CIV3701
Assignment 1 Semester 2 2024
Unique Number:
Due Date: 25 August 2024
QUESTION 1
a.
When legislation or the rules of court neither prescribe nor prohibit the use of application
proceedings, the final test to apply is whether there is a material dispute of fact. If there is a
material dispute of fact (or can be reasonably anticipated), the use of application proceedings
is inappropriate and will normally be penalised by way of an adverse costs order. In the present
matter, use of the application procedure is clearly inappropriate.
On the given facts, a defamation case involves a material dispute of fact. Since such a dispute
DISCLAIMER & TERMS
can only OF USE by hearing oral evidence, combined summons will be appropriate. See
be resolved
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