AU2009201864A1

AU2009201864A1 - Semi-automated court document production

Info

Publication number: AU2009201864A1
Application number: AU2009201864A
Authority: AU
Inventors: Fiona MacPhee
Original assignee: Individual
Current assignee: Individual
Priority date: 2009-05-11
Filing date: 2009-05-11
Publication date: 2010-11-25

Description

P/00/011 Regulation 3.2 AUSTRALIA Patents Act 1990 ORIGINAL COMPLETE SPECIFICATION STANDARD PATENT Invention Title: "SEMI-AUTOMATED COURT DOCUMENT PRODUCTION" The following statement is a full description of this invention, including the best method of performing it known to me: 1 TITLE SEMI-AUTOMATED COURT DOCUMENT PRODUCTION FIELD OF THE INVENTION 5 The present invention relates to the semi-automated production of court documents. In particular, but not exclusively, the present invention relates to a computer-implemented apparatus for producing documents for submission to a range of different types of courts. 10 BACKGROUND TO THE INVENTION Court documents must be prepared carefully and accurately for the particular matter to which they pertain and filed within strict deadlines, otherwise the ramifications can be significant. The production of such documents must be carried out by a suitably qualified professional or a 15 suitably experienced individual. The preparation of such documents should be in accordance with the relevant legislation, typically comprising one or more current Acts and related Regulations. Consequently, the production of such documents is often time consuming and expensive. In some matters and circumstances, such as debt recovery, the cost 20 for preparing and filing the relevant court documents is fixed by the court. The person preparing the documents therefore wishes to prepare the documents as quickly as possible to maximise profit. However, the documents must still be prepared accurately. Errors in the documents can at the very least cause delays in the process and/or be costly for both the client 25 and the person preparing the documents. 381000_1 2 As part of the debt recovery process to recover money, or property over which they hold a mortgage, certain steps must be taken by a bank or debt collection agency (via their legal representatives) in accordance with various pieces of legislation. The first step requires a letter regarding default 5 and foreclosure to be sent to the borrowers within specific timeframes. Once that is done and if there is no response from the borrower, or none that the bank is willing to entertain, the law firm representing the bank institutes legal proceedings (a court case for possession of land or recovery of a debt). Legal proceedings are generally commenced in either the County 10 or Supreme Courts by Writ for possession of property and any of the state courts (in accordance with the monetary jurisdiction) for recovery of a debt.. Blank forms and templates, such as macros, are known and for many procedures the information required is the same. However, often a range of 15 possible forms can be used and it is therefore necessary to first determine the one or more forms required for the particular circumstances before the specific information required for each form can be determined. In this specification, the terms "comprises", "comprising" or similar terms are intended to mean a non-exclusive inclusion, such that a method, 20 system or apparatus that comprises a list of elements does not include those elements solely, but may well include other elements not listed. OBJECT OF THE INVENTION It is an object of the present invention to provide a system and/or 381000_1 3 apparatus for producing court documents that addresses or at least ameliorates one or more of the aforementioned problems of the prior art. It is a preferred object of the invention to provide a system and/or apparatus for accurately and efficiently producing appropriate court 5 documents based on at least one response input by a user for at least one question related to producing a court document. SUMMARY OF THE INVENTION Generally, embodiments of the present invention relate to a computer 10 implemented apparatus for producing court documents suitable for submission to a particular type of court. In one form, although it need not be the only or indeed the broadest form, the invention resides in an apparatus for producing a court document comprising: 15 computer readable program code components configured to cause at least one question to be displayed to a user via an interactive communication means; computer readable program code components configured to cause interrogation of a database based on at least one response to the at least 20 one question input by the user via the interactive communication means, the database comprising document data and a plurality of legal provisions relating to the content of court documents; and computer readable program code components configured to cause generating the appropriate court document based on the at least one 381000_1 4 response input by the user and the information retrieved from the database by the interrogation of the database. Preferably, the apparatus comprises computer readable program code components configured to cause consolidating two or more related court 5 documents which are to be generated simultaneously. Preferably, the court documents include one or more of the following: a writ; an amended writ; a statement of claim; an amended statement of claim; a schedule of parties; a court certificate; a search for appearance; an affidavit of service of writ; an exhibit to an affidavit of service; an affidavit of 10 non-delivery of defence; a default judgment; an affidavit of calculations of interest in support of judgment; a warrant of seizure and sale; a warrant of possession; an affidavit of calculations in support of warrant; a notice of discontinuance. Preferably, the apparatus comprises computer readable program code 15 components configured to cause the at least one question to be displayed to a user via a display screen of the interactive communication means. Preferably, the at least one question relates to at least one of the following: court particulars; party particulars; title of document; title of form; reference; firm particulars; data handling queries; document handling 20 queries; address; place of trial; mode of trial; claim particulars; judgment details; warrant details; date; affidavit particulars; exhibit particulars; debt and interest details; costs. Preferably, the apparatus comprises computer readable program code components configured to cause providing at least one editable field in which 381000_1 5 the user can enter the at least one response. Preferably, the apparatus comprises computer readable program code components configured to cause providing at least one proposed response relating to the at least one question for selection by the user. 5 Preferably, the document data includes one or more of the following: a document formatting structure; a document layout; a standard document content. Preferably, the plurality of legal provisions includes one or more of the following: court regulations; court rules; fixed cost tables; practice guidelines; 10 Acts. Preferably, the apparatus comprises computer readable program code components configured to cause calculation of costs based on the at least one response entered by the user and one or more of the plurality of legal provisions. Suitably, the apparatus comprises computer readable program code 15 components configured to cause tracking the progress of generating the court document. Suitably, the progress of generating the court document is to be displayed to the user via an indicator. Suitably, the apparatus comprises computer readable program code 20 components configured to cause at least one checklist to be displayed to the user via the interactive communication means following generation of the court document. Suitably, the apparatus comprises computer readable program components configured to cause linking the apparatus to an online electronic 381000_1 6 filing system for submitting the one or more court documents. Suitably, the apparatus comprises computer readable program code components configured to cause providing at least one search field for a user to enter at least one unique identifier to search for a case or court 5 document. Suitably, the apparatus comprises computer readable program components configured to cause providing the user with at least one permission governing their use of the apparatus via the interactive communication means. 10 According to another aspect, although again not necessarily the broadest aspect, embodiments of the present invention reside in an apparatus to assist in producing a court document comprising: computer readable program code components configured to cause a plurality of hints to be displayed to a user to assist input of at least one 15 response to at least one question displayed to the user for generating the court document. Suitably, the apparatus comprises computer readable program code components configured to cause linking the plurality of hints with a plurality of references to legal provisions relating to court documents. 20 According to a further aspect, although again not necessarily the broadest aspect, embodiments of the present invention reside in a computer readable medium comprising computer readable program code components configured to produce a court document, the computer readable medium comprising: 3810001 7 computer readable program code components configured to cause at least one question to be displayed to a user via an interactive communication means; computer readable program code components configured to cause 5 interrogation of a database based on at least one response to the at least one question input by the user via the interactive communication means, the database comprising document data and a plurality of legal provisions relating to the content of court documents; and computer readable program code components configured to cause 10 generating the appropriate court document based on the at least one response input by the user and the information retrieved from the database by the interrogation of the database. Preferably, the computer recordable medium comprises computer readable program code components configured to cause consolidating two 15 or more related court documents which are to be generated simultaneously. Preferably, the computer recordable medium comprises court documents including one or more of the following: a writ; an amended writ; a statement of claim; an amended statement of claim; a schedule of parties; a court certificate; a search for appearance; an affidavit of service of writ; an 20 exhibit to an affidavit of service; an affidavit of non-delivery of defence; a default judgment; an affidavit of calculations of interest in support of judgment; a warrant of seizure and sale; a warrant of possession; an affidavit of calculations in support of warrant; a notice of discontinuance. Preferably, the computer recordable medium comprises computer 3810001 8 readable program code components configured to cause the at least one question to be displayed to a user via a display screen of the interactive communication means. Preferably, the computer recordable medium comprises the at least 5 one question relating to at least one of the following: court particulars; party particulars; title of document; title of form; reference; firm particulars; data handling queries; document handling queries; address; place of trial; mode of trial; claim particulars; judgment details; warrant details; date; affidavit particulars; exhibit particulars; debt and interest details; costs. 10 Preferably, the computer recordable medium comprises computer readable program code components configured to cause providing at least one editable field in which the user can enter the at least one response. Preferably, the computer recordable medium comprises computer readable program code components configured to cause providing at least 15 one proposed response relating to the at least one question for selection by the user. Preferably, the computer recordable medium comprises the document data including one or more of the following: a document formatting structure; a document layout; a standard document content. 20 Preferably, the computer recordable medium comprises the plurality of legal provisions including one or more of the following: court regulations; court rules; fixed cost tables; practice guidelines; Acts. Preferably, the computer recordable medium comprises computer readable program code components configured to cause calculation of costs 381000_1 9 based on the at least one response entered by the user and one or more of the plurality of legal provisions. Suitably, the computer recordable medium comprises computer readable program code components configured to cause tracking the 5 progress of generating the court document. Suitably, the computer recordable medium comprises the progress of generating the court document is to be displayed to the user via an indicator. Suitably, the computer recordable medium comprises computer readable program code components configured to cause at least one 10 checklist to be displayed to the user via the interactive communication means following generation of the court document. Suitably, the computer recordable medium comprises computer readable program components configured to cause linking the apparatus to an online electronic filing system for submitting the one or more court 15 documents. Suitably, the computer recordable medium comprises computer readable program code components configured to cause providing at least one search field for a user to enter at least one unique identifier to search for a case or court document. 20 Suitably, the computer recordable medium comprises computer readable program components configured to cause providing the user with at least one permission governing their use of the apparatus via the interactive communication means. Suitably, the computer recordable medium comprises computer 381000.1 10 readable program code components configure to assist in producing a court document comprising: computer readable program code components configured to cause a plurality of hints to be displayed to a user to assist input of at least one 5 response to at least one question displayed to the user for generating the court document. Suitably, the computer recordable medium comprises computer readable program code components configured to cause linking the plurality of hints with a plurality of references to legal provisions relating to court 10 documents. According to a yet further aspect, although again not necessarily the broadest aspect, embodiments of the present invention reside in a system for producing and submitting court documents comprising: the apparatus of claim 1 coupled to be in communication with an 15 electronic court document receiving system via a communications network. Further features and aspects of the present invention will become apparent from the following detailed description. 20 BRIEF DESCRIPTION OF THE DRAWINGS By way of example only, preferred embodiments of the invention will be described more fully hereinafter with reference to the accompanying drawings in which like features have like reference numerals, wherein: FIG 1 is an apparatus for producing court documents according to 3810001 11 embodiments of the present invention; FIG 2 is a system for producing court documents according to embodiments of the present invention; FIG 3 shows an interactive screen for displaying at least one question 5 for a user to provide at least one response; FIG 4 shows further detail of the screen for searching for an existing case or commencing a new case; FIG 5 shows further detail of the screen for selecting one or more court documents to be produced; 10 FIG 6 shows further detail of the screen including an editable field for a user to provide their response; and FIG 7 shows further detail of a Statement of Claim document. DETAILED DESCRIPTION OF THE INVENTION 15 Embodiments of the present invention will be described with reference to the semi-automated generation of court documents. It should be appreciated that embodiments of the present invention can be used to generate court documents for a range of different courts, such as the County Court, the Supreme Court, the Magistrates' Court, the Federal Court and the 20 like. The functionality for the County Court and Supreme Court will be similar as both Courts have similar rules and processes. However, modifications will be present to the Magistrates' and Federal Courts which have different requirements. It will be appreciated that variations need to be made as required. Similarly, while the present invention can be used to produce court 381000_1 12 documents relating to many different types of court actions, for convenience sake the apparatus shall be described in terms of producing court documents for a recovery of land and debt action. The present invention is designed to encapsulate the regulations governing the commencement, 5 default judgment and enforcement processes for applicable case types in the Victorian court system. The regulations governing the commencement, default judgment and enforcement processes for applicable case types in the other state and territory Court systems will be similar but not the same. However, it is envisaged that embodiments of the present invention 10 can be used for the production of court documents for other purposes both in Australia and overseas with appropriate variations that are nevertheless within the scope of the present invention. Referring to FIG 1, the apparatus 100 for producing a court document 200 is provided in accordance with embodiments of the present invention. 15 Examples of such court documents 200 include, but are not limited to, a writ, an amended writ, a statement of claim, an amended statement of claim, a schedule of parties, a court certificate, a search for appearance, an affidavit of service of writ, an exhibit to an affidavit of service, an affidavit of non delivery of defence, a default judgment, an affidavit of calculations of interest 20 in support of judgment, a warrant of seizure and sale, a warrant of possession, an affidavit of calculations in support of warrant and a notice of discontinuance. Detailed examples of these court documents are provided in Appendix Y. The title of each court document will preferably be inserted into the title space, as shown in Appendix Y. The apparatus 100 comprises an 381000.1 13 interactive communication means 150 including a processor 110 operatively coupled to one or more input devices 120, such as a keyboard, mouse, touch screen, controller and/or other suitable input device. Processor 110 is operatively coupled to one or more output devices 130, such as a screen, 5 printer and/or other suitable output device. Processor 110 is also operatively coupled to a storage medium in the form of memory 140. Memory 140 comprises a computer readable medium 141, such as a read only memory (e.g., programmable read only memory (PROM), or electrically erasable programmable read only memory (EEPROM)), a random 10 access memory (e.g. static random access memory (SRAM), or synchronous dynamic random access memory (SDRAM)), or hybrid memory (e.g., FLASH), or other types of memory as are well known in the art. The computer readable medium 141 comprises computer readable program code components 142 for generating the appropriate court document in 15 accordance with the teachings of the present invention, at least some of which are selectively executed by the processor 110 and are configured to cause the execution of the embodiments of the present invention described herein. Examples of apparatus 100 include, but are not limited to, personal, 20 laptop or notebook computers, personal digital assistants (PDAs), portable multimedia devices, mobile telephones and other computing devices. Referring to Figure 2, a system 300 for producing court documents is provided in accordance with embodiments of the present invention. The system 300 comprises one of more apparatus 100 as described above 3810001 14 coupled to be in communication with communications network 302 such as a local area network (LAN) and/or global communications network such as the Internet 306, via conventional wireless and/or wired connections. Apparatus 100 are coupled to be in communication with a storage device 308, such as 5 a server or other computing device, via global communications network 306 and communication network 302 as appropriate. A database 143 comprising document data and a plurality of legal provisions relating to the content of court documents is provided in memory 140 of apparatus 100 and/or in storage device 308 of the system. The 10 database is interrogated on the basis of at least one response to at least one question displayed to the user via the interactive communication means 150 to generate accurate and appropriate court documents as described in detail hereinafter. With reference to FIG 3, a computer implemented apparatus 100 for 15 producing a court document is provided in accordance with embodiments of the present invention. The apparatus 100 comprises at least one interactive screen 400 for displaying at least one question 410 and allowing a user to enter at least one response 430 via the interactive communication means 150. Preferably, the at least one question 410 includes a request for one or 20 more of the following: court particulars, party particulars, title of document, title of form, reference, firm particulars, data handling queries, document handling queries, address, place of trial, mode of trial, claim particulars, judgment details, warrant details, date, affidavit particulars, exhibit particulars, debt details, interest details, and costs. Examples of these 381000.1 15 questions will be illustrated in the Figures and in the Appendices herein. Examples of the questions displayed to a user are illustrated in the left column of the tables in the Appendices. According to some embodiments, at least one hint 420 is provided for 5 one or more of the questions 410 to assist in production of the court document. Examples of the hints 420 are provided in the Appendices and are shown in the right column of the tables shown in these Appendices. Preferably, the hint 420 can be displayed to a user in various manners including one or more of the following: appearing permanently on the screen; 10 appearing temporarily when the cursor is placed on the relevant data to which the hint 420 applies; when a 'help' button (not illustrated) is selected. Preferably, the hint 420 will be displayed to the user in a manner which prevents the hint 420 content from being printed. According to some embodiments of the invention, the hint 420 is linked to a plurality of legal 15 provisions relating to court documents to assist a user in providing at least one response 430 to the at least one question 410. According to some embodiments, each interactive screen 400 is related to a part of the court document production. Part one can be in the form of a log on screen to allow use of the apparatus 100 by the user. Each 20 user will be provided with a unique identifier as their logon. The logon can include at least one alphanumeric character or any other suitable character or combination thereof. Preferably, each user will have at least one permission governing their use of the apparatus 100 via the interactive communication means 150. The 381000_1 16 permission will be attributed to the user's logon to ensure the appropriate screens 400 and/or data is displayed to them. According to some embodiments of the present invention, there are two permission levels including a basic level and a regular level. The basic level allows a user to 5 search and view data only. Preferably, all users will be able to print all documents regardless of which user prepared the document or the user's permission level. The regular level allows a user to search, view, input and modify data. The regular level is ideally for teams of staff who need to be configured such 10 that the team members can view, input and modify data belonging to their team. Each team member must have access to the records of other team members so that the work can be continued in another team member's absence, such as when a person is away sick or on holiday leave. Preferably, temporary permissions can be provided for a temporary 15 staff member, having a start and finish date, to prevent unauthorised access outside of this time. In a further embodiment, it will be acknowledged that additional permissions can be added for users to provide access for performing other functions. For example, authorised users will also be able to produce reports. 20 According to some embodiments of the present invention, the production of a court document 200 can be divided into one or more of the following parts: Part one - Start a case or find a case; Part two - Commencing a new case; 3810001 17 Part three - Firm Details; Part four - Case list details; Part five - Address details; Part six - Claim details; 5 Part seven - Continuing in an existing case; Part eight - Determining action against defendants; Part nine - Search for appearance; Part ten - Affidavit of service choices; Part eleven - Affidavit of service - Person; 10 Part twelve - Affidavit of service - Company; Part thirteen - Affidavit of non-delivery of defence; Part fourteen - Creation of judgment document; Part fifteen - Calculating the debt and any interest payable; Part sixteen - Affidavit of calculations of interest in support of judgment; 15 Part seventeen - Checking forms for accuracy and errors; Part eighteen - Filing forms with the court; Part nineteen - Warrants; Part twenty - Affidavit of calculations in support of warrant; Part twenty one - Modification of documents; 20 Part twenty two - Checklists; and Part twenty three - Court documents to be produced. In order to produce a court document 200 the user is required to select the relevant court for the document 200. As illustrated in Figure 3, the question 410 to be displayed to the user is the court for which the document 381000_1 18 200 is to be prepared. As shown in Figure 3, the apparatus is designed to prepare court documents 200 for the Supreme, County and Magistrates' courts. As illustrated in Figure 3, at least one tab 401 is provided at the top of the screen 400 for selecting the court for which the court document 200 is 5 related. Alternatively, the user can identify the court in response to a relevant question relating to the name of the court. With reference to Figure 4, the screen 400 comprises a case 440 at the top of the second screen and at least one search criteria 450 for enabling a user to locate a case 440. The case 440 can include, but is not limited to, 10 party details 441, user details 442, dates 443, claim particulars 444. According to some embodiments of the present invention, the cases 440 will be displayed such that incomplete cases are shown in date order from the newest to the oldest, followed by complete cases from the newest to the oldest. Preferably, the user will have the option of re-ordering the cases 440 15 as desired for display on the screen 400 and/or to be generated as a report. It will be acknowledged that preferences relating to the layout of the screen and content can be varied by a user. The ability to modify the appearance of the screen 400 will preferably be controlled via the permission attributed to the user. 20 According to some embodiments, a search engine (not illustrated) is provided for allowing a user to navigate through the production of court documents 200. According to some embodiments, the search engine will have search criteria 450 for displaying cases 440 to a user including, but not limited to, case name, court case number and unique identifier (which can be .381000_1 19 a firm assigned reference or other suitable identifier). Questions relating to the search criteria are detailed in Appendix A. At least one case 440, as illustrated in Figure 4, comprising one or more court documents 200 for the team will be displayed to a user when they 5 log on, regardless of their permission level. The user can preferably configure the order in which the cases 440 are to be displayed. For example, all cases 440 belonging to the user can be displayed first, followed by cases 440 belonging to other team members. The additional cases belonging to other team members can be accessed by scrolling down, clicking a button or 10 using any other suitable function to access the remaining records. The user can create one or more court documents 200 they require by selecting one or more court documents 200 from a list provided on the screen 400, as illustrated in Figure 5. Alternatively, it will be acknowledged that the apparatus 100 will be capable of selecting the appropriate court 15 documents 200 dependent on the at least one response 430 entered by a user and the plurality of legal provisions. Preferably, the user will be able to create documents 200 without having to follow any preferred order, particularly the affidavit of service, the amended writ and the amended statement of claim, as these court documents are often required to be 20 produced out of sequence depending on the circumstances of a case. The apparatus 100 is configured to enable tracking of the progress of generating a court document 200. As illustrated in Figure 5, the apparatus 100 comprises an indicator 470 to be displayed on the screen 400 to the user to indicate their progress through the court document production. It will 381000_1 20 be appreciated that the indicator 470 can be provided or omitted from different screens 400 as required. According to some embodiments, the indicator 470 is in the form of an indicator bar comprising a plurality of numbers relating to the parts of court document production, which are 5 highlighted as the respective parts of the court document production are completed. Preferably, the indicator 470 will also show where a part has been started, but is incomplete, for example, where the user exited the court document production before completing a part. This can be shown by partial colouring of the number on the indicator 470 for that relevant part. This will 10 allow the user to easily identify where they exited last time and click on it to continue. In further embodiments of the invention, it will be acknowledged that the indicator 470 may take on different styles or forms. In some embodiments, the apparatus 100 can provide at least one prompt (not illustrated) when a user logs on to provide the user with the 15 option to continue working on an uncompleted court document, resume working on the uncompleted document later or delete the previous uncompleted document. The user will preferably be able to choose whether the prompts re-appear the next time they logon or remain hidden. Where the user decides to create a new case 440 they will be directed 20 to part two. When commencing a new case, the user will be required to complete parts two to six, which relate to parties names, firm details, list details, address details and claim details respectively. With reference to Figure 6, at least one editable field 460 will be displayed on the screen 400 to enable a user to input at least one response 430 to provide these details. 381000_1 21 The response 430 input by the user will then be used to generate each document 200 required for that case 440. Part two of the court document 200 production enables a user to enter the party details into the apparatus 100 by answering the questions listed in 5 Appendix B. According to some embodiments, a designation will be allocated to each party entered so that the party details can be recalled as required when generating the appropriate court documents 200. The apparatus 100 can calculate the number of parties entered when populating the party details for the court documents 200 and determine whether it is necessary to 10 prepare additional documents, such as a schedule of parties when there are three or more parties listed for particular court documents. The number of parties entered will also determine whether the language on the court document 200 should be plural or singular. For example, if more than one party is input as the Plaintiff, the word 'Plaintiff will be changed to 'Plaintiffs' 15 on the court document 200. The first time a user logs on to the system, they will be required to enter the details of the firm which will be common to all generated court documents 200. Preferably, the firm details will be automatically applied to each case 440 and court document 200 generated. An example of the firm 20 details is provided in Appendix C. The firm's details should be the same for every document in every case for a user. Once these details have been set up, it is anticipated that they will rarely need to be modified. Preferably, the firm's details will still be presented to a user for each new case so that the details can be checked 381000 1 22 and modified if necessary, prior to generating one or more new court documents 200. The firm details can be modified via a modify button, overtyping or any other suitable action. Modification of the firm details is outlined in Appendix D. 5 Part four for producing a court document requires a user to enter the list details for the case. An example of the list details required is provided in Appendix E. The user must also enter all the necessary address details in the fifth part of the court document 200 production. These address details can include, but not be limited to, place of trial, plaintiff address and 10 defendant address. Further details regarding the address information which must be entered for this part is outlined in Appendix F. Each case 440 will have claim details which are input by the user in part six of the court document 200 production. The claim details are used to prepare the prayer for relief section 202 which is at the end of the Statement 15 of Claim document 201, illustrated in Figure 7. The prayer for relief 202 is a summary of the relief sought against each Defendant. The statement of claim document 201 forms part of the writ and is pre-formatted in accordance with the relevant court rules and can be stapled within the writ once it is printed. The questions relating to the claim details are provided in Appendix 20 G. The response 430 input by the user for part six will be utilised in the later parts of the court document production process. In particular, the response 430 will provide a default entry for many of the answers required in part fifteen. According to some embodiments, the apparatus 100 will select the 3810001 23 appropriate precedent and populate the prayer for relief dependent on the data entered in part six. In a further embodiment, it will be acknowledged that a firm will be able to store their own statement of claim precedents into the system alleviating much of the typing of the particulars of the claim 203. 5 Where there are no precedents provided, the Statement of Claim document 201 will be generated and the user will be allowed to type the particulars of the claim into a word processing document formatted according to the court rules. These claim particulars 203 can then be inserted into the claim particulars section 203 of the Statement of Claim document 201. Figure 7 10 illustrates the format of the Statement of Claim document 201 indicating where the relevant responses 430 should be provided on the document 201.The apparatus 100 will determine which claims are claims based on the same cause of action, against more than one defendant, and therefore can be claimed together. 15 Once the case details have been entered, the user can continue with the existing case 440 from part seven, as outlined in Appendix I. Alternatively, the user can select to continue with the existing case 440 when they first logon by selecting the appropriate option or selecting a particular case 440 which is listed as incomplete. 20 Production of judgment and warrant court documents require two different processes. A judgment will always have to be entered against a defendant before a warrant can be issued against that defendant. Further, the preparation of these court documents 200 can be completed on the same day or different days. It will be acknowledged that in most instances, 381000.1 24 the judgment and warrant court documents will be issued on separate days, as outlined in Appendix H. Processes one to four in Appendix H show the process for preparing both documents on different days, while processes five to seven show the process for preparing the documents 200 on the same 5 day. The questions for completing part seven are outlined in Appendix 1. In order to generate a judgment or warrant document for the defendant, the user must first select the defendants for whom the documents 200 are to be prepared, as detailed in Appendix J, and input the relevant information for producing these documents 200. The questions to be 10 completed for determining an action against a defendant are in part eight of the process and are detailed in Appendix J. Production of the court document 200 can have one or more silent parts. A silent part will be understood to be a part which is performed in the background and is not visible to the user. An example of a silent part is part 15 nine of the court document production. Part nine involves creation of the search for appearance document which is to be issued as one of the documents necessary in support of judgment in default of a notice of appearance. The search for appearance document will be issued based upon the responses provided in part nine of the court document 200 20 production. The requirements for the search for appearance document are provided in Appendix K. The affidavit of service is required for each defendant listed against whom judgment in default of appearance is to be entered. The user will be guided until they have completed all the affidavits of service of the writ 381000_1 25 required. Part ten which provides the affidavit of service choices is shown in Appendix L. Preferably, there will be different affidavit of service documents for a person and a company. Examples of the information required for the affidavit of service documents are provided in appendices M and N 5 respectively. An affidavit of non-delivery of defence is required for each defendant listed against whom judgment in default of defence is to be entered. An example of the information required for an affidavit of non delivery of defence is provided in Appendix 0. Following are the relief for which a plaintiff may enter judgment 10 against a defendant: . Default Judgment for Possession and costs or; . Default Judgment for Debt, interest on Debt, and costs; or . Default Judgment for Possession, Debt , interest on Debt , and 15 costs. Where there are multiple defendants in a case, a user can enter judgment against each defendant separately on separate forms of judgment on different days, or all on the one day on the same form of judgment. If the claim is for a debt, one or more questions 410 about the debt 20 and any interest will be displayed to the user, as outlined in Appendices P and Q. For example, questions about the amount owing, whether or not there is interest payable, and if any payments have been made etc. One or more response will then be utilised to prepare the judgment document 200 and where applicable, the affidavit of calculations of interest in support of the 25 judgment document. The costs allowed by the court can be calculated by the 381000_1 26 apparatus 100 in accordance with the costs set by the Prothonotary (Principal Registrar) of the Court. The Prothonotary has fixed a sum for costs for the two different types of judgments (in default of appearance and in default of defence). 5 The fixed costs are comprised of the amounts allowed for applicable items in Appendix A to Chapter 1 of the Supreme Court Rules 2005 and the court filing fees payable on applicable forms according to the Supreme Court (Fees) Regulations 2001 and amended by the Monetary Units Regulations 2004 and the Monetary Units Act 2004. The costs claimable on each default 10 judgment to be entered will vary according to the following: 1. whether a judgment has already been entered in a case (this is when the bulk of the costs of the case are awarded) 2. the number of defendants against whom judgment is being entered 15 3. if those defendants are individuals or companies. The system will take these factors into account when preparing the form of default judgment document, calculate the costs accordingly, and insert them into the judgment document and any affidavit of calculations of interest in support of the judgment, as shown in Appendix R. 20 Any interest payable will also need to be calculated based on the responses 430 provided by the user. With the data from the debt and interest table, together with the data about any land claimed from the selected defendants as entered in part six the system can now determine the wording 3810001 27 and populate the applicable parts of the judgment document, and where applicable, the affidavit of calculations of interest in support of the judgment document. The apparatus 100 will decide on the appropriate clause and the data to be inserted into each clause (such as the designation of the 5 defendant) according to the user's responses 430 and the legal provisions in place for this action. Where the judgment is against multiple defendants for more than one type of relief, the apparatus 100 will determine which relief applies to which defendant and word the judgment accordingly. Once the judgment has been entered, the warrant and the affidavit of calculations in 10 support of warrant documents will be generated, as outlined in Appendices U and V respectively. Preferably, the generated court document is saved electronically. The court document can be saved locally and/or on a firm's case management system in a word processing document format, for submission to the Court, 15 or any other suitable format. The apparatus 100 can check the court documents 200 and provide modification functions, as outlined in Appendices S, X and W. Preferably, the user will have the option to send generated court documents 200 electronically. For example, the user will be able to send the court document 200 to their supervisor via email for 20 checking. An email option can be provided once the document 200 has been generated, rather than a user having to select documents from saved documents. In an alternative embodiment, an approval option will be provided to record the user that approved the court document 200. The user will have the option to electronically file the generated court document 200 381000_1 28 through connection to an online electronic filing system of the Department of Justice, as described in further detail in Appendix T. A range of reporting functions are provided for the generation of required reports based on information stored in the database. 5 With reference to Figure 2, in accordance with embodiments of the present invention, the system 300 is therefore provided for producing court documents 200. The system 300 comprises the processor 110 of the apparatus 100 coupled to be in communication with the storage device 308 via communications network 306. According to some embodiments, the 10 storage device 308 comprises the questions 410, the responses 430 thereto input by a user, document data and a plurality of legal provisions for the generation of an appropriate court document. It is envisaged a user will be able to generate one or more reports based on the document data. Most, if not all, of the information required to 15 provide an accurate and useful report for a user is captured by the embodiments of the present invention, thus further reducing the administrative burden on a user. Reports can be saved or emailed to one or more users via the communications network 306. Hence, embodiments of the present invention address or at least 20 ameliorate the aforementioned problems of the prior art. The system 300 and apparatus 100 for producing court documents as described herein provide each user with the ability to quickly generate accurate court documents in a streamlined manner. The associated hints 420 guide the user to ensure the correct responses are entered for generation of the 381000 1 29 appropriate court document 200 with the correct content. The system 300 and/or apparatus 100 generates the documents 200 for a whole court case from the beginning via Writ, to judgment via default judgment rather than judgment by a Judge, and to end via a Warrant to recover the money or 5 property. The questions 410 have been formulated in such a way to ensure, together with the checklists (Appendix X), that each case 440 complies with the myriad of legal and procedural obligations governing the relevant area of law. The calculation of all interest allowable on a debt, ensures that the client will receive all funds it is entitled to under the law. Consequently, 10 embodiments of the present invention minimise the errors in court documents and reduce the likelihood of delays in the court processes. Productivity and profits for users are increased and the possibility of negative impacts on clients is reduced. Furthermore, court backlogs can be reduced because there are fewer delays. Hence, embodiments of the present 15 invention benefit users, clients, the courts and society as a whole thus contributing to the economic benefit of each country in which the invention is implemented. Some examples of court documents 200 to be produced by the present invention are detailed in Appendix Y. Throughout the specification the aim has been to describe the 20 invention without limiting the invention to any one embodiment or specific collection of features. Persons skilled in the relevant art may realize variations from the specific embodiments that will nonetheless fall within the scope of the invention. 381000 1

Claims

1. An apparatus for producing a court document comprising: computer readable program code components configured to cause at 5 least one question to be displayed to a user via an interactive communication means; computer readable program code components configured to cause interrogation of a database based on at least one response to the at least one question input by the user via the interactive communication means, the 10 database comprising document data and a plurality of legal provisions relating to the content of court documents; and computer readable program code components configured to cause generating the appropriate court document based on the at least one response input by the user and the information retrieved from the database 15 by the interrogation of the database.

2. The apparatus of claim 1 comprising computer readable program code components configured to cause consolidating two or more related court documents which are to be generated simultaneously.

3. The apparatus of claim 1 or 2 wherein the court documents 20 include one or more of the following: a writ; an amended writ; a statement of claim; an amended statement of claim; a schedule of parties; a court certificate; a search for appearance; an affidavit of service of writ; an exhibit to an affidavit of service; an affidavit of non-delivery of defence; a default judgment; an affidavit of calculations of interest in support of judgment; a 3810001 31 warrant of seizure and sale; a warrant of possession; an affidavit of calculations in support of warrant; a notice of discontinuance.

4. The apparatus of any preceding claim comprising computer readable program code components configured to cause the at least one 5 question to be displayed to a user via a display screen of the interactive communication means.

5. The apparatus of any preceding claims wherein the at least one question relates to at least one of the following: court particulars; party particulars; title of document; title of form; reference; firm particulars; data 10 handling queries; document handling queries; address; place of trial; mode of trial; claim particulars; judgment details; warrant details; date; affidavit particulars; exhibit particulars; debt and interest details; costs.

6. The apparatus of any preceding claim comprising computer readable program code components configured to cause providing at least 15 one editable field in which the user can enter the at least one response.

7. The apparatus of any preceding claim comprising computer readable program code components configured to cause providing at least one proposed response relating to the at least one question for selection by the user. 20 8. The apparatus of claim 1 wherein the document data includes one or more of the following: a document formatting structure; a document layout; a standard document content.

9. The apparatus of claim 1 wherein the plurality of legal provisions includes one or more of the following: court regulations; court 3810001 32 rules; fixed cost tables; practice guidelines; Acts.

10. The apparatus of any preceding claim comprising computer readable program code components configured to cause calculation of costs based on the at least one response entered by the user and one or more of 5 the plurality of legal provisions.

11. The apparatus of claim 1 further comprising computer readable program code components configured to cause tracking the progress of generating the court document.

12. The apparatus of claim 11 wherein the progress of generating 10 the court document is to be displayed to the user via an indicator.

13. The apparatus of claim 1 further comprising computer readable program code components configured to cause at least one checklist to be displayed to the user via the interactive communication means following generation of the court document. 15 14. The apparatus of claim 1 further comprising computer readable program components configured to cause linking the apparatus to an online electronic filing system for submitting the one or more court documents.

15. The apparatus of claim 1 further comprising computer readable program code components configured to cause providing at least one search 20 field for a user to enter at least one unique identifier to search for a case or court document.

16. The apparatus of claim 1 further comprising computer readable program components configured to cause providing the user with at least one permission governing their use of the apparatus via the interactive 3810001 33 communication means.

17. An apparatus to assist in producing a court document comprising computer readable program code components configured to cause a plurality of hints to be displayed to a user to assist input of at least 5 one response to at least one question displayed to the user for generating the court document.

18. The apparatus of claim 17 further comprising computer readable program code components configured to cause linking the plurality of hints with a plurality of references to legal provisions relating to court 10 documents.

19. The apparatus of claim 1 further comprising computer readable program code components configured to cause one or more reports to be generated based on document data.

20. An apparatus for producing court documents substantially as 15 described herein with reference to the accompanying drawings.

21. A computer readable medium comprising computer readable program code components configured to produce a court document, the computer readable medium comprising: computer readable program code components configured to cause at 20 least one question to be displayed to a user via an interactive communication means; computer readable program code components configured to cause interrogation of a database based on at least one response to the at least one question input by the user via the interactive communication means, the 381000_1 34 database comprising document data and a plurality of legal provisions relating to the content of court documents; and computer readable program code components configured to cause generating the appropriate court document based on the at least one 5 response input by the user and the information retrieved from the database by the interrogation of the database.

22. The computer readable medium of claim 21 comprising computer readable program code components configured to cause consolidating two or more related court documents which are to be 10 generated simultaneously.

23. The computer readable medium of claim 21 or 22 wherein the court documents include one or more of the following: a writ; an amended writ; a statement of claim; an amended statement of claim; a schedule of parties; a court certificate; a search for appearance; an affidavit of service of 15 writ; an exhibit to an affidavit of service; an affidavit of non-delivery of defence; a default judgment; an affidavit of calculations of interest in support of judgment; a warrant of seizure and sale; a warrant of possession; an affidavit of calculations in support of warrant; a notice of discontinuance.

24. The computer readable medium of any of claims 22 to 23 20 comprising computer readable program code components configured to cause the at least one question to be displayed to a user via a display screen of the interactive communication means.

25. The computer readable medium of any of claims 21 to 24 wherein the at least one question relates to at least one of the following: 381000_1 35 court particulars; party particulars; title of document; title of form; reference; firm particulars; data handling queries; document handling queries; address; place of trial; mode of trial; claim particulars; judgment details; warrant details; date; affidavit particulars; exhibit particulars; debt and interest details; 5 costs.

26. The computer readable medium of any of claims 21 to 25 comprising computer readable program code components configured to cause providing at least one editable field in which the user can enter the at least one response. 10 27. The computer readable medium of any of claims 21 to 26 comprising computer readable program code components configured to cause providing at least one proposed response relating to the at least one question for selection by the user.

28. The computer readable medium of claim 21 wherein the 15 document data includes one or more of the following: a document formatting structure; a document layout; a standard document content.

29. The computer readable medium of claim 21 wherein the plurality of legal provisions includes one or more of the following: court regulations; court rules; fixed cost tables; practice guidelines; Acts. 20 30. The computer readable medium of any of claims 21 to 29 comprising computer readable program code components configured to cause calculation of costs based on the at least one response entered by the user and one or more of the plurality of legal provisions.

31. The computer readable medium of claim 21 further comprising 381000_1 36 computer readable program code components configured to cause tracking the progress of generating the court document.

32. The computer readable medium of claim 21 wherein the progress of generating the court document is to be displayed to the user via 5 an indicator.

33. The computer readable medium of claim 21 further comprising computer readable program code components configured to cause at least one checklist to be displayed to the user via the interactive communication means following generation of the court document. 10 34. The computer readable medium of claim 20 further comprising computer readable program components configured to cause linking the apparatus to an online electronic filing system for submitting the one or more court documents.

35. The computer readable medium of claim 21 further comprising 15 computer readable program code components configured to cause providing at least one search field for a user to enter at least one unique identifier to search for a case or court document.

36. The computer readable medium of claim 21 further comprising computer readable program components configured to cause providing the 20 user with at least one permission governing their use of the apparatus via the interactive communication means.

37. A computer readable medium comprising computer readable program code components configure to assist in producing a court document comprising: 381000 1 37 computer readable program code components configured to cause a plurality of hints to be displayed to a user to assist input of at least one response to at least one question displayed to the user for generating the court document. 5 38. The computer readable medium of claim 37 further comprising computer readable program code components configured to cause linking the plurality of hints with a plurality of references to legal provisions relating to court documents.

39. A system for producing and submitting court documents 10 comprising: the apparatus of claim 1 coupled to be in communication with an electronic court document receiving system via a communications network. 381000 1 ABSTRACT A system 300 and apparatus 100 for producing a court document 200 are disclosed. The apparatus 100 comprises computer readable program code components configured to cause at least one question 410 to be 5 displayed to a user via an interactive communication means 150 and computer readable program code components configured to cause interrogation of a database 143 based on at least one response 430 to the at least one question 410 input by the user via the interactive communication means 150, and computer readable program code components configured to 10 cause generating the appropriate court document 200 based on the at least one response 430 input by the user and the information retrieved from the database 143 by the interrogation of the database 143. The database 143 comprises document data and a plurality of legal provisions relating to the content of court documents 200. Once the courts documents 200 are 15 prepared they can be filed electronically, saved or printed or the like. APPENDIX A - CREATE A NEW CASE OR FIND A CASE (PART 1) SUPREME COURT Question two User can start a new case Question two by selecting IIStart a new case I Start a new case or can select an existing case they want from their cases 2 Search by case at the top of their screen name............... or by searching via 2, 3 or 4 3 Search by unique [Start a new case go to identifier ........... art a c se g to Dart 2 commencing a new case 4 Search by court case number Search by case name.............find file and open it and go to part 7 continuing in an existing case Search by unique identifier ........... find file and open it and no to part 7 continuing in an existing case Search by court case number ........... find file and open it and go to pad 7 continuing in an existing case APPENDIX B - ENTERING PARTY DETAILS (PART 2) PARTIES NAMES this is a permanent heading at the top of the screen All parties' names should be in upper case Tip/hint PLAINTIFFS Question one Enter the Plaintiffs in this case First Plaintiff Surname _ _ _ _ _ _ _ First given name.......Second given name ..... Company name ...... ACN......... Second Plaintiff Same set up as above i.e. surname, then first given name and second given name Company name ...... ACN......... ZAdd more Plaintiffs (Need to produce a drop down space to enable the user to enter more Plaintiffs set out the same as the First and Second. Enter from Third Plaintiff up to about 100, maybe in groups of 10 1. One plaintiff looks like: FIRST PLAINTIFF NAME Plaintiff 2. If there are two Plaintiffs then it looks like this: FIRST PLAINTIFF NAME and SECOND PLAINTIFF NAME Plaintiffs 3. For all documents, except for the writ, judgment and warrant, if there are three or more Plaintiffs then it looks like this: FIRST PLAINTIFF NAME and OTHERS Plaintiffs 4. For the writ, judgment and warrant, if there are three or more Plaintiffs then it looks like this: FIRST PLAINTIFF NAME and OTHERS (according to the schedule attached) Plaintiffs DEFENDANTS Question two Enter the Defendants in this case Everything above about the Plaintiff applies to the defendants too. Do the same as above for defendants and substitute the word defendant(s) for the word plaintiff(s) Other business rules for parties names To programmer The parties names once entered must populate every document produced in the case except for a statement of claim. The parties' names do not appear on a s/claim. LuSave When save parties screen, system to check that parties' names are in upper case. If not, display message. Message - Parties names generally appear in upper case. Would you like to change them? ]COk Ok change parties to upper E]Close case then save changes Go to next screen Close Save parties names as they are Go to next screen APPENDIX C - ENTERING FIRM DETAILS FOR COURT DOCUMENT TEMPLATES (PART 3) Date of document: leave blank Filed on behalf of the: Plaintiff (This should stay singular or change to plural, as the case may be when the user enters the parties see Parties section for more information) Prepared by: SOLICITOR FIRM NAME Solicitor's Code: XXXX Solicitors address DX: XXX Melbourne Tel: (03) XXXXXXX Fax: (03) XXXXXXX Ref: XXXXXX E-mail:aaa@bbbb.com.au The very first time a user uses the system they will be required to enter the data listed below numbered 1-5. Fields are required for user to enter these 5 sets of data. 1. Reference The name (not just the initials) of the person in the firm to whom enquiries about the proceeding can be made. Any additional references can be initials and/or numbers. 2. Additional reference This data goes directly after Can be initials and/or the name of the reference numbers. above, separated by a colon see example above. 3. Telephone number In accordance with your firm's policy, normally either - the firm's phone number or that of the person in the firm to whom enquiries about the proceeding can be made. 4. Fax number In accordance with your firm's policy, normally either - the firm's fax number or that of the person in the firm to whom enquiries about the proceeding can be made. 5. E-mail The e-mail address of the person in the firm to whom enquiries about the proceeding can be made. APPENDIX D - MODIFYING FIRM DETAILS When the user gets to the firm's details, all of the details will be complete. The system needs to display the details so the user can check them and be able to modify anything if he/she needs to. Modify any of the Firm's details Make it so all the data in tram by selecting the modify button tracks is able to be modified (put this comment on the either a modify button or screen just overtype etc, whatever is above the tram tracks details) decided for modification. Ensure the hints for each of the following data fields are included in the modification screen - Ref:, Additional ref:, Tel no:, Fax No: and Email: YOUR FIRM'S DETAILS this is a permanent heading at the top of the screen Modify any of the Firm's details by selecting the modify button Date of document: leave blank Filed on behalf of the: Plaintiff (This should stay singular or change to plural, as the case may be from the parties details) Prepared by: SOLICITOR FIRM NAME Solicitor's Code: XXXX Solicitors address DX: XXX Melbourne Tel: (03) XXXXXXX Fax: (03) XXXXXXX Ref: XXXXXX E-mail:aaa@bbbb.com.au Select modify button Modify If user wants to modify Or data in tram tracks Next button Next if user doesn't want to modify data go to part 4 list details Modify After selecting modify button, system takes user to where they can modify this data. Modifications are made by the user and then the user has to save them Save After save go to part 4 - List Save these changes to: LiThis document only details ElIThis case only (from this document forward) GAll documents I create for this Court. LIAll documents I create for this rni irt and thp nthpr APPENDIX E - ENTERING LIST DETAILS (PART 4) LIST DETAILS this is a permanent heading at the top of the screen Question One Should the case be entered into a specialist list? If so, select one only LiCommercial List For Question One FlBuilding Cases List iMajor Torts List Make it so no more than one specialist list can be selected. It is not mandatory to select a specialist list, sometimes a specialist list is not applicable Question Two - What Division There are two Divisions in the Claims for possession fall of the Court's Civil List does Court's Civil List under the Commercial and the case fall under? Equity Division FLCommercial and Equity Commercial and Equity Division Division and Most claims for debt fall LCommon Law Division Common Law Division under the Commercial and Equity Division In question one in List Details (this section) if the user selects one of the three specialists lists, these are the divisions they fall into. RCommercial List Commercial and Equity Division LiBuilding Cases List Commercial and Equity Division [:]Major Torts List Common Law Division When one of the 3 specialists' lists is selected, automatically default the case to the appropriate Division. If user selects specialist list in question one, do not ask the user question two, inactivate it or whatever F1 Save Go to part 5 - address details APPENDIX F - ENTERING ADDRESS DETAILS (PART 5) ADDRESS DETAILS this is a permanent heading at the top of the screen 1. Place of trial- Make Melbourne default Melbourne 2. Mode of trial- Make Judge alone default, other Judge alone option is: Judge and jury 3. This writ was filed for the plaintiff Make plaintiff singular or plural by depending on number of parties default address from initial set up entered in Part 2 The name and address of the solicitors firm needs to go here. Can the programme take that info from the system where it has already been entered when the programme was first set up? For example it will be XXXXX Solicitors Address 4. The address of the plaintiff is- Make plaintiff singular or plural Tip - This must be the plaintiffs depending on number of parties actual address. It cannot be care entered in Part 2 of the solicitors or a PO box. 5. The address for service of the Make plaintiff singular or plural plaintiff is- same address as in 3 depending on number of parties above entered in Part 2. And the address default address from initial set up details are exactly the same as in 3 above 6. The address of the defendant is- Make defendant singular or plural If the defendant is a company, use depending on number of parties the registered business address entered in Part 2 List the defendants by name and designation, and provide a field for the address of each to be entered. Where there are two or more defendants their addresses might be the same so put a function so that address doesn't have to be entered twice. E.g. For each defendant (except the first) put another entry - address same as defendant 1. Make the field for the figure 1 a default field so it can be changed by the user. This address goes into warrant last known address of deft End of address details GO TO PART 6 CLAIM DETAILS APPENDIX G - ENTERING CLAIM DETAILS (PART 6) CLAIM DETAILS this is a permanent heading at the top of the screen To programmer The Statement of claim is part of the writ. We need to provide a pre-formatted 'page' in accordance with the Supreme Court Rules regarding line spacing, font size and margin size etc. The user will need to free type into it and also some data entered by the user in answer to some questions will need to transfer into it Possession clause S referred to in this part means the data is to populate the statement of claim Possession clause J referred to in this part means the data is to populate the judgment form number 5 Where a claim is for a debt only (and no interest), there is a paragraph on the front page of the Writ (costs clause) into which must be inserted the total amount owing at the date the writ will be filed. The purpose of the costs clause is to tell the Defendant that if he/she pays that amount, together with costs allowed by the court, within ten days of being served with the Writ, the proceeding will come to an end. If there is only one defendant, in part 2 parties names, skip question one (or leave it inactive) and go to question two If there is more than one defendant in part 2 parties names, go to question one. Question one Yes go to question two Carefully check whether Is the claim against all the claims are exactly the defendants exactly the No go to question five and same or not. For example same? also remove the costs if the claim against one clause from the Writ in defendant is for the sum of LlYes this case $305,000 and interest at No 10.25%, the claim against all other defendants must be the same, otherwise answer NO to this C. othpossessiofquestion Question two For Question two For Question two What is the claim against User to select one option Possession of land means the Defendantls for? only. Put an error recovering a house and message if user selects land, orjust land. A. uPossession of land more than one Debt with or without B. LlDebt (with or without Error message - you can interest is normally written interest) select only one of these as $305,000 and interest C. Q Both possession of options in accordance with the land and debt loan agreement at the rate If the user selects of 10.75% AElPossession of land go Question two A to question 2A A Combination of Enter the Certificate of possession of land and Title Volume number For question 2A debt is where the claim is The field for entry of the to recover house and land, Certificate of Title Volume or just land; and a sum of Question two B number has to take five money. Enter the Folio number digits. Data from 2A to go to into Question two C possession clause S in Enter the address form 10. lData from 2A to go to into possession clause J in Question two D Form 5 Do you wish to claim go to question 2B interest on the debt? For question 2B lYes The field for entry of the IoNo Folio number has to take three digits. Data from 2B to go to into Question two E possession clause S in Enter the claim amount form 10. $ .... Data from 2B to go to into possession clause J in Form 5 go to question 2C For question 2C The field for entry of the address should be a field where the user can just type the address in. The user has to type the address exactly the same as it appears on the land title. Also they don't type possession clause S in form 10. Data from 2C to go to into possession clause J in Form 5 Remove the costs clause from the Writ that goes with form 10 and go to form 10 for user to free type the rest of the claim ... End of 2C... For question 2D [:Yes go to question 4A []No go to Question 2E For question 2E Data from 2E to go to into possession clause S in form 10. Data from 2E to go to into possession clause J in Form 5 go to form 10 for user to free type the rest of the claim End of 2E... Question Two continued If at question 2 the user selects: B DDebt (with or without interest) go to question three If at question 2 the user selects: C [-Both possession of land and debt go to question 2A 2B 2C and 2D Question three For question 3 Where a claim is for a Is the claim for a debt only, LlYes Go to Question debt only (and no without any claim for four interest), there is a interest? LINo go to question four paragraph on the front DeYes A page of the Writ (costs qtNo clause) into which must be inserted the total amount owing at the date the writ will be filed. pays that amount, together with costs allowed by the court, within ten days of being served with the Writ, the proceeding will come to an end. Rule 5.09 (1) (a) COSTS If the answer to question three is 'Yes', this software will calculate costs allowed by the court and insert them into the costs clause. Question four Auto insert this claim The claim amount is Enter the claim amount amount in the costs clause what is owed by the $ .and auto insert figure for defendant at today's costs in the costs clause. date. When determining Go to form 10 for user to the claim amount take free type the rest of the into account any claim payments made by the defendants to date. Question four A For question 4A For question 4A Is the interest on the debt If the user selects Elan If the debt is as a result of claimed pursuant to: agreement or contract a loan and the terms of Elan agreement or insert into the prayer for the loan include a rates) contract relief in the statement of of interest, you must OR claim (form 10) select El]an agreement or [:the penalty interest 1 at the end of the contract. rates or Statute contract interest rate relief sentence the words 'or When Elan agreement or alternatively', and contract is selected, the 2. On the next line insert system will automatically the penalty interest rate add into the statement of relief sentence being claim an alternative claim 'Interest pursuant to for interest pursuant to the Statute. penalty interest rates or go to question four B Statute. If the user selects Ethe When lthe penalty penalty interest rates or interest rates or Statute is Statute insert into the selected, the system will prayer for relief in the automatically add into the statement of claim (form statement of claim a claim 10) the penalty interest for interest pursuant to the rate relief sentence being penalty interest rates or 'Interest pursuant to Statute. Statute'. Go to question 4E For Question four B For Question four B Use Question four B In addition to question four the current interest rate Enter the current rate of B appearing on the users that applies to the sum interest applicable to the screen, a statement must owing. debt according to the also appear on the screen agreement or contract. permanently. The statement is: .Just enter the figures and Just enter the figures and not the % sign not the % sign. The space needs to be able to receive a figure with four numbers and a decimal point between the second and third numbers e.g. 10.29 which means the rate of interest is 10.29 percent per annum. The figures also need to be in such a way that the calculator can use them to multiply out the interest over a period of time. Go to 4C The answer to four B will be the default entry for part 15, question 3 where the user selects Yes pursuant to agreement or contract For Question four C For Question four C Question four C The claim amount is what Enter the claim amount Go to 4D is owed by the defendant The answer to four C will at today's date. Include in $ .... be the default entry for the claim amount each applicable defendant 1. Any interest for part 15, question 1. outstanding, calculated according to the applicable rates) up to and including today's date. Add this interest to the sum owing and the resulting figure becomes the claim amount. 2. Any payments made to date. Question four D For Question four D Question four D Enter the date up to which Put the date the user is This is the date you used and including interest is using the system as the when calculating interest calculated default date in question four C After user answers to form 10 for user to free type the rest of the claim The day after the answer to 4D will be the default entry for part 15, question 4 where the user selects (Yes pursuant to agreement or contract act. E.g. if the answer to question 4D is 27/1/09 then the default entry for part 15, question 4 will be 28/1/09. Note always use the next day regardless of whether it is a weekend or public holiday. Question four E For Question four E For Question four E Enter the claim amount After user answers The claim amount is the question 4E, remove the amount owning as at $ ....... cost clause from the Writ today's date. The system that goes with form 10 and will automatically add into go to form 10 for user to the statement of claim a free type the rest of the claim for interest pursuant claim to the penalty interest rates or Statute from the The answer to Question date the Writ is filed. 4E will be the default entry for each applicable The writ should be filed defendant for part 15, today or as soon after as question 1. possible to maximise the Plaintiff's claim for mouinterest. Question five For Question five Carefully check if any Select claim against each Have a button that claim against two or more defendant allows the user to defendants is exactly the FIRST DEFENDANT nominate which same. NAME First defendant defendants, if any, have EPossession of land the same claims against For example if the claim rltDebt (with or without them. is: interest) d against the first LTBoth possession of land Have question five set up in defendant and debt a way that it forces, or at possession of land least encourages, the user t against the second SECOND DEFENDANT to nominate which defendant NAME Second defendant defendants have the same possession of the LPossession of land claim against them rather same land LlDebt (with or without than entering each claim * against the third interest) individually. The system defendant n Both possession of land needs to know about possession of the and debt common claims for later in same AND the the programme for sum of $420,000 THIRD DEFENDANT entering judgments and then NAME Third defendant issuing warrants. Both possession of land If user selects any number defendants is the same. and debt of For the third defendant EPossession of land select the option 'Both with any other possession of land and combination of selections, debt'. show the defendants on the screen to whom a claim for possession of land applies (show those defendants where the claim is 1. either just possession or 2. both possession of land and debt) and ask questions 2A, 2B and 2C Note: Questions 2A, 2B and 2C only ever need to be answered once because there is only ever one piece of land claimed per case. and then go to Question 4A and show the defendants on the screen to whom a claim for debt applies (show all defendants where the claim is either 1.just debt with or without interest, or 2. both possession of land and debt) Set up questions 4A, 4B, 4C, 4D and 4E in such a way that user can answer each question for each defendant Remove the costs clause from the Writ that goes with form 10 and go to form 10 for user to free type the rest of the claim If user selects for all defendants only [:]Debt (with or without interest show the defendants on the screen to whom a claim for debt applies and go to Question 4A Set up questions 4A, 4B, defendant If user selects any number of E] Both possession of land and debt with any other combination of selections show the defendants on the screen to whom a claim for possession of land applies (show those defendants where the claim is 1. either just possession or 2. both possession of land and debt) and ask questions 2A. 2B and 2C and then go to Question 4A and show the defendants on the screen to whom a claim for debt applies (show all defendants where the claim is either 1.just debt with or without interest, or 2. both possession of land and debt) Set up questions 4A, 4B, 4C, 4D and 4E in such a way that user can answer each question for each defendant Remove the costs clause from the Writ that goes with form 10 and go to form 10 for user to free type the rest of the claim END OF CLAIM DETAILS APPENDIX H - CONTINUING AN EXISTING CASE - PROCESS AND DOCUMENTS REQUIRED TO BE PRODUCED (PART 7) PROCESS/ 1. Prepare 2. Prepare 3. Prepare 4. Prepare 5 6 Prepare 7. FUNCTION Search for Affidavit Default Affidavit of Prepare Warrant Prepare appearanc of Service Judgment calculations Affidavit prescribed Affidavit e (maybe prescribed of interest of non- form of more than form on judgment delivery calculati oneand sum of onsof when to defence Interest be on produced judgmen t sum 1 Enter Judgment Yes Yes Yes Yes where No No No only - In default there is a of Appearance debt and interest claimed OR 2 Enter Judgment No No Yes Yes where Yes No No only - In default of there is a Defence debt and interest claimed OR 3 Enter Judgment Yes Yes Yes Yes where Yes No No only - In default of there is a Appearance and debt and Defence interest (combination of claimed processes 1 and 2 above) 4 Issue a Warrant No No No No No Yes Yes only (prepare where forms on a there is a different day from debt and judgment forms interest as per process 1, claimed 2 and 3 above) 5 Enter Judgment Yes Yes Yes Yes where No Yes Yes In default of there is a where Appearance and debt and there is a Issue a Warrant interest debt and (prepare claimed interest documents to be claimed issued on the same day) OR 6 Enter Judgment No No Yes Yes where Yes Yes Yes In default of there is a where Defence and debt and there is a Issue a Warrant interest debt and (prepare claimed interest documents to be claimed inci iaon nn thim 7. Enter Yes Yes Yes Yes where Yes Yes Yes Judgment In there is a where default of debt and there is a Appearance and interest debt and Defence and claimed interest Issue a Warrant claimed (prepare documents to be issued on the same day) APPENDIX I - CONTINUING AN EXISTING CASE (PART 7) Question one Question one If you were interrupted or had The user must not proceed Select one of the following into part 8 unless they have to exit the system for some completed all of parts 2 to 6. options other reason before E Return to a part completed El Return to a part completed completing a part, select the record go to the next part the record user Is to complete. This El Return to a part completed will be Part 2-6 or part 8 onwards. record and the system will documents for If any of 2-6 is incomplete it return you to where you Prepare dowill always be that. entering judgment and/or issuing exited. a warrant If 2-6 is complete then it will be part 8 onwards, Alternatively you can click on ElPrepare documents for the "parts completed" entering judgment and/or indicator bar to be returned to issuing a warrant the point where you exited. 1. The system is to check that user has finished parts 2 to 6. If the user has not finished any of parts 2 to 6, do not let ElPrepare documents for them into the next screen, show message entering judgment and/or Message - You have not issuing a warrant completed 'commencing this case' (parts 2 to 6). You cannot proceed until this is done. Do you wish to complete this now? ElYes go to the appropriate screen to continue data entry. ElNo Go to previous screen 2. System to check if user has already started anything from part 8 onwards. If yes - give message Message - You have not completed part XX. You must complete that part before you can proceed further. Do you wish to complete this now? There are 3 choices for this answer EYes go to the appropriate screen to continue data entry. LINo delete the part completed record I will start It again. Go to appropriate part for the user to begin again. LINo Exit Go to previous screen If user had completed 2 to 6 and has no unfinished parts from 8 onwards go to part 8 question one. The following documents For-the write up on these 3 can be prepared by selecting here options El-Affidavit of service (of Writ) L Amended Writ EL-Affidavit of service (of Writ) L Amended Statement of GO to modification of Claim documents L Amended Writ GO to modification of documents rI Amended Statement of Claim GO to modification of documents APPENDIX J - DETERMINING ACTION AGAINST DEFENDANTS (PART 8) Question one When user enters part 8 in a Question one Enter the Supreme Court case case for the first time, they number MUST answer question one Look at a copy of the Writ that ------ of 200- and question two. The case number (question one) and the has been sealed by the court to date writ filed (question two) Question two are only entered once in the determine the case number life of a case. Enter the date the Writ was filed Therefore this can be a screen allocated by the court. pop up into which they enter with Court the data or fields permanently on the screen which can be deactivated when not Question two applicable. ---- - Look at a copy of the Writ that For question one Enter the Supreme Court case has been sealed by the court to number - - -- -of 200- ao to question determine the date the Writ was two For question two filed with the Court Enter the date the Writ was filed with Court - -/- -/------ ao to question It is essential that the correct date three is entered here because the Make entry of the case system uses this date for creating number (question one) and documents for the judgment and the date writ filed (question two) mandatory before warrant processes. proceeding to question 3. Case number is then to populate all documents in the case. Date writ filed used for A. date calculation of interest starts from enter as default in partl5. B. Open calendar for part 11. question 5 at the date the writ was filed or instead can open in the current month the user is typing. For question three If there's only one defendant in a case de-activate or take away "all" option if possible so will just leave the first deft and then they choose j/ment, warrant or tick both boxes. user wants to proceed against and what they want to proceed against them for (either judgment or warrant or both). The user needs something like below (which has been lifted out of proposed screen 4,) which gives the option to select all defendants or to select them individually When user makes a selection at question 3, the system Question three needs to check if any forms for Select the defendants for this defendant have already whom you wish to prepare been prepared or part documents to enter judgment prepared for the process they and/or issue a warrant have selected. 1. The system will first search for a judgment form or warrant form for the selected defendants (as the case may be). 1a lf a judgment form is found message - message a judgment form has already been prepared (or part prepared) for the xxx named defendants. System to take the user to paragraph 2 below if the judgment form is completed, not completed (draft), or to paragraph 3 below if the judgment form is part completed. lb If a warrant form is found message - message a warrant form has already been prepared (or part prepared) for the xxx named defendant/s. System to take the user to paragraph 2 below if the warrant form is completed, not completed (draft), or to paragraph 3 below if the warrant form is part completed. 2. If a completed or not completed (draft) form is found, then message message A form in this process has already been completed, LIView the form - if selected open form for user. E]Proceed to prepare the next form in this process - if selected take user to next applicable part of system FlExit - if selected take user to proposed screen four. 3. If there is a part prepared form, then message Message you exited without finishing a form in this process, would you like to return to that form now? [:Yes system returns user to where they exited LINo - message Message You cannot proceed without finishing the form. If you want to prepare an affidavit of service, select Exit and then select the option El Affidavit of service (of Writ) take user to proposed screen three If you want to delete the part prepared form and then proceed select Delete. If user selects Delete move the part completed form to the delete file and take user to begin that form again. Otherwise select Exit If user selects Exit, take user to proposed screen three. Question three cont. Below is from proposed screen 4 Prepare documents to enter Prepare documents to issue judgment against: warrant against: L All defendants l All defendants 21st defendant -1st defendant Z2nd defendant Z2nd defendant Ll3rd defendant EI3rd defendant Z4th defendant Z4th defendant If selection from left column (enter judgment) go to question 4 If selection from left column fantar indnmant\ nnd middle sections D, E F and G system will take user to section H Warrants ) go to Section H Warrants. If selection made from middle column (issue warrant) but not made from left column (enter judgment) go to Section H Warrants For question four Whether the user selected the defendants individually or used the "all defendants" option when answering question 3: for the layout of question 4, list all defendants individually (as shown below) For question four For each defendant, the user must select from one column only, either the left or middle. If user tries to select both columns for the one defendant display message: Select either in default of Notice of Question 4 Appearance or in default of Select why you are entering Defence. You cannot select judgment against each both for the one defendant. defendant - either in default of Notice of Appearance or in default of Defence. In default of Notice of In default of Defence Appearance [must defendant 1st defendant o2nd defendant th2nd defendant c4th defendant Et4th defendant Programmer note: The selections made at question 4 are to be used to populate form 5 (judgment) at entry three in accordance with the instructions in the ______ ______ ______ ____ I table below._ _ _ _ _ _ _ _ _ _ _ _ _ _ For programmer Note in the table below where you see XXXX named, substitute the designation of the defendant for XXXX e. g. the designation is first, second, third, fourth etc. So sentence will read "In default of appearance by the fourth named defendant" In the left column of question four if the user Then entry 3 in form 5 is to read selects: a defendant because there is only one defendant in In default of appearance by the defendant the case only one defendant from the list of defendants In default of appearance by the XXXX named defendant more than one defendant from the list of defendants (for two defendants) In default of appearance by the XXXX named and XXXX named defendants (for three or more) In default of appearance by the Always list defendants in numerical order e.g. In default of appearance by the first named, third named, twelfth named, fifteenth named and nineteenth named defendants In the middle column of question four if the user Then entry 3 in form 5 is to read selects: a defendant because there is only one defendant in In default of defence by the defendant the case only one defendant from the list of defendants In default of defence by the XXXX named defendant more than one defendant from the list of defendants (for two defendants) In default of defence by the XXXX named and XXXX named defendants (for three or more) In default of defence by the XXXX named, XXXX named, XXXX named, XXXX named and XXXX named defendants Always list defendants in numerical order e.g. In default of defence by the first named, third named, twelfth named, fifteenth named and nineteenth named defendants At question four if the user makes selections from Follow the instructions above for selections made both the left and middle columns then from the left column and selections made from the middle column. Then connect the two sentences with the word "and" to make one long sentence. For example for the selections below In default of Notice of In default of Defence Appearance _0____ -defendant _name 0]'l defendant name 1 '? defendant name 2 nd defendant name EZ2nd defendant name E 4 th defendant name E14 defendant name Entry 3 in form 5 will read: "In default of appearance by the second named and fourth named defendants and in default of defence by the first named defendant" Always start entry 3 with the sentence for the I selections in the left column. PROGRAMMER If the user made selections in the left column only at question 4 (In default of Notice of Appearance) user is to go to part 10 Programmer go to Section E part 9 first and then you will be taken to part 10 If the user made selections in the middle column only at question 4 (In default of Defence), go to __________________________Section F part 13 _______________ If the user made selections in both columns at question 4 , user is to go to part 10 first and then to go to Section F part 13 make sure system does this Programmer go to Section E part 9 first and then you will be taken to part 10 and then go to Section F part 13 APPENDIX K - DOCUMENTS IN SUPPORT OF JUDGMENT IN DEFAULT OF NOTICE OF APPEARANCE -SEARCH FOR APPEARANCE (PART 9) To programmer Create form number one search The user does not come here. for appearance User goes to part J0 If they from part 8 question 4 - For made selections from left any selections in left column column at part 8 question 4 or (In default of Notice of Appearance), system to prepare User goes to part 13 if they made selections from middle Form no.1 (Search for column at part 8 question 4 Appearance). Create one document only. Entry one on form one = all selected defendants in left column (In default of Notice of Appearance) from part 8 question 4, use their designation and name Entry 2 on form one = use the date the document is prepared by the user Programmer Go to part 10 APPENDIX L - AFFIDAVIT OF SERVICE CHOICES (PART 10) Question 1 Affidavit of service is form 2 for A separate affidavit of The programme will now a person and form 3 for a service is required for produce a separate affidavit of company each defendant against service of the Writ for each whom judgment is to be defendant listed below. entered. The programme List names and designations will guide you until you Select one defendant to start: of all defendants who were have completed all the F selected in left column (In affidavits of service of the 1 2 "d defendant Graeme default of Notice of writ you require. Smith Appearance) in part 8 question Af4fa defendant Shirley Tuttle 4 OR For the defendants listed in question 1 the system needs E]Skip creating affidavit of to know whether these service defendants are a company or a person so it knows which form of affidavit to prepare part 2 - parties names. For question When user makes a selection in answer to question 1 1. If defendant is a person, system to go to Dart 11 affidavit of service - person. 2.ef defendant is a company, system to joi to eart 12 affidavit of service - company If user selects LiSkip creating affidavit of service. When the user has chosen to create the affidavits of service after completing part 6 instead of in sequence order. See dart 7, proposed screen for option to create affidavit of service. Go to na 14 APPENDICES M - AFFIDAVIT OF SERVICE - PERSON (PART 11) Affidavit of service - person (form 2) and exhibit to affidavit being sealed writ (form 2a) and exhibit to affidavit being copy of electronic filing confirmation notice r6.17 (4) (Form 2b) To programmer The user needs to be able to access these fields in part 11 and part 12 for creating an affidavit of service after they complete Part 10 but at times, the user will need to access the part 11 and part 12 fields to create an affidavit of service out of sequence, after they finish parts 2 to 6. See proposed screen 3. The user will select the Affidavit of service (of Writ) button on proposed screen three. Go to Item 4 in part 22****this is a link)When completing part 11, a user will often need to prepare more than one affidavit of service but the answers to the questions will usually be the same or only one or two answers will be different. Need a layout so it makes it easy for user to reuse data that has been entered in the fields in part 11. Question 1 Set up fields for entry of Enter Deponent's name deponents name the same as Surname...... for parties' names in section B, First given name...... . . art 2. Second given name...... Name should appear in title case and not bold. The deponent will always be a person, never a company. Doc 2 entry 1 and doc 2a entry 1 and doc 2b entry 1 The user will need to repeat (or some other way) questions 1 to 7 in this part until an affidavit of service has been prepared for all person defendants selected in left column (In default of Notice of Appearance) in part 8. question 4. Once user has finished all affidavits go to part 14 Question 2 Have default entry in Enter Deponent's occupation deponent's occupation of 'Process Server' Also have on drop down list 'Licensed Process Server', 'clerk', law clerk, and Solicitor. Doc 2 entry 2 Question 3 Have industry standard fields Enter Deponent's business for entry of address address e.g building name, floor level, street number. Street name , suburb, postcode etc Doc 2 entry 3 Question 4 Have industry standard fields p.m. Doc 2 entry 4 Question 5 It must be stated in the Enter date defendant served affidavit the date and also the day of the week so system must identify this and put it into the affidavit. Some sort of date list/ calendar to choose from or perhaps can be typed in by user or both options. If use calendar option, calendars should run from 2005 to 2012 when opened by user should open at the date the writ was filed or if too hard then open it at the current month i.e. the month the user is typing (from part 8 question 2 .Doc 2 entry 5 the day of the week and the date. Question 6 Have industry standard fields Enter address at which for entry of address defendant was served e.g street number. Street name, suburb, postcode etc. Also have a field for the entry of non-standard data such as the name of a building or a shop. Doc 2 entry 6 Also in an affidavit of service the defendant and designation are referred to various times. Ensure system puts these in. The system will transfer the users entries made in this part and from other parts of the system into the appropriate areas of the affidavit of service form. The system will prepare exhibit A front sheet for every person (not company) defendant in Question 1 of part 10 ****this is a link*** or all person (not company) defendants selected in question two of Item 4 in Part 22 ****this is a link***(whichever part is applicable) The system will use the answer to question 1 in part 11 to populate entry 1 in exhibit A front sheet. Question seven For question seven If the writ was filed LIYes electronically via the CITEC Was the writ filed electronically If the user selects Yes system confirm website, the with the court? to prepare exhibit B front Prothonotary's Office will have sheet. Use the answer to returned electronically, a 'filing W]Yes question 1 in part 11 to confirmation notice' to your LZtNo populate entry 1 in exhibit B Office together with the sealed front sheet. copies of the Writ. Repeat questions 1 to 6 for A copy (photocopy) of the filing every person (not company) confirmation notice must be defendant in Question 1 of exhibited to every affidavit of part 10 ""this is a link*** or service of the writ. all person (not company) defendants selected in The system will prepare the question two of Item 4 in Part exhibit front sheet and mark it 22 ****this is a as Exhibit B link***(whichever part is applicable) and prepare Exhibit B front sheet for each When all defendants done go to part 14***LINK LINo Repeat questions 1 to 6 for every person (not company) defendant in Question 1 of part 10 ****this is a link*** or all person (not company) defendants selected in question two of Item 4 in Part 22 ****this is a link***(whichever part is applicable) When all defendants done go to eart 14***LINK APPENDICES N - AFFIDAVIT OF SERVICE - COMPANY (PART 12) Question 1 Set up fields for entry of Enter Deponent's name deponents name the same as Surname...... for parties' names in section B, First given name...... part 2. Second given name...... Name should appear in title case and not bold. The deponent will always be a person, never a company. Doc 3 entry 1 and doc 2a entry 1 and doc 2b entry 1 Question 2 Have default entry in Enter Deponent's occupation deponent's occupation of 'Process Server' Also have on drop down list 'Licensed Process Server', 'clerk', law clerk, and Solicitor Doc 3entry 2 Question 3 Have industry standard fields Enter Deponent's business for entry of address address e.g building name, floor level, street number. Street name , suburb, postcode etc ______________________ Doc 2 entry 3 Question 4 Have industry standard fields This is the time the writ was Enter time Writ was posted to for selection and entry of time. put in the letter box. the defendant's registered Or easy way to type in such as address 10.05 and then select am. or The system will word the p.m. sentence as follows: On 12 Doc 2 entry 4 January 2009 I posted by pre paid ordinary post at approximately ### a.m./ p.m. an envelope containing etc. Question 5 It must be stated in the Enter date Writ was posted to affidavit the date and also the the defendant's registered day of the week so system address must identify this and put it into the affidavit. Some sort of date listl calendar to choose from or perhaps can be typed in by user or both options. If use calendar option, calendars should run from 2005 to 2012 when opened by user should open at the date the writ was filed or if too hard then open it at the current month i.e. the month the user is typing (from part 8 question 2 Doc 3 entry 5 the day of the week and the date. statedinthe Question 6 Have industry standard fields A company or registered body Enter the defendant's for entry of address may be served by posting the registered address to which e.g street number. Street Writ to the registered office the Writ was posted. name, suburb, postcode etc. (section 109X (1) and 601 CX Also have a field for the of the Corporations Act 2001 entry of non-standard data respectively). such as the name of a building or a shop. Doc 3 entry 6 Also in an affidavit of service the defendant and designation are referred to various times. Ensure system puts these in. The system will transfer the users entries made in this part and from other parts of the system into the appropriate areas of the affidavit of service form. The system will prepare exhibit A front sheet for every company defendant in Question 1 of part 10 ****this is a link*** or all company defendants selected in question two of Item 4 in Part 22 ****this is a link***(whichever part is applicable) The system will use the answer to question 1 in part 12 to populate entry 1 in exhibit A front sheet. Question seven For question seven If the writ was filed EjYes electronically via the CITEC Was the writ filed electronically If the user selects Yes system confirm website, the with the court? to prepare exhibit B front Prothonotary's Office will have sheet. Use the answer to returned electronically, a 'filing LlYes question I in part 12 to confirmation notice'to your LtNo populate entry 1 in exhibit B Office together with the sealed front sheet. copies of the Writ. Repeat questions 1 to 6 for A copy (photocopy) of the filing every company defendant in confirmation notice must be Question 1 of part 10 ""this exhibited to every affidavit of is a link** or all company service of the writ. defendants selected in question two of Item 4 in Part The system will prepare the 22 *c**this is a exhibit front sheet and mark it linkPr(whichever part is as Exhibit B applicable) and prepare Exhibit B front sheet for each When all defendants done go to Dart 14***LINK FLNo Repeat questions 1 to 6 for every company defendant in Question 1 of part 10 ****this is a link** or all company defendants selected in question two of Item 4 in Part 22 ****this is a link***(whichever part is applicable) When all defendants done eo to xart 14***LINK APPENDIX 0 - AFFIDAVIT OF NON-DELIVERY OF DEFENCE (PART 13) Question 1 Set up fields for entry of deponents Enter Deponent's name name the same as for parties' Surname...... names in section B, part 2. First given name...... Name should appear in title case Second given name...... and not bold. The deponent will always be a person, never a company. The user will need to repeat (or some other way) questions 1 to 4 in this part until an affidavit of non-delivery of Defence has been prepared for all defendants selected in middle column (In default of Defence) in part 8, question 4.***LINK** Once user has finished all affidavits go to part 14 LINK Question 2 Have default entry in deponent's Enter Deponent's occupation of 'Solicitor' occupation Also have on drop down list 'Licensed Process Server', 'clerk', law clerk, and Process Server. Question 3 Have industry standard fields for Enter Deponent's business entry of address address e.g building name, floor level, street number. Street name , suburb, postcode etc Question four The system must use this date Obtain this date from a copy of Enter the date the Notice of and then determine what date 30 the Notice of Appearance that ewas filed with days after will be. When has been sealed by the court. counting 30 days the system This date is used to calculate the Court. must take into account the whether or not the defendant is following: in default of defence and 1. Dy oe o the30 ays therefore must be accurate. 1 . Day one of the 30 days starts from the day after the date entered in question 4 2. where the thirtieth day falls on a public holiday or a weekend, the thirtieth day will be the next day the Court's office is open. 3. the period from 24 December to 9 January shall be excluded. Once calculated, the date is one of the pieces of data the system will insert into form 4. go to part 14 LINK APPENDIX P - CREATION OF JUDGMENT DOCUMENT (PART 14) This is a summary of claims against the defendants for whom you are preparing documents for the entry of Judgment. Do you want to change the claim against any defendants from whom the claim is E]Both possession of land and debt (with or without interest). Make selection/s in column three. Defendant Claim Change claim to 1 't defendant name Debt (with or without interest) 2 nd defendant name Both possession of land and [ Possession of land only debt (with or without interest) 4t" defendant name Possession of land APPENDIX Q - CALCULATING THE DEBT AND INTEREST PAYABLE (PART 15) Defendan Claim Interest Rate of Date interest Date Amount of Date t amount interest per claimed from interest payment paymen annum - claimed made t made to Questio Question Question Question four Question Question six Questio Defendan n one two three Enter the date five Have any n eight t Enter the Are you Enter the rate from which Enter the payments Enter sum claiming Enterert interest is date up been made date SAll claimed interest on f interest claimed to which since the payment entries from the the sum? .................. interest is Writ was filed made for this Defenda Select one .... claimed with the - -/ - - / defendan nt of the Just enter the court? - - t apply to $... following figures and - Default options not the % EiYes drop amount Default sign. Activate Extra down from part selection in questions 7 fields box 6 accordance and 8 required containin with entries [:]No g names this field made at of has to rt 6 Question defendan take No deactivate deactivate deactivat seven ts in this dollars e Enter amount table and EYes Deactivate Default Default paid cents pursuant to Use Interest date......... date..... $...... the penalty rates here Extra fields interest from the required rates or Penalty Statute Interest Rates Act Enter the rate Default Default S Yes of interest date......... date....... pursuant to Default Note: interest agreement amount from can be claimed Extra or contract part 6 from a date fields prior to the date required the writ was with no Just enter the issued (default default figures and date) if it is dates not the % clearly set out entered sign. in the claim. Extra fields Extra fields required required with no r r default dates I entered All entries for The user this answers the defendant are questions the same as-- above for all E -have defendants drop down where the box with claim is names of the debt (with other or without defendants interest), or and their both designations possession in this table of land and debt (with deactivate or without the drop interest) down box in row 2 and any other rows below if user has selected box in row 1 above Where the claim against all defendants is for possession only, none of the following questions in part 15 applies. The system will create the form of judgment and insert the applicable fixed costs. The document will be stored in the file documents to be completed, ready for the user to check. If at Question 3 part 8, the user selected that the wished to issue a warrant also, the system will take the user to Section H, otherwise, the judgment process is complete For question one The default figure QUESTION 1 Default amount from part 6 entered at question 1 Enter the sum claimed from comes form the claim the Defendant/s The fields for figures must be such that they can be amount calculated $......................... .. used in a calculator. when the statement of claim was prepared. Have a space into which the user types the amount in dollars and cents, in figures. This figure should not require adjustment For QUESTION I unless any payment Enter the sum claimed from the Defendant has been made by the $ .............. defendant/s between That amount is to be used by the system to the date the statement calculate interest and is also to go into form 5 and of claim was prepared 6 and today. User enters amount then go to question two Question two Question 2 Hint for question two Are you claiming interest on Default answer from part 6 Are you claiming the sum? The user can only select one of the three options in interest on the sum? Select one of the following question two options In the statement of Are you claiming interest on the sum? claim LilNo Select one of the following optionsifntrsisn LlYes pursuant to the penalty []No go to question 6 accordance with a interest rates or Statute [:Yes pursuant to the penalty interest rates or loan agreement it Statute go to question 4 will usually be FlYes pursuant to agreement expressed as or contract LuIYes pursuant to agreement or contract act 'interest pursuant go to question 3 to agreement at the rate of xx%' if interest is claimed in accordance with the penalty interest rates it will usually be expressed interest pursuant to the penalty interest rates or Statute' If the claim states interest pursuant to either the agreement or alternatively, the penalty interest rates, the interest MUST be calculated in accordance with the agreement rates. Rule 21.03 (1) (a) (i) and (ii) Penalty interest rates can only be used when 1. Interest pursuant to an agreement is not claimed but interest pursuant to the penalty interest rates Act is specifically claimed. Rule 21.03 (1 a ii) allows for interest to calculated pursuant to the penalty interest rates from the date the writ was filed with the court 2. When no interest has been claimed at all. Rule 21.03 (1 a ii) allows for interest to calculated pursuant to the penalty interest rates from the date the writ was filed with the court. Question three For question three The following hints Enter the rate of interest Default answer from part 6 relate to: Question three .. Yes pursuant to the penalty interest rates or Where interest is Just enter the figures and not Statute The user will not enter the rates when this is with a loan agreement, the % sign. selected. These rates will be built into the system in the statement of for the system to calculate according to the claim it will usually be information provided by the user in part 15 expressed as interest interest rate click E on the sum of iEYes pursuant to agreement or contract act $XXXXXX pursuant to In addition to question 3 appearing on the users the agreement at the screen, a statement must also appear on the rate of xx% per annum screen permanently. The statement is: from Just enter the figures and not the % sign /200 The space needs to be able to receive a figure with four numbers and a decimal point between the second and third numbers e.g. 10.29 which means the rate of interest is 10.29 percent per annum. The figures also need to be in such a way that the calculator can use them to multiply out the interest over a period of time Extra fields are required include some sort of drop down or some other way for multiple entries of interest rates go to question four For question four Question four Question four Where answer is EiiYes pursuant to the penalty Enter the date from Enter the date from which interest rates or Statute which interest is interest is claimed claimed Put the answer to question 2 art 8 in as a default Where answer is: date (this is the date writ was filed) EYes pursuant to the penalty interest rates The system must allow the user to change the date or Statute only to a date after the default date. Go to question 5 Interest pursuant to the penalty interest rates Where answer is Act can be claimed only [-]Yes pursuant to agreement or contract from the date the writ was filed with the court Put the answer to Question 4D part 6 in as a or a later date. default date (this is the date writ was filed) Extra fields are required include some sort of drop Where answer is: down or some other way for multiple entries of []Yes pursuant to dates a te Go to question 5agemnorctat Interest can normally be claimed only from the date the writ was filed with the court. However, where interest is claimed pursuant to an agreement, interest can be claimed from a date prior to the filing of the writ if it is clearly set out in the claim. Claims produced by this system can claim interest prior to the date the writ was filed. Question five For question 5 Question five Enter the date up to which Where answer is LIYes pursuant to the penalty Where answer is El interest is claimed interest rates or Statute Yes pursuant to the Default date....... OR penalty Interest rates IZYes pursuant to agreement or contract or Statute OR Put a default date - being the date the user is EYes pursuant to completing this section. agreement or contract The system must allow the user to change the date Enter the date up to and the date can be after the default date. which interest is claimed If the user enters a date before the default date display following message Use the date the affidavit containing the Message: This date should be the date the affidavit calculations of interest containing the calculations of interest is going to is going to be sworn. be sworn therefore it should be today's date or The judgment must be later. entered with the court Go to question six on this day too, or In question 5 where answer is LIYes pursuant interest will be lost for to agreement or contract every day after this. Extra fields are required include some sort of drop down or some other way for multiple entries of dates Go to question six Question six For question 6 Have any payments been Have any payments been made since the Writ was made since the Writ was filed filed with the court? with the court? EYYes activate questions 7 and 8 and gtto EeYes question 7 MNo [-No if user selects 'No' make question 7 and 8 inactive and proceed to calculate interest in accordance with instructions below. tho to dart 16 If the answer to question 6 is No and there is no interest claimed against the defendants in the judgment, the system will not prepare an affidavit of calculations of interest. The system will create the form of judgment and insert the applicable fixed costs. The document will be stored in the file documents to be completed, ready for the user to check. If at Question 3 part 8, the user selected that the wished to issue a warrant also, the system will take the user to Section H otherwise, the judgment process is complete Question seven For question 7 The field for Question seven has to take dollars and Enter amount paid cents $ ........ The system needs to offer the user fields to answer questions 7 multiple times. Go to question 8 Either include some sort of drop down to allow the user to enter multiple entries for questions 7 and 8 Question eight For question 8 Enter date payment made The system needs to offer the user fields to answer - -/ - - / ---- question 8 multiple times. If there is no interest claimed against the defendants in the judgment, but payments have been made, the system will prepare an affidavit in support of the judgment detailing the payments and the new claim amount. Otherwise, -o to part 16 Either include some sort of drop down to allow the user to enter multiple entries for questions 7 and 8 CALCULATION OF INTEREST The system must be able to calculate interest in two ways 1. pursuant to the list of penalty interest rates I provide; and 2. pursuant to the rates entered by the user. If there are multiple entries for a defendant at questions 3, 4, 5, 7 and 8, the system must calculate interest at the different rates on the reducing principal amount of the loan. For example the rate of interest may change 3 times over the life of a debt owed by the defendant and he may have made 2 payments during that time too. The system must be able to take all of this into account and make the calculations accordingly. The system must calculate interest using the answers to part 15 questions 1 to 8 and enter the data in form 6 (affidavit as per example). Form 6 must show details of the calculations including the principal loan amount, 'from' and 'to' dates, the number of days this is, and the rate and amount of interest accrued for each period. Form 5 must show the sum from part 15 question I or if there are entries at questions 6, 7 and 8, the new claim amount and the final figure for interest after calculation With the data from various parts of the system including the debt and interest table, together with the data about any land claimed from the selected defendants as entered in part 6, the system can now determine the wording and populate the applicable parts of the judgment form, and the where applicable, the affidavit of calculations of interest in support of the judgment The system decides which of the four clauses below to insert into form 5 default judgment to appear after the words THE JUDGMENT OF THE COURT IS THAT: The system decides on the appropriate clause and the data to be inserted into each clause (such as the designation of the defendant) according to the user's answers and the legal provisions in place for this action. Where the judgment is against multiple defendants for more than one type of relief, the system will determine which relief applies to which defendant and word the judgment accordingly. Possession J clause The Plaintiff recover from the (Insert point one XXXXX Defendant) possession of the land described in the Statement of Claim on the Writ as all that piece of land being more particularly described in Certificate of Title Volume (insert here answer from question 2A in Part 6) Folio (insert here answer from question 2B in Part 6) and being the land situate at and known as (insert here answer from question 2C in Part 6) in the State of Victoria and the (Insert point two XXXXX Defendant) pay the Plaintiffs costs fixed at $ Debt clause The (Insert point three XXXXX Defendant) pay the Plaintiff $ interest of $ and costs fixed at $ Combined clause I inserts 1,3 The Plaintiff recover from the (Insert point one XXXXX Defendant) possession of the land described in the Statement of Claim on the Writ as all that piece of land being more particularly described in Certificate of Title Volume (insert here answer from question 2A in Part 6) Folio (insert here answer from question 2B in Part 6) and being the land situate at and known as (insert here answer from question 2C in Part 6) in the State of Victoria and the (Insert point three XXXXX Defendant) pay the Plaintiff $ , interest of $ and costs fixed at $ Combined clause 2 inserts 1,3,4 The Plaintiff recover from the (Insert point one XXXXX Defendant) possession of the land described in the Statement of Claim on the Writ as all that piece of land being more particularly described in Certificate of Title Volume (insert here answer from question 2A in Part 6) Folio (insert here answer from question 2B in Part 6) and being the land situate at and known as (insert here answer from question 2C in Part 6) in the State of Victoria and the (Insert point three XXXXX Defendant) pay the Plaintiff $ ,interest of $ and the (Insert point four XXXXX Defendant, pay the Plaintiffs costs fixed at $ Example The Plaintiff recover from the First named Defendant, Second named Defendant, Fourth named Defendant and Sixth named Defendant possession of the land described in the Statement of Claim on the Writ as all that piece of land being more particularly described in Certificate of Title Volume (insert here answer from question 2A in Part 6) Folio (insert here answer from question 2B in Part 6) and being the land situate at and known as (insert here answer from question 2C in Part 6) in the State of Victoria and the First named Defendant, Second named Defendant and Third named Defendant pay the Plaintiff $ , interest of $ and the First named Defendant, Second named Defendant Third named Defendant, Fourth named Defendant and Sixth named Defendant pay the Plaintiffs costs fixed at $ FIXED COSTS SCALE SET BY COURT The system will calculate the costs for each judgment in accordance with the costs set by the Prothonotary (Principal Registrar) of the Court. The Prothonotary has fixed a sum for costs for the two different types ofjudgments (in default of appearance and in default of defence). The fixed costs are comprised of the amounts allowed for applicable items in Appendix A to Chapter 1 of the Supreme Court Rules 2005; and the court filing fees payable on applicable forms according to the Supreme Court (Fees) Regulations 2001 and amended by the Monetary Units Regulations 2004 and the Monetary Units Act 2004. The costs claimable on each default judgment to be entered will vary according to the following: 1. whether a judgment has already been entered in a case (this is when the bulk of the costs of the case are awarded) 2. the number of defendants against whom judgment Is being entered 3. if those defendants are Individuals or companies. The system will take these factors into account when preparing the form of default judgment (form 5), will calculate the costs accordingly, and insert them into the judgment form and any affidavit of calculations of interest in support of the judgment. APPENDIX R - AFFIDAVIT OF CALCULATIONS OF INTEREST IN SUPPORT OF JUDGMENT (PART 16) Question I Set up fields for entry of Enter Deponent's name deponents name the same as Surname...... for parties' names in section B, First given name...... part 2. Second given name...... Name should appear in title case and not bold. The deponent will always be a person, never a company. Question 2 Enter Deponent's occupation Have default entry in deponent's occupation of 'Solicitor' Also have on drop down list 'Licensed Process Server', 'clerk', law clerk, and Process Server. Question 3 Have industry standard fields Enter Deponent's business for entry of address address e.g building name, Floor level, street number. Street name, suburb, postcode etc The figures and dates for the calculations of interest for inclusion in this affidavit come from questions 1 to 8 in part 15**LINK*** The system will create the form of judgment and affidavit in support and insert the applicable fixed costs. The document will be stored in the file documents to be completed, ready for the user to check. If at Question 3 part 8, the user selected that they wished to issue a warrant also, the system will take the user to Section H, otherwise, the judgment process is complete APPENDIX S - CHECKING FORMS FOR ACCURACY AND ERRORS (PART 17) For all forms produced by the system, the user will be able to view the forms as they are created by the system and check them for accuracy and errors. At the end of the production process for each form and/or a group of forms (such as for a judgment and the supporting documentation), the system will enable the user to undertake a form checking process before the form/s is converted to PDF. All forms will have Draft across them until they have had supervisor's approval. This will ensure unchecked forms are not inadvertently filed with the court. The data entered by the user into the system, that subsequently populates a form, will be distinguished from the rest of a form (maybe in a different coloured font or different font type) in a way so that the person checking the form can quickly and easily check the appropriate parts only. Form checking process. 1. User to check the form for accuracy and errors. 2. User makes any necessary changes through system, then changes filter through system to applicable forms. Forms for checking will be in a format such that no changes can be made on the actual document. 3. User to check the form for accuracy and errors again. 4. When satisfied with form/s, user emails (or prints and gives) the form/s to a supervisor, normally the supervising solicitor, for checking and approval to file with the court. User will click a button to email the document/s which will automatically attach to the email, and insert the supervisor's email address in the address field. The system administrator or a member of LitiGator Software staff will set this up when configuring teams and security levels when programme is first 'purchased' by a law firm. The approval process for each team can be individually configured. The team may be highly qualified and therefore the supervisor is happy for all forms to be checked between the legal secretaries, or by the creator of the forms. Alternatively the supervisor may wish to see and approve every form. 5. Supervisor will have several options to choose from in email. They are as follows: * Forms approved, proceed to file and serve. * Make changes as noted below and then proceed to file and serve. " Make changes as noted below and return to me for checking " Make changes as per printed copy and then proceed to file and serve. " Make changes as per printed copy and return to me for checking 6. Once the forms have final approval and are ready for filing with the court, the user selects the 'complete forms' button. The forms that are awaiting final approval will show in a drop down list. The user selects those that have been approved either individually or as a group. This process will remove the word draft and PDF the form/s. The forms are now deemed 'completed' by the system and can be viewed by selecting the view completed forms button at the bottom of each screen. Proposed screen three First party name v. Second party name and Third party name JL23/08 1 2 3 4 5 6 Document type Created by Date created Writ User name 20/12/08 Statement of Claim User name 20/12/08 The following documents can be prepared by LI Return to a part completed record selecting here LI Prepare documents for entering judgment EI-Affidavit of service (of Writ) and/or issuing a warrant LI Amended Writ L1 Amended Statement of Claim l Modify L View completed forms EINext 7. Any time a user selects view completed forms button and then selects a form from the drop down list, the system gives the user the option to also view and/or print the checklist for that document. The checklist contains the details of other procedural steps that must be taken (according to the court rules and other regulations) before the document can be filed and served. For example where the form is an affidavit the checklist will contain details of the occupations before whom an affidavit can be sworn, who has to sign where on the affidavit, and any court filing fees payable. 8. Once a form has been 'completed', modifications to it can only be made through the modification feature of the system. APPENDIX T - FILING FORMS WITH THE COURT (PART 18) Filing forms in the court registry To print a completed form for filing, the user selects the view completed forms button at the bottom of each screen and selects the applicable form/s from a drop down list. A completed form/s can then be printed for filing in the court registry in person by the firm's law clerk or can be filed electronically by selecting the 'file electronically' button. The 'file electronically' button will take the user to CITEC confirm website where the user logs in (with a pre-arranged log in for the firm) and follows the instructions to email documents to the court. See link below for website login. http://www.confirm.com.au/citecConfirm/serviceAreas/subAreas/leqal supremecourt efilinq.shtml APPENDIX U - PREPARING A WARRANT (PART 19) A user will want to prepare a warrant either 1. Immediately after preparing a default judgment and the associated documents. This table is from Part 8, Question 3 Prepare documents to Prepare documents to enter judgment against: issue warrant against: C All defendants ] All defendants [ 1 s' defendant name [Z 1 st defendant name [22" defendant name [ 2 2d defendant name F3rd defendant name F3rd defendant name [4 defendant name [4th defendant name For example in the scenario in the table above (from Part 8, Question 3) after the user has finished preparing the documents for entering judgment against the first, second and fourth defendants the system will provide the user with the option to carry out Part 17 (checking and 'completing' the forms) or proceed to part 19 (here) and prepare the warrant documents and leave Part 17 to the end OR 2. At some time after the default judgment (and the associated documents) have been prepared and filed with the court. For example the next day or some months later. In this situation, the user will log in to the system, and select the case-from their list of cases at the top of their screen. Once selected they see this screen The screen below is proposed screen 4 taken from part 8 SUPREME COURT first party name v. second party name and third party name Document type Created by Date created Writ User name 20/12/08 Statement of Claim User name 20/12/08 Enter the Supreme Court case number ------ of 200 Enter the date the Writ was filed with Court Select the defendants for whom you wish to prepare documents to enterjudgment and/or issue a warrant Prepare documents to enter judgment Prepare documents to issue warrant against: against: F All defendants LI All defendants F1 st defendant name R 1 defendant name LI 2 nd defendant name 02"d defendant name 13rd defendant name L3r defendant name E4' defendant name LI4n defendant name l Modify L View completed forms ENext The user will select the defendants against whom they want to prepare warrant forms (question 3 in part 8). That is done by making selections from the right column only (Prepare documents to issue warrant) in the screen above Note: Judgment can be entered against a defendant in a case only once. More than one Judgment can be enforced in a warrant. For example if judgment was entered against the first defendant on 10/1/09 and against the second and third defendants on 20/1/09, one warrant can be issued against all three defendants. Once the system knows which defendants the user wishes to proceed against, the system will carry out a number of steps in relation to those defendants. It will 1. Look at judgments for this case in the 'completed forms' category and the 'not completed' (haven't yet gone through Part 17 (checking and 'completing' the forms) to ensure that judgment has been entered (or is about to be entered) against the defendants being currently proceeded against If there is not a judgment for one or more of the defendants then message Message Judgment has not been entered against the XXXnamed defendant, do you want to prepare the judgment documents now? Yes takes the user to part 8 question 3 No takes the user back to proposed screen three at the start of part 7 2. Look at judgments for this case in the 'completed forms' category and the 'not completed' (haven't yet gone through Part 17 (checking and 'completing' the forms) to check if there has been judgment entered but no warrant issued against any of the other defendants (not being proceeded against). (a) If yes and judgment was entered against this defendant on the same judgment form as the defendants being proceeded against, then show message Message: Default judgment has been entered against the XXXX named defendant. If you wish to enforce the judgment against this defendant you must do so in this warrant. You cannot issue a separate warrant in the future. Do you want to include this defendant on this warrant? RYes RNo If the user selects LlYes the system will 'add' the defendant to the group being proceeded against. System goes to next step LNo the system will not 'add' the defendant to the group being proceeded against. System goes to next step (b) If yes and judgment was entered against this defendant on a different judgment form as the defendants being proceeded against, then show message Message: Default judgment has been entered against the XXXX named defendant. Do you want to include this defendant on this warrant? RYes LNo If the user selects LlYes the system will 'add' the defendant to the group being proceeded against. System goes to next step RNo the system will not 'add' the defendant to the group being proceeded against. System goes to next step 3. Look at warrants for this case in the 'completed forms' category and the 'not completed' (haven't yet gone through Part 17 (checking and 'completing' the forms) to ensure that a warrant hasn't already been issued (or is about to be issued) against any of the defendants being currently proceeded against. If a warrant is located then show message: a warrant has been prepared for this defendant and is complete/ not complete (whichever the case may be). (a) For a completed warrant - Has the warrant been issued by the court? Yes then show this message - message if the warrant has expired, request the Sheriff to return the warrant to the court. Once returned, a new warrant can be issued. Then an exit button for user to select after reading message. Exit screen and go to proposed screen three at start of part 7 No select one of the following: LuModify the completed warrant go to modify function for a warrant ElDelete the completed warrant and proceed with this warrant. System will move the warrant affidavit of calculations in support (where there is one) to the 'deleted forms' file. They will not be deleted from the system but held in this file and can be recovered. (b) For a 'not completed' warrant select one of the following: ElModify the not completed warrant go to modify function for a warrant []Delete the not complete warrant and proceed with this warrant. System will move the warrant and affidavit of calculations in support (where there is one) to the 'deleted forms' file. They will not be deleted from the system but held in this file and can be recovered. 4. Before the court will issue a warrant of possession, the Plaintiff must either enter judgment against all defendants from whom they claim possession (as detailed in the statement of claim part 6) or enter judgment against one defendant and discontinue the case against the others. System will check what claim user wishes to issue a warrant for. If possession of land, system will check claims against all defendants in case for any other possession claims. If claim for possession is found against another defendant, the system will then check judgments for this case in the 'completed forms' category and the 'not completed' (haven't yet gone through Part 17 (checking and 'completing' the forms) to ensure that judgment has been entered (or is about to be entered) against that other defendant. If judgment has been entered against the other defendant the system will proceed to the next step. If judgment has not been entered against the other defendant the system will show a message Message: You are claiming possession of land in the warrant. Before the Court can issue the warrant for the land, you must either enter judgment or discontinue against the XXXX named defendant Question one Do you want the system to prepare a Notice of Discontinuance against this defendant now? LlYes ENo LExit If the user selects FLYes the system has all the data it needs to prepare this form now. The system will prepare it automatically without the user having to do anything and will then put it with the 'not completed' forms to await checking. Go to next step [:]No Exit screen and go to proposed screen three at start of part 7 Exit Exit screen and go to proposed screen three at start of part 7. A summary of the judgment entered against each of the selected defendants will be displayed to the user on the screen and the system will ask the user questions related to that information. Where the user is enforcing two or more forms of judgment on the one warrant, the details of the first judgment will be displayed and the user will answer questions one A to 9 below, relating to the enforcement of that judgment, before moving onto the next judgment and so on. Question one A For Question one A For Question one A Check a If the Court This question is in the event the user has copy of the default judgment changed the fixed made a mistake at the beginning of the sealed by the court. If any costs on a sealed case when entering parties details by changes were made the copy of the entering a defendant who is a company as systems data must be modified judgment, enter a person or vice versa. One of the criteria to reflect these changes the new figure for calculating the costs is category of otherwise the warrant will be $ defendant, either a company, or person incorrect and the costs are different. The user can enter the correct amount of costs as changed by the court and the system will use this amount where appropriate in the warrant form and affidavit of calculations form Go to question two ifferen Question two Where the judgment against a Select the For Question two defendant is for a combination of following option Where the judgment against a defendant is possession of land together with if you want to for a combination of possession of land a debt (with or without interest), enforce together with a debt (with or without interest), the plaintiff can choose not to possession of the plaintiff can choose not to enforce the enforce the judgment for the land only against judgment for the debt, but enforce the debt, but enforce the judgment the judgment for the land only. For all for the land only. XXX defendant, defendants where the judgment was for both, the system must ask question two for each Note: By defendant. selecting this option, the If the user selects the box at question two, judgment for debt question three for that defendants will against the become inactive because it will no longer be abovenamed applicable. Go to question three unless the defendant can warrant against all defendants will be for not be enforced possession and costs only, in which case t g in the future. to question four II Enforce If the user does not select the box at judgment against question two, go to question three the abovenamed defendant for possession of land only. Summary of the judgment entered against each of the defendants selected at Part 8, Question 3 Defendant Judgment was entered Question three against this defendant for Do you wish to claim the following? Then go to Question 3A 1 St defendant Question three A name 1. possession of land 2 Interest on debt Have any payments been 2. $625,000 and interest made since the Judgment 3. interest of $2,659, and This will be selected was entered 4. costs fixed at $2,800 (as Yes) by default L:Yes Activate questions 3B and3C ELNo go to question 4 Question three B Enter amount paid $......go to question 3C Extra fields required Question three C Enter date payment made go to next defendant or if there is none go to question 4 Extra fields required 02nd defendant Question three not Questions 3A, 3B and 3C name 1. possession of land applicable where are applicable only to 2. costs fixed at $2,800 judgment is for claims for debt go to next possession of land defendant or if there is and costs only. none go to question 4 Go to question 4 E4th defendant E Interest on debt Question three A name 1. $625,000 and interest Have any payments been 2. interest of $2,659, This will be selected made since the Judgment and (as Yes) by default was entered 3. costs fixed at LlYes Activate questions $2,800 3B and3C TiNo go to question 4 Question three BS Enter amount paid $. go to question 3C Extra fields required Question three C Enter date payment made go to next defendant or if there is none go to question 4 Extra fields required Question four You cannot choose to enforce Are you claiming For Question four the costs against some the costs fixed by If more than one judgment is being defendants and not others in the court? enforced on one warrant do not ask this this warrant. Costs must be question for the second judgment, use the enforced either against all CYes same answer as given for the first defendants or none of them. LNo judgment. LlYes LINo If user selects LJYes system will calculate and insert the costs in the warrant form and where applicable, the affidavit of calculations of interest in support of the warrant form go to question five EjNo Go to question six ELNo If the warrant against all defendants will be for possession and costs only, go to Question 8 Question five Are you claiming For Question five interest on the costs fixed by the If more than one judgment is being court? enforced on one warrant do not ask this question for the second judgment, use the LlYes same answer as given for the first LINo judgment. LlYes LINo If user selects EYes system will calculate interest on the costs and insert the figure in the warrant form and affidavit of calculations of interest in support of the warrant form go to question six LI No If at question three, the user answered Yes, interest would be claimed on the debt, Go to question six LINo If at question three, the user answered No, interest would not be claimed on the debt, go to question eight Question six Take this date from a copy of the Enter the date For question six default judgment sealed by the default judgment The default date for this question is from court was entered by the part 15 question 5.This date is the date from This date is the date from Court against which interest is calculated on the judgment which the system start these defendants (any debt, any interest and any costs as calculating interest on the appropriate according to the preceding judgment amount (any debt, -- /--/---- answers) up to and including the date of any interest and any costs) up swearing the affidavit in support of the to and including the date of warrant. swearing the affidavit in support of the warrant. Interest is calculated according to the Penalty Interest Rates regardless of whether the Interest is calculated initial debt carried interest at a rate according according to the Penalty to a contract or not. Interest Rates regardless of whether the initial debt carried This date is used in all warrant forms and the interest at a rate according to affidavit of calculations of interest in support a contract or the penalty of the warrant form. interest rates or none. Go to question Seven This date is used in all forms of warrants where interest is claimed and the affidavit of calculations of interest in _support of the warrant Question seven The system will use this date together with The interest must be Enter the date the the data in questions t to 9 to prepare the calculated up to the date of affidavit of interest warrant form and the affidavit of calculations swearing the affidavit of calculations in of interest in support. calculations in support. Rule support of this 68.04 (3) (c) (iii) warrant will be sworn.interestratesornon Question eight The addresses come from part 5 question Are the last 6 being the parties address details for the known addresses Writ. for the Show the name and designation of each defendant/s defendant for whom this warrant is correct? against and show the addresses as defaults for each defendant from the entries made in part 5 question 6. Where a warrant is executing for possession of land and costs (but no interest on costs) the system will prepare the warrant of possession form using the data entered in this part and other parts of the system. The system will also insert the costs allowed on a warrant as set by the Prothonotary. Explanation: The system will check the details of judgments to be executed for, against each defendant (Note where more than one judgment form is being executed for on a single warrant, the system is to check the details of all those judgments) in the summary table and where all claims are for possession and costs, it will check if user has answered No at question 4. If answer to question 4 is No System creates warrant and asks user if they wish to proceed to part 17 - the form checking process Otherwise go to question nine Question nine Show the name and designation of each Enter the address defendant for whom this warrant is against, of the place it is and show the addresses as defaults for each believed the defendant from the entries made in part 5 property of the question 6. defendant/s may be found If any changes are made to the addresses at question 8, make the same changes to the addresses at question 9. The addresses come from part 5 question 6 being the parties address details for the Writ. More than one Judgment can be enforced in a warrant. For example if judgment was entered against the first defendant on 10/1/09 and against the second and third defendants on 20/1/09, one warrant can be issued against all three defendants. Where the user is enforcing two or more forms of judgment on the one warrant, the details of the first judgment will be displayed and the user will answer questions 1A to 9 relating to the enforcement of that judgment, before moving onto the next judgment and so on. If there's more than one judgment to be enforced, system to display details for next judgement and user answers questions 1A to 9. The system will prepare the warrant of Seizure and Sale using the data entered in this part and other parts of the system. The system will also insert the costs allowed on a warrant as set by the Prothonotary. Where a warrant is executing for any claim other than possession and costs (with no interest claimed) (as explained above), go to affidavit of calculations in support of warrant, part 20 APPENDIX V - AFFIDAVIT OF CALCULATIONS IN SUPPORT OF WARRANT (PART 20) Question I Set up fields for entry of Enter Deponent's name deponents name the same as Surname...... for parties names in section B, First given name ...... part 2. Second given name...... Name should appear in title case and not bold. The deponent will always be a person, never a company. Question 2 Enter Deponent's Have default entry in occupation deponent's occupation of 'Solicitor' Also have on drop down list 'Licensed Process Server', 'clerk', law clerk, and Process Server. Question 3 Have industry standard fields Enter Deponent's business for entry of address address e.g building name, Floor level, street number. Street name, suburb, postcode etc The figures and dates for the calculations of interest for inclusion in this affidavit come from questions I to 9 in part 19 APPENDIX W - MODIFICATION OF DOCUMENTS (PART 21) ONE Modify a form To modify any form, a user will click their cursor on the relevant form at the top of their screen and then select the modify button at the bottom of their screen. See screen below Modifying a form is different from accessing a partially completed form. For example where a user logs out of the system before completing the questions for a form, the system will indicate that the document is only part complete and the process** to which that document relates is only part complete by showing the part numbers of the process and colouring those that have been finished. **The process means one of four processes carried out by the system 1. Commencement process parts 2 to 6 2. Judgment process parts 8 to 16 3. warrant process parts 19 to 20 4. Uplifted Magistrates' Court case Proposed screen three part 7 First party name v. second party name and third party name JL23/08 1 2 3 4 5 6 Document type Created by Date created Writ User name 20/12/08 Statement of Claim User name 20/12/08 The following documents can be prepared by LI Return to a part completed record selecting here LI Prepare documents for entering judgment L-Affidavit of service (of Writ) and/or issuing a warrant L Amended Writ L Amended Statement of Claim L Modify El View completed forms LINext 1. Click on form 2. Select modify button 3. System asks do you want to modify LI this form or LOthis group of forms or LI data common to all documents 'This group of forms' means the forms created by each of the four processes 1. Commencement process parts 2 to 6 2. Judgment process parts 8 to 16 3. warrant process parts 19 to 20 4. Uplifted Magistrates' Court case process For example the group of forms for the judgment process might be a search for appearance, an affidavit of service, exhibit A to the affidavit of service and the form of default judgment. The user is given the option to access an individual form or a group so a user familiar with the system and court forms, can open the data entry screen for an individual form without having to click through every screen to find the field they want to change. The group of forms option allows a user who is not familiar with court docs and the system to click through the screens to locate the data they want to change. The group of forms option is also useful when a large change has to be made and the user knows they will need to modify a number of documents. For example if the user has forgotten to select a defendant for inclusion in the group of forms for a default judgment process they just created, the user will be required to answer all of the relevant questions for that added defendant from the start of part 8. Instead of trying to determine how to go about that, the defendant can click on any one of the forms in the group for that judgment, and select the group option. The system will take the user to the start of the data fields for that group of forms (in this example part 8) and guide the user through the relevant questions according to the changes he makes. 4. User makes selection, either M this form or Elthis group of forms 5. System checks if selected forms/s are completed or not completed (draft) in accordance with part 17, checking forms 6. For not completed (draft) forms system will (in accordance with users selection at step 4 above): (a) open individual document or (b) open group of commencement process forms at part 2 or (c) open group of judgment process forms at part 8 or (d) open group of warrant process forms at part 19 or (e) open group of uplifted Magistrates' Court case process forms 6 (a) User makes changes and s stem will alert the user about a potential error. For example where the user selects this form (at step 4 above) and the change they are trying to make will affect other documents in the group, the system will alert the user and give them options. 6 (b) User makes changes and system will guide user through the questions they are required to answer to complete the modification correctly 6 (c) User makes changes and system will amend forms or create new forms accordingly and store those forms in the not completed (draft) file. It will also remove any superfluous forms and move them to the deleted forms file Example if a user has just created the forms to enter judgment in default of appearance against the first and second defendants in a case and the user realises judgment against the first defendant should have been in default of defence the following occurs. * The user clicks any one of the documents in the group at the top of her screen and selects modify button " User selects this group of forms at step 4 " System determines forms are not completed (draft) at step 5 " System takes user to part 8 of system and user can access data fields to make changes. * At part 8 question 4, user deselects in default of appearance for the first defendant and selects in default of defence instead. * System 'removes' first defendant from (body of, not the title) search for appearance form and amended form is stored in not completed (draft) file " System moves the affidavit of service and exhibit against the first defendant from the not completed (draft) file into the 'deleted forms file' * System takes user to part 13 affidavit of non-delivery of defence to answer the questions. Once answered the system stores the affidavit in the not completed (draft) file " System amends the body of the default judgment form to reflect changes. Amended form is stored in not completed (draft) file 7. For completed forms system will ask Have the form/s been filed with the court and/or served? E Yes ENo El No system will allow user in and give the user the same modifications functions as set out above. This will address the situation where forms have gone through the checking process in part 17, the forms have been approved as correct, their status has changed from not completed (draft) to 'completed' and before the forms are filed or served, a mistake is found in them. LI Yes where a form has been filed and/ or served, in most instances the form cannot be changed. The court rules do provide however, for amended copies of some forms to be filed and served to correct the mistake or anomaly in the original form. If the form is a Statement of Claim, system message: You cannot modify this form here. Use the Amended Statement of Claim button. Go to question one below If the form is a writ, system message: A writ cannot be modified unless there is a court order granting permission. If there is an order, use the Amended Writ button. Go to question three below If the form is any other document, system message: This form cannot be modified unless there is a court order granting permission. If there is a court order, see your manager who will provide access to the data to enable the modification. Do not go anywhere; user can stay on that screen being proposed screen three in part 7 TWO AMENDED STATEMENT OF CLAIM Question one For Question one A statement of claim can only Has the statement of claim be amended once without been amended previously? El Yes permission from the court. If El Yes Show message. A statement the statement of claim has r- No of claim can be amended once already been amended a court only without permission from order is required for any further the Court. amendment. Rule 36.03(a) Exit button User selects exit and is taken back to proposed screen 3 in part 7 El No go to question two Question two For Question two The particulars of claim in a In the statement of claim, do 1 Any amendments need to be statement of claim commence you want to amend distinguished from the original under the heading El the particulars of claim or claim in a way that they are STATEMENT OF CLAIM and [:1 the prayer for relief easily identifiable, such as finish before the words AND or underlining the words as they THE PLAINTIFF CLAIMS. El both are typed. The prayer for relief is 2. When the changes are everything after the words saved, the system will apply AND THE PLAINTIFF the changes to future forms CLAIMS. created. For example where the description of land is If you need to amend data in corrected, the land description both areas, select E both and in future documents will be the system will guide you correct. through both areas. When saving the changes the Any amendments will be user will have the option to underlined to distinguish them save them to not completed from the original statement of (draft) forms. claim (in accordance with Rule 36.05 (4)) This will cover the situation where the user has prepared Note the parties names cannot some forms e.g. the forms to be amended without a court enter default judgment but order. Select the amended writ didn't prepare the amended option for further details. statement of claim first. The user can select the individual not completed (draft) forms to which the changes should be applied. 3.System to change the words at the top of the first page to 'Amended Statement of Claim' 4.Possible answers to Question two [E1 the particulars of claim Where a user selects this option, the system will take the WhensavinthechangstheAnyamendmentswillbe When finished, the user selects the save modifications button. System will give message changes saved. System takes user back to proposed screen three in part 7 The amended statement of claim is stored in the not completed (draft) file and can be viewed by the user or E] the prayer for relief System takes user into part 6 (claim details) where user can modify data which will amend the prayer for relief. These changes will also be used by the system when preparing a judgment and warrant System will guide user through the questions they are required to answer to complete the modification correctly. When all questions are answered the system asks Do you wish to save changes El Yes - changes saved and system takes user back to proposed screen three in part 7 El No - changes not saved and system takes user back to proposed screen three in part 7 Or if modification made by user did not require system to ask user questions, when finished, the user selects the save modifications button. System will give message changes saved. System takes user back to proposed screen three in part 7 The amended statement of claim is stored in the not completed (draft) file and can be viewed by the user or [l both System takes user into part 6 (claim details) to modify the prayer for relief first System will guide user through the questions they are required to answer to complete the modification correctly. When all questions are answered the system asks Do you wish to save changes E Yes - changes saved and the system will take the user to the particulars of claim to make the necessary amendments. E No - changes not saved and system takes user back to proposed screen three in part 7 Or if modification made by user did not require system to ask user questions, when finished, the user selects the save modifications button. System will give message changes saved and take the user to the particulars of claim to make the necessary amendments When finished amending particulars of claim, the user selects the save modifications button. System will give message changes saved. System takes user back to proposed screen three in part 7 The amended statement of claim is stored in the not completed (draft) file and can be viewed by the user THREE AMENDED WRIT Question three Has a court order been made 1. Any amendments need to be A writ cannot be modified allowing the Writ to be distinguished from the original unless there is a court order amended? claim in a way that they are granting permission. Rule easily identifiable, such as 36.01 (1) and (2) n Yes underlining the words as they E No are typed. If there is an order, the Amended Writ must be 2. When amending a writ, the prepared and served strictly user is taken into parts 2 to 5 in accordance with the court of the system. order. The data in the data fields is the original data entered at the start of the case, or where any data has previously been modified in those parts, will include the modified data. When the changes are saved, the system will apply the changes to future forms created. For example where the spelling of a defendants name is corrected, the name in future documents will be correctly spelt. When saving the changes the user will have the option to save them to not completed (draft) forms. This will cover the situation where the user has prepared some forms e.g. the forms to enter default judgment but didn't prepare the amended writ first. The user can select the individual not completed (draft) forms to which the changes should be applied. System will give message changes saved. Answers to Question three MI Yes 0I No ent Yes system opens parts 2 to 5 of the system for user to make amendments After completing the changes to create the Amended Writ, it is stored in the not completed (draft) file and can be viewed by the user. El No message A writ cannot be modified unless there is a court order granting permission System takes user back to proposed screen three in part 7 FOUR [l Affidavit of service (of Writ) El-Affidavit of service (of Writ) The user will sometimes want to prepare this document out of sequence. This option allows the user to do this. When user selects this option, the system will check if the Supreme Court file number has been entered into the system. If No question one will be activated. If Yes it will check if the date the writ was filed has been entered into the system. If No question one A will be activated. If Yes it will take the user to question two. Question one It is not mandatory for the user If the Writ has been filed, enter to answer this question. Allow the Supreme Court case it to be skipped and take user number to question 1A Question one A It is not mandatory for the user to If the Writ has been filed, enter the date it was filed with the answer this question. Allow it to Court. be skipped and take user to question 2 Question two User selects the defendants for Select the defendants for whom whom they wish to prepare an you wish to create an Affidavit affidavit of service of Writ Ellst defendant First Defendant Name El2nd defendant Second Defendant Name For the defendants listed in question two the system needs to know whether these defendants are a company or a person so it knows which form of affidavit to prepare part 2 parties names. For question two When user makes a selection in answer to question two 1. If defendant is a person, system to go to part 11 question 1 affidavit of service person. 2.lf defendant is a company, system to ao to part 12 question 1 affidavit of service company FIVE MODIFY DATA COMMON TO ALL DOCUMENTS Modify data common to all documents A user can also modify some pieces of data that are common to all documents. This function can be accessed by the user selecting the modify button at the bottom of the screen on proposed screen three, without first clicking on a case. A drop down list of the data field able to be modified here will appear. The data common to all documents that can be modified are: 1. Supreme Court Case number (Could have been entered incorrectly) (originally entered at Part 8 question one) 2. Solicitors details (Tram tracks) ((originally entered when user logs in for the first time. Can be changed at Part 3 Firms details) When user selects save, system will ask: r Just for this case r For all future documents in all cases in this court E For all future documents in all cases in all three courts 3. The List a case is in or removed from e.g. the commercial list (originally entered at part 4 List details ) 4. The Division a case is in or moved from/to e.g. the Commercial and Equity Division originally entered at part 4 List details) 5. Changing a defendant type in the system from/to company or person (where an error has been made at the data entry stage. The type affects the amount of costs the system calculates for the entry of judgment and the preparation of an affidavit of service. (originally entered at part 2 Parties details) The user selects the data field they wish to modify from the drop down list. The user makes the changes and when the user selects save changes the system will ask (with the exception of changes to firm details see paragraph 2 above) do you wish to save the changes to F All forms created in this case in the future or [ All not completed (draft) forms in this case or F All forms created in this case in the future and all not completed (draft) forms in this case or [ Completed forms. If user selects this option Have the form/s been filed with the court and/or served? F-1 Yes You cannot amend forms that have been filed and/or served without a Court order. . If there is a court order, see your manager who will provide access to the data to enable the modification. E No The list of completed forms will be shown from which the user selects those to which the changes are to apply. Changes will be saved accordingly APPENDIX X - CHECKLISTS (Part 22) - AFFIDAVIT OF SERVICE OF WRIT The following should be carried out and/or checked to prepare an affidavit of service of a writ for filing with the court. 1. DATE * The date of document for an affidavit of service is the date the affidavit is sworn (Rule 27.03 (10) (c)). This has Intentionally been left blank so it can be completed by hand at the time of swearing. The date should be entered at "Date of document" between the horizontal lines. 2. EXHIBIT * There must be a sealed (with the original seal of the court, not a photocopy) copy of the writ exhibited to the affidavit of service (Rule 6.17 (3)). This is exhibit A " Where the writ was filed electronically with the court, a copy of the filing confirmation notice must be exhibited to the affidavit of service (Rule 6.17 (4)). This is exhibit B 3. SWEARING " The affidavit must be sworn before a person having the proper authority (section 123C Evidence Act 1958. see list below). " The person before whom the affidavit is sworn must sign (not just initial) their name at the bottom of every page of the affidavit (Rule 43.01 (6)). * The person before whom the affidavit is sworn must include in the jurat his/her name, address and capacity in which he/she has the capacity to take the affidavit (Rule 43.01 (7)). " The person before whom the affidavit is sworn must initial any alterations or handwritten entries in the affidavit, such as words crossed out (Rule

43.05 (1) (b)). If the deponent has also initialled alterations, his does not make the affidavit invalid. * The deponent does not need to sign or initial any page of the affidavit other than the jurat page. This is the last page of the affidavit where it shows where the affidavit was sworn, the date, and the name, address and qualifications of the person before whom it is sworn. If the deponent has signed or initialled the affidavit elsewhere, this does not make the affidavit invalid. 4. COURT FILING FEES * There is no fee for filing this document. 71 AFFIDAVITS MAY BE SWORN OR AFFIRMED BEFORE THE FOLLOWING: * Any Judge or the Associate to any & A Legal Practitioner Judge 0 A member of the police force of or * An Associate Judge of the Supreme above the rank of sergeant or for the Court or the Associate to such Associate time being in charge of a police Judge station " An Associate Judge of the County Court 0 A person employed under Part 3 of or the Associate to such Associate the Public Administration Act 2004 Judge with a classification that is prescribed " A Justice of the Peace or a Bail Justice for taking affidavits " The Prothonotary or a Deputy 0 A senior officer of a Council as Prothonotary of the Supreme Court, the defined in the Local Government Act Registrar or a Deputy Registrar of the 1989 County Court, the Principal Registrar of 0 A person registered as a Patent the Magistrates' Court or a Registrar or Attorney under Chapter 20 of the Deputy Registrar of the Magistrates' Patents Act 1990 of the Court Commonwealth * The Registrar of Probates or an a A fellow of the Institute of Legal Assistant Registrar of Probates Executives (Victoria) * A senior Member or ordinary Member of 0 Any officer or person empowered the Victorian Civil and Administrative authorized or permitted by or under Tribunal who, immediately before the an Act of Parliament to take affidavits commencement of the Legal Profession in relation to the matter in question or Act 2004, was the Registrar or Deputy in the particular part of Victoria in Registrar of the Legal Profession which the affidavit is sworn and Tribunal taken. * A member or former member of either House of the Parliament of Victoria * A member or former member of either House of the Parliament of the Commonwealth * A Public Notary Source: section 123C Evidence Act 1958 72 APPENDIX Y - COURT DOCUMENTS TO BE PRODUCED (PART 23) The table below and following documents show some examples of the forms/documents the system will produce. Form/document The system will produce WRIT AMENDED WRIT STATEMENT OF CLAIM AMENDED STATEMENT OF CLAIM SCHEDULE OF PARTIES CERTIFICATE FOR SUPREME COURT SEARCH FOR APPEARANCE AFFIDAVIT OF SERVICE OF WRIT On an individual do not include these words in title On a company do not include these words in title EXHIBIT A TO AFFIDAVIT OF SERVICE EXHIBIT B TO AFFIDAVIT OF SERVICE I 73 AFFIDAVIT OF NON DELIVERY OF DEFENCE DEFAULT JUDGMENT AFFIDAVIT OF CALCULATIONS OF INTEREST IN SUPPORT OF JUDGMENT WARRANT OF SEIZURE AND SALE WARRANT OF POSSESSION AFFIDAVIT OF CALCULATIONS OF INTEREST IN SUPPORT OF WARRANT NOTICE OF DISCONTINUANC E 74 1. WRIT - Example IN THE SILFRE-ME 0C '. 13 OF VICTORIA AT VELEICURNE CCMVERC!AL AND EOU~TY OAF ISION BETWEEN: No. of 200§ XXX BAKK ACN COO 0000 Piaintff XX XX and OTHERS Deiendar'ts (according to the schedule attached) MR IT Date of dCEOCLent: 9 Mach 2019 FI'ed an beha f he PRa~itff Pxe~ared by: XXX End XXX Socors Ctife: XXXX Sz~ztom OX: XXXX XXX Tel: (03) )OXXX XXX MELEGURNE VC 30OD Fax: (03) )OLXX XXXX Ref: XXX XXX: XX E-rnaT XXX TO THE DEFENDANT TAKE NOTICE t] A t ±s pmaceedr h&3 been broL~hl against you by the p'aintMff for Lhe claim set ci Li thi3 wfL IF YOU INTEND TO DEFEND tI-s poce-d--g. or if you have a cdatn aga.uist the p'aTs:ii wt-cht you w-sh to have taken [ritD amount Et the ttj. YOU MUST GE NOTICE of ycw intention by fng an appearance wdibi the proper t-r f'Mi arpeanaraasee de~aio& 75 YOU OR YOUR SCLZCUTOR may file &e appearartne. An appeararoe is fi'ed by (a) iing a "Natire of Appearanrne in the Prothartary's cIce, 436 Lcnsdfae Street, Ms!bourre, or whare the wMi has benq aiad n the oFice of a Deputy Prathor:!ary, ± the office af tha Deputy Prothortary; ard (b) ost the day you fie the Notice, serving a ocpy, sealed by the Court, at the patiffs add-ess f r serv-ce, which is se out at the end of L't wri. [F YOU FAIL to file an appearance within the proper tie, the platffT may OBTA'N JUDGMENT AGA[NST YOU cr the clam w~1hout further nafte. THE PROPER TIME TO FILE AN APPEARANCE Es as fo'lows (a) whmee pi are seed with the wril in Victoria, within 10 days after service; (b) where y; are seed with the wriI out of Votoia and in another part of Australia, within 21 days after sewv ice; (c) where you are served with the writ En NevvZea'and or in Papua New Guiea, within 23 days after service; (d) where ytu are served with the wr& in any other place, within 42 days aftez senntre. FLED: 9 March 2"09 Prothonotary ThIS W RIT is to be served w'-h'n one year &c= the date d Is f~ed or within such fUuther period as the Court caders. 76 STATEMENT OF CLAIM PARTCJ -ARS OFCLIM TO BE [XSERTED HERE AND THE PLAINTIFF CLAIMS AGAINST THE FIST DEFENDANT, SECOND DEFENDANT AND THIRD DEFENDANT: 1. ?os-sesb-q~ cl a~J that pse of land he&ng more pajticuEarty deszdbed in Geiiftcate of Thise Volume XXXXX Folio XXX and being t e '&qd sduate at and kirtwn as XXX n the S~ate cl Vl.ora. 2. C-,sts on a solieu ard on clenl basis, 3. Sudh furter cT other orders or xe~ef as the C=4, deems rl. XXX and XXX Socitcws for t2he P~ant~f 77 1. Place of 1riEl - Mebo::rne 2. M-de c triaJ- Latz eane 9. Th's wrt was f'ed for the plairtiff by XXX and XXX Sclicitrs XXX MELBOURNE VIC 3000 4. The afttess o! the platiffd Ls XXX MELBOURNE VIC 3000 S. The ads&ress for sezv:ce a! &he pn^-21ff is XXX and XXX SclicEttrs XXX MELBOURNE VIC 3000 6. The aftoess al the Defentdarts s XXX XXX VIC 3187 78 SC~iEDULE OF PARTIES BETWEEN-. XYXXXBANK ACN OO OW Ptaintilff and xx xRrFst Weridant XX0X XDX Secord fleexdant XXXXXX XXXXXX Third Defendant Datad 9 March 20"09 79 2. SEARCH FOR APPEARANCE - Example L THE SUdFBIEME O~C'RT OF VICTORIA AT MELBOURNE COhtVERiCIAL AND ECUTY DVIS[ON BETWEEN: No. 99999 af 20U9 XX0XX BANK ACN 000 000 000 Pfainfff FErd XX XX and OTHERS Defendarts SEARCH FOR APPEARANCE Cate of dxcLnent 24 Mrah 2:29 FICed an beisf ot The F'antiff Pseparsd by: XXX ard XXX Sa'icofs Ode: XXXX se::nitaos X: XXXX XXX Tel: (03) XXX XXXX MELEOURNE V:C 30D Fax: (03) XXXX XXXX Ref: XXX XXX: XX E-r: XXX TO The FsmiarctLy SEARCH for ar. apperance by the fist defendant XX XX, the seord defendant XXXX XXXX aid te thfd defaindant XXXXXX XXXXXX En this proesdng. DATED: 24 Marh 2609 XXX ard XXX ScEDors for ±e PbLifff 80 3. AFFIDAVIT OF SERVICE (1) - EXAMPLE N THE SLFRE.VE OURT OF VICTORIA AT MELBOU~RNE COMM~ERCIAL AND EOUrrY DIVIStON BETWEEN: No. 9ggggcf 20Z9 XXXXX RANK ACN 000 000 000 Ptaintff aird XX XX and OTHERS Deferldas AFFIDAVIT OF SERVICE OF )O(X XXX Date at ctocument: 24 Murc M1g Fieed on bea o t The Faint'ff Prepa,d by: XXX an~d)00( S05CitOr'S C91: XXXX Sclcitcs WX: xxxx xxx Tel: (03) XXXX XXXX MELBOURNE VC 30MI Fax: (03) XXXX XXXXX Ref: X(XX XXX: XX E-mal: XXX I XXX XXX, of XXX, Process Server make oath arAd say as follorms: 1 . Ator aboutl9.05 a-i. on Friday the I3P day cl March 200,. al XXX. Victoria I sexed the Erat defendaitlXX XX personallyrvlth a sealed copy of the wiil in this pro ceetbg ty harnding a sealed copy of the writ tD the deferdant. 2. 1 idenlted the person served as the defendant by asing at the time cl se-ice, 'Ae yu XX XX the defendant named in the wiI? The person se.ved rep-ed im the a'Tmnztive. 3. No rtcdadsont)m n r~d'i e~dop ftew. SWGThN4 y XXX xxx at MBIbcie n the Sfat of Vicdof a______ LY 0dyclV~h2: BEFORE ME: ______ 81 4. EXHIBIT SHEET (1) - EXAMPLE N THE S:FruEME CUtRT OF VICTORY AT MELBOURNE COMMERCIAL AND EURTY ONIS[ON BETW EEN: No. 99999 af 2029 X)O0X BANK ACN 000 000 000 PLainf ard XX XX and OTHERS Defendatis CERTIFICATE [DENTJFYLNG EXH:ET Date of docunent 24 March 2ZE9 Fred an beha ef- The Fa~,ifff Prepamd by XXX and XXX Sca-o's Ccde: XXXX Srmitas DX: XXXX XXX Tel: (03) XXXX XXXX MELECURNE VC SED Fax: (03) XXXX XXXX Ref: XXX XXX: XX E-ma): XXX This is the exitn: marked 'A rrim preuced and shown to XXX XXX at the tsne of swea-ing his afvdwR cra the 24 day of March 2009. Before ire: Exhibit "A" sealed copy writ No. 99999 of 2009 and the annexed statement of claim. 82 5. AFFIDAVIT OF SERVICE (2) - EXAMPLE N THE SIUFREME OLRT OF VICTCRIA AT MELBOURNE COMMERCIAL AND ECUTY DiVISEON BETWEEN: No. 99999 of 20Z9 XXXXX BANK ACN 000 000 000 Plaint-f and XX XX and OTHERS Defendants AFFIDAVIT OF SERVICE OF XXX XXX Date of document 24 Mac1h 2E29 Fi'ed an behalf ot The Fat~f Prepared by XXX and XXX SolcT'ofs Ccde:XXXX SciCitos DX:XXXX XXX Tel: (03) XXXXXXXX MELBOURNE V]C 30D Fax: (03) X XXXXX Ref: XXX XXX: XX E-mail: XXX DXXX XXX, of XXX, Process Sever make ca±' and say as follows: 1. Al ar about 9.10 am. cr Faidaythe C 3 2 day ci Mach 20Z9, at XXX, Victcria I sexed the second defendant XXXX XX)X pemsctally with a sealed orpy of the ws3 in tis proceed'sg by hang a sead onpy of the wfdt to the defendant. 2. 1 ide ntied the person served as the deterdant by asking at the time ci sevice, Are you XXXX XXXX the defendant nared in the wit?' The person sexed rep'ad hi the affitratve. 3. New produced and shown to re and rarked "A is a seahed ccpy of the wit SWCHN by XXX XXX ad Melboume hn the State of Viooaa ts 243 day c ML'ch 209 BEFORE ME: 83 6. EXHIBIT SHEET (2) - EXAMPLE IN THE S;FEME OC:RT OF VICTORIA AT MELBOURNE COMMERCIAL AND EQUITY DNIS[ON BETWEEN: Nv. 99999 of 20Z4 XXXXX BANK ACN 000 000 000 Plaintf ard XX XX and OTHERS Defendarts CERTIFICATE [DENJMJFYLNG EXH:BfT Date of document: 24 Mac& 2HU9 FEed an behalf ot The Fatif Pe;rea-d by XXX ard XXX Salceofs Ccde: XXXX sorCita DX:XXXX XXX Tel: (03) XXXX XXXX MELBOURNE V.'C 30CD Fax: (03) XXXX XXXX Ref: XXX XXX: XX E-mal: XXX This 1s the exlt-.r marked 'A' rtw prctoed and shown to XXX XXX at the tne of sweaing his afidwit en the 24 day of March 2009. Before me: Exhibit "A" sealed copy writ No. 99999 of 2009 and the annexed statement of claim. 84 7. AFFIDAVIT OF SERVICE (3) - EXAMPLE N' THE SIFP!E-ME CUtRT OF VICTORIA AT MELEBOURNE CONW.ERCIAL AND ECUOTY DiVISION BETWEEN: No. 99999 of 20U9 XXMX BANK ACN 0O0 000 000 Pitainf XX XX and OTHERS Defendantts AFFIDAVIT OF SERVICE OF )OCX XUX Gate of document: 24 hfach 2=9) F-Led an beha:f of. The P~kftf! Prepa-ed byr XXX aird XXX So~dc*Orfs Cctb: XXXX Sac-zitom OX: )XXXX XXX( Tel: (03) )000X XXXX( MELBOURNE V C 30GD Fax: (03) )OCXX XXXX Ref: XXX XXX: XX E-rnaJ: XXX I XXX XON, Of XXX. Proces3 Server make oar and say as follows: I. At or about 9.13 a.m. on Friday the 13 e day c! Msch 20N). al XXX, Victoria I served the thid deeifani XX)O(XX XXXXXX pe~sna-y with a sealed copy of the writ in the p-oceedirg by handxg a seated capy of the wfi to t detendi 2- Identffed the person served as the Weendant by asking at t2ie time cl sevce, 'ke yru XX)OOCX XXXX)O( the detendart rarredr fnte writf The person served Tep5Bd bi t affirmatve. 3. Kz.vproued and honto reandnAse A aebd ccp of thewt SVt7LRhJ by XXX XXX at klefibcime n the State of Victof a______ tbYs 20 day 0f Wac 20N) BEFORE ME: ______ 85 8. EXHIBIT SHEET (3) - EXAMPLE ~N THE S:IFRtEE 001RT OF VICTORIA AT WEL30URNE C0?6WEtCAL AND ECU"TY OVISEON BETWEEN: No. gggg9 of 20U9~ XXXX BANK ACO 000 (100 P~an 0 XX XX and OTHERS Defendats CERTIFICATE [DENMTFYI)NG EXH:B[T, Gate of dzcueryt 24 March~ 2ZZ9 FLedan behifco. he F~a± tff Psepard by XXX and X)0( So5ceor's Ocde: XXXX Sc'ict, 0X: XXXX )OCX Te: (03) XXX XXXX IVELECURNE VC, 301D Fax: (03) XOXXX XXX Ref: XXX XXX: XX E-mail: XXX ibis:3 thte exEE1 markedA' r:,zw. prc±Je a&nd shown~ b X)CX XXX at th~e tme of ~wea. ng his Effidait crn thie M'4 day of MAarch 2009. Before ire:______ Exhibit "A" sealed copy writ No. 99999 of 2009 and the annexed statement of claim. 86 9. JUDGMENT - EXAMPLE IN THE S:;FREIE OCURT OF VICTORIA AT WELaOURNE COM-VEC!AL AND EQUITY DIVISION BETWEEN: No. 9999 of 20O, XX)ODX BAK ACN OWO 000 000 Plaintiff XX XX and OTHERS Defendats (aseording to the schedule attached) DEFAULT JUDGMENT Gate of document: 24 Mtarchb 2=9 FT~ed on behatf of- The Pa nfff Prepared by: XXX an~d)=X Socdor's Cod: XXXX Scabo's DX: XXXX XXX Tel: (03) WOXX XXX= MELBOURNE VIC 30fl0 Fax: (03) 4O(X XXXX Ref: XX(X XXX: XX E-mal: XXX 12ATE ENTERED: 24 March 2."09 ORIS:NA4TING PROCESS: Writ HOW O3TA:KEDr. In defauft of appearance by the fst defendant second derendant an~d 0Afr defendant 7KE JUDGMENT OF THE COURT IS THAT: The p'alrft recover from fte deerdants possession of the land descrbed Eti the statement of 6c'a-n en the writ as all that piece cl land being more parlioularty des~mbed on Certicate at Tile Veume XXXXX Folio XXX and be~ig the land situate at and kroon a3 XXX in tihe S~ats of V'xtoia and the defendants pay the plaittrfs coss Ned atss$M.0. Prothonotay 87 SCHEDULE OF PARTIES BETWEEN: XXXXX BANK ACN 000 000 000 Plaintiff and XX XX First Defendant XXXX XXXX Second Defendant XXXXXX XXXXXX Third Defendant Dated 24 March 2009 88 10. WARRANT - EXAMPLE IN THE SI.Fi~tE-.E CCJ..RT OF VICTGR[A ATIMELBOCURNE CUILVECAL AND EGU9TY Oi-VIS[ON BEIfWEEN: ND. 9§9 cf 2001 XXXXX RANK ACN 000 000 000 Kaint-ff XX XX and OTHERS DefendantAs (according to the schedule attached) WARRANT OF POSSESSI O N Cafe af documerit.- 24 MVarch 2l9 Fred en behaf ct 7he Fi~aitff Prepared by: XXX al, d XX)( Sa5d'or's Ccife: XXXX S~Citozs OX: XXXX XXX Tel: (03) )CXXX )CXXX MELBOURNE VC 3090 Fax: (03) XXXXXXX Ref: XXX XXX: XX E-mal: XXX 'TO THE SHERIFF bn respect of the judgment dated 24 March 2OG9 by which [I was ady.dged that the X)OOCX BANKC ACN CEO 000COO recover trici the *defendsr.4s posse3stofl of the lard descr-bed bl the EChle~ue and thid the deferdarts pay t1he XXOCX BANK ASN 0O0 000 000 costs, t~xed at $ 3343.00, Enter The Land and cause the )OCXXX HAM( AZN 000 00 D DUD to have possess~on of ft. AND INI:ORSE cn th:3 warrant ir eifa~eV aftvm ycu. have performed afl yoio dtgafrns under ft a sateernt cl the date, t-me and plare at wk-ch youa have execute'-d or attempted to execute the warrant and the results al the exeTi't: and 89 send a copy c! the stement to)XXD BANK ACN ODD "M 000 care of XXX aid XXX Sc~citars XXX, Me]cume 300. SCHEDULE A] that piece of laid betrg mcre particufarty described r Certificate of Tile Vciuxe XXXXX Fe o XXX and berg the land site and kror as XXX in the State of Vrcifa [ssued: 24 March 2009 By the Court Prothonotasy Issued at the eque3 of XXXXX BANK ACN 00D 00D 00D The [ast krnun address cf the defendants is XXX m the S!ste ol Wctor a. 90 SONEDULE OF PARTIES SETWEElt XXXXX BANK ACN 000 000 000 Piaint~f and XX XX Prst Oe'endant XXXX XXXX Secord Deandant XXX= XX X Thid Oe!rdant Dated 24 Mach 229 91