2023
TLI4801
Assignment 1
(827464)
DUE: 10 August 2023
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, QUESTION 1
a. Two possible answers:
Option 1:
To institute Mrs. Steven’s divorce action, a combined summons is the suitable
choice. This is because the claim is unliquidated, requiring determination of
quantum, especially in cases where parties' status is affected, such as a divorce.
The combined summons accommodates serious factual disputes, often involving
oral evidence for issue resolution.
Option 2:
The appropriate summons for Mrs. White's divorce action is a combined summons.
This type of summons is used for unliquidated claims involving multiple causes of
action, as in a divorce case where dissolution of marriage and ancillary relief like
custody, maintenance, and division of assets are all encompassed.
b. Two possible answers:
Option 1:
The relevant pleading to be attached to the summons is particulars of claim. It
outlines material facts and substantiates the claim with evidence, making it essential
for unliquidated claims like divorce. Marnewick and Rule 18(3) and 18(4) of the
Uniform Rules provide guidance on its structure.
Option 2:
In this case, the summons will be accompanied by particulars of claim. This
document outlines specifics of the divorce grounds and relief sought, including
marriage details, grounds for divorce (e.g., irreconcilable differences), and ancillary
claims like child custody and asset division.
c. Two possible answers:
Option 1:
The plaintiff’s prayer in the summons includes:
1. Decree of divorce.
2. Co-holders of parental rights for minor children (referred to as "care and contact").
3. Payment of maintenance per child.
4. Costs of the suit.
5. Further or alternative relief.
Option 2:
The summons' prayer encompasses:
1. Decree of divorce to dissolve the marriage between Mr. Joe White and Mrs. Cecile
White.
2. Custody of minor children (Kevin and Nancy) awarded to Mrs. Cecile White.
3. Maintenance for minor children (Kevin and Nancy) to be paid by Mr. Joe White.
4. Equitable division of assets acquired during the marriage.
5. Maintenance for Mrs. Cecile White post-divorce, considering her financial needs
and prior standard of living.
