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BUNDLE

NSW Local Court Civil, District Court Civil and Business and Franchise

This bundle includes guides from the following three publications. 

 

Recent updates can be viewed on Obiter - our news and updates site.

NSW Local Court Civil


This comprehensive and easy to follow publication provides commentary and precedents for the conduct of Local Court proceedings in the General and Small Claims divisions, when acting for either a plaintiff or defendant and includes a supplementary enforcement guide, demonstrating the use of precedents guide and 101 subpoena answers reference manual.


From letters of demand and offers of compromise to final hearing, appeals and enforcement, this publication provides focused and practical guidance on procedure and documents and is a must-have for all lawyers acting for clients in the Local Court. 


Popular precedents provided with this guide include:



  • Library of letters of demand and example response to letter of demand

  • Example offer of compromise and Calderbank offer

  • Library of example consent orders

  • Example content for seeking injunctive relief

  • Example terms of settlement

  • Example deeds of release

  • Library of events for initiating application

  • Example defence

  • Example content for substituted service, and amending initiating application

  • Example content for interlocutory steps including cross claim, defence to cross claim, summary judgment, summary dismissal, consolidation, security for costs, default judgment, and notice of discontinuance – content for both application and affidavits in support

  • Example interrogatories, and content for setting aside subpoenas and notices to produce

  • Example letter instructing expert witness and enclosing Expert Witness Code of Conduct


NSW District Court Civil


This comprehensive and easy to follow publication provides commentary and precedents for the conduct of proceedings in the District Court, when acting for either a plaintiff or defendant and includes a supplementary enforcement guide, demonstrating the use of precedents guide and 101 subpoena answers reference manual.


From letters of demand and offers of compromise to final hearing, appeals and enforcement, this publication provides focused and practical guidance on procedure and documents and is a must-have for all lawyers acting for clients in the District Court.


Popular precedents provided with this guide include:



  • Library of letters of demand and example response to letter of demand

  • Example offer of compromise and Calderbank offer

  • Library of example consent orders

  • Example content for seeking injunctive relief

  • Example terms of settlement

  • Example deeds of release

  • Library of events for initiating application

  • Example defence

  • Example content for substituted service, and amending initiating application

  • Example content for interlocutory steps including cross claim, defence to cross claim, summary judgment, summary dismissal, consolidation, security for costs, default judgment, and notice of discontinuance – content for both application and affidavits in support

  • Example interrogatories, and content for setting aside subpoenas and notices to produce

  • Example letter instructing expert witness and enclosing Expert Witness Code of Conduct


NSW Business and Franchise


The Sale and Purchase of Business and Franchise publications seek to assist the practitioner to successfully navigate the complex process that is business conveyancing.


The commentaries set out the tax consequences of sale price apportionment and explain the tax treatment of stock, long service leave and other employee entitlements, the status of the premises and many other important issues.


The many precedents include the By Lawyers Uniform Contract for Sale of Business which covers all aspects of the transaction from pre-exchange vendor warranties and purchaser guarantees, by shareholders where applicable, to completion, the effective release of PPSR security interests, the transfer of business assets including copyright works, trade marks, supplier contracts and the ASIC requirements for the transfer of the business name. The contract also customises the competition restraints so they are enforceable, binds the key people and deals with confidential information and non-solicitation of staff and customers.


The comprehensive matter plan is an effective risk management tool, assisting practitioners to work though the matter ensuring the necessary steps of a typical matter are considered as required.


The Business Structures and the Comparative Table commentary usefully compares the various business structures. This is particularly useful when advising purchasers.


The Franchises commentary is a comprehensive manual on franchise agreements.


Popular precedents in this publication include:



  • By Lawyers Uniform Contract for Sale of Business

  • Retainer instructions

  • Library of 24 special conditions

  • Library of 19 other contracts, licences and agreements

  • Settlement adjustment sheet

  • Client Enclosure - Summary of relevant considerations


 


 



MATTER PLAN