10 marks) The proceedings in the County Court of Victoria have been completed. The Court has awarded judgment to Ravy against ACU and ordered ACU to pay to Ravy a certain amount (the amount is not relevant for purposes of this question) for his claim plus costs. ACU wishes to appeal and believes it has good prospects of success. ACU informs Ravy of its intention to institute appeal proceedings and formally requests Ravy to refrain from commencing any enforcement action pending the outcome of its proposed appeal. Ravy refuses, believing that ACU has little prospect of success. ACU is preparing the necessary papers for filing in court. 4(a) Discuss the justification, if any, for Ravy to refuse ACU’s request and whether the justification, if any, still holds if the necessary papers for instituting the appeal have already been filed. This question does not require you to discuss the merits or prospects of success or otherwise of ACU’s appeal. (5 marks) 4(b) Pending the filing of necessary papers to institute the appeal proceedings and the outcome of the appeal, discuss a procedure by which ACU may prevent Ravy from enforcing the court order. (5 marks) REFER TO RELEVANT LEGISLATION

3(b) Discuss a procedure by which FastTrack may avoid liability to Gwendolyn by assisting her in Ravy’s claim against her. (5 marks)

Regardless of Question 2, suppose Gwendolyn remains a party in the proceedings. She blames FastTrack Pty Ltd (FastTrack) for the non-delivery of the BT25 and believes that she should have recourse to FastTrack if the court finds her liable to Ravy. 3(a) Discuss a procedure, including any timelines involved, by which Gwendolyn may look to FastTrack for relief if she is found liable to Ravy. (5 marks)