4. Legal Process 2

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Questions and Answers

What is the requirement for a public officer or an advocate and solicitor regarding payment acceptance in the context of the Motor Vehicles (Third Party Risks and Compensation) Act?

They may only accept costs agreed or assessed by the Public Trustee. (correct)

They can accept payment from clients after filing for assessment.

They can accept any form of payment from private parties.

They are allowed to accept contingency fees regardless of agreement.

Which of the following statements regarding costs and the Public Trustee is accurate?

Public officers may only receive assessed costs if they have an agreement with clients. (correct)

Public officers can determine their own costs without any agreement.

Failure to agree on costs allows for direct payment to public officers.

Payment of costs must be decided by the Public Trustee within 3 months.

In what scenario does the Motor Insurers' Bureau Agreement apply?

For claims involving only fully insured motorists.

When a defendant is known but refuses to pay.

When the potential defendant is either uninsured or untraced. (correct)

If the insurer is also the third party involved in the claim.

How long does a public officer or advocate have to initiate cost assessment proceedings after the relevant date?

3 months Signup and view all the answers

What authority does the Public Trustee have regarding costs if the duration for agreement is exceeded?

They may determine costs for the public officer or advocate. Signup and view all the answers

What is a key difference between litigation in the Supreme Court and State Courts concerning trials?

Supreme Court trials must have preliminary trial conferences. Signup and view all the answers

What does Section 23(a) of the State Courts Act allow regarding jurisdiction?

Parties can sign a memorandum to grant District Courts jurisdiction even above their limit. Signup and view all the answers

In which scenario is the appointment of Single Joint Experts required?

For High Court matters without exceptions. Signup and view all the answers

What happens if parties cannot agree on a Single Joint Expert in High Court matters?

The court will appoint an expert. Signup and view all the answers

How does the Supreme Court process differ concerning hearings compared to State Courts?

Supreme Court requires assessments to be completed by judges only. Signup and view all the answers

What must parties in a District Court agree on regarding jurisdiction limits?

They can agree to exceed the District Court limit via memorandum. Signup and view all the answers

What is required for assessments in State Court matters under simplified trials?

An independent expert must be appointed for evidence. Signup and view all the answers

Which of the following best describes the Automatic Transfer process from High Court to State Courts?

It involves consent from both parties for transfer upon agreement. Signup and view all the answers

Study Notes

Deciding Where To Sue

The Supreme Court of Judicature (Transfer of Specified Proceedings to District Court) Order 2016, automatically transfers PIPD cases from the High Court to the State Courts.
There are differences in litigation processes between the Supreme Court and State Courts:
- Supreme Court:
  - Pre-Trial Conference (PTC) before an Assistant Registrar (AR)
  - Judicial Pre-Trial Conference (JPTC) before a Judge
  - Trial conducted by a Judge
  - Assessment by AR
- State Court:
  - Case Management Directions (CDR) - Trial conducted by District Judge
  - Assessment of Damages conducted by an Assistant District Judge (ADCDR)

Other Aspects of PIPD Litigation

State Court jurisdiction can be enhanced by agreement.
Section 23(a) of the State Courts Act permits the District Court to hear cases exceeding the District Court limit if the parties agree. Parties can agree to transfer the case from High Court to State Court or remain in State Court.
Single Joint Experts:
- In High Court matters, parties must use a common expert and are limited to one expert per issue.
- In State Court matters under simplified trial, an independent expert must be appointed. This can be agreed upon by the parties or appointed by the court if they cannot agree.
Usual Consequential Orders:
- Section 18(3) of the Motor Vehicles (Third Party Risks and Compensation) Act governs payment for public officers, advocates, and solicitors. Fees are limited to agreed upon costs, assessed costs, or costs determined by the Public Trustee.
Intervening for Insurers:
- Workers Injury Compensation
- Motor Insurers' Bureau (MIB) Agreement: applies when the defendant is uninsured or untraced. Uninsured and Insurers’ Concerned Untraced and MIB.

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Description

This quiz explores the key differences in litigation processes between the Supreme Court and State Courts, specifically focusing on PIPD cases as outlined in the Supreme Court of Judicature (Transfer of Specified Proceedings to District Court) Order 2016. It highlights the pre-trial and trial procedures in both court systems, as well as jurisdictional enhancements by agreement under the State Courts Act.