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Professional knowledgeable. "The lawyer is really trying to understand the situation and give me the best advice for every possible way to protect my rights. The lawyer also gives advice on things I didn't request initially but definitely need in the future."
"James is an experienced lawyer who I had the pleasure of working with previously. I highly recommend James."
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James Ford has received 12 LawTap Verified Reviews with an average 4.96 rating to date. Most recent verified review from a client remarked "Really appreciate having your advice and guidance throughout this. Particularly being able to turn around the agreement in such a short time over the past couple of days. Thank you for your timely responses and being available to rush through everything at the end."
"Fabulous lawyer, professional, sincere and genuine...highly recommended. Other lawyers shied away from our tough case but James took it on with verve and vigor. With a highly qualified support team, James has paved the way to settle our case. James has keen attention to detail and a good ability to problem solve. The client has to make the final decisions on matters and quality advice is essential if the correct decisions are to be made, that's what you get from James. I cannot recommend James and Blue Ocean Law Group enough, they are pinnacles in the profession!" [Note: the dispute did not involve Craterpot which is a startup venture Blue Ocean Law Group™ are assisting Rod to bring to market].
Form 18 (Notice of a Constitutional Matter under s78B of the Judiciary Act 1903) under Federal Court Rules 2011 (Cth) - Rule 8.11(2) is for a party in a proceeding to provide notice to the court that the proceeding involves a matter arising under the Constitution or involving its interpretation within the meaning of section 78B of the Judiciary Act 1903 (Cth).
✅ Suitable for the Federal Court of Australia made under the Federal Court Rules 2011;
✅ Recommended only for use by legal professionals +/or at a minimum with review by a legal professional prior to filing with the Court;
✅ For use in the General or Fair Work Divisions of the Federal Court of Australia.
Embedded Lawyer-Logic™ dynamically adapts to your answers to provide valuable guidance and help you avoid errors.
The type of claim you are filing with the Federal Court of Australia will determine whether a specific Federal Court of Australia Practice Note will apply, and the details of your dispute will assist to determine whether this Notice of a Constitutional Matter [Form 18] is required to be filed.
In short, due to the complexities involved in both determining which forms to use, together with the crucial importance of getting the pleadings right to the success of your claim (see the discussion below on Pleadings without Tears):
➲ We recommend you contact our legal team to obtain legal advice and guidance regarding which:
⚖️ Federal Court of Australia Practice Note (if any) applies; and accordingly which
⚖️ Documents MUST or may be filed in support of your Originating Application; and further which
⚖️ Originating Application to use, a [Form 15] or a different prescribed Originating Application form required due to the type of claim being made;
⚖️ Determining whether this Notice of a Constitutional Matter [Form 18] is required to be filed;
⚖️ Determining whether an Applicant's Genuine Steps Statement [Form 16] is also required to be filed pursuant to the Civil Dispute Resolution Act 2011 (Cth.); as well as
✅ To ensure you have the best chance of getting your "all-important" pleadings right.
Alternatively, your matter may be one where your interests are best served by first filing:
⚖️ An Urgent Application before Start of a Proceeding [Form 12];
⚖️ An Originating Application (by Prospective Applicant) for an Order for Discovery [Form 14].
We have a copy of the book “Pleadings without Tears: A Guide to Legal Drafting Under the Civil Procedure Rules” by William Rose [revised & updated by Roger Eastman] in our law firm library in its 9th edition when it was published in 2017.
More editions of this highly valued & trusted guide will no doubt ensue.
The book was originally written back in 1990 specifically to address the problem of tears being shed over mistakes being made in Pleadings.
Trust me when I say that despite all the warnings, mistakes in Pleadings continue to this day.
There are good reasons why you don't want to be the party left crying over what could have been!
Further reading: FAQ ➲ What are Pleadings? Why are tears associated?
Important Notes:
Pricing does not include Court filing fees.
The party filing this Notice of a Constitutional Matter is required to serve a copy of the filed Notice of a Constitutional Matter together with all other filed documents on all other parties to the proceeding.
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The book “Pleadings without Tears: A Guide to Legal Drafting Under the Civil Procedure Rules” by William Rose [revised & updated by Roger Eastman] we have in our law firm library in its 9th edition when it was published in 2017.
More editions of this highly valued & trusted guide will no doubt ensue.
The book was originally written back in 1990 specifically to address the problem of tears being shed over mistakes being made in Pleadings.
Trust me when I say that despite all the warnings, mistakes in Pleadings continue to this day.
There are good reasons why you don't want to be the party left crying over what could have been!
Whether you are a self-represented litigant in a Tribunal or represent by a Solicitor or a Barrister in a Court or Tribunal the "Pleadings" will be the sum total of all of the documents containing the application or claim, the defence and counterclaim, the reply or answer, and any requests for and responses to further and better particulars.
In the case of an appeal, think of the pleadings as your stated grounds of appeal within your Notice of Appeal, etc. if you get these wrong then your appeal is likely to be dismissed or struck out before you have had the chance to actually submit the details of your appeal to the appeal court.
When you hear the member/judge say the words "the problem is in the Pleadings" or words to that effect you might need to have your tissues on hand.
A great analogy is baking a cake and discovering too late that you left out a key ingredient.
There is no guarantee you will be able to amend the Pleadings to fix the problem at the last minute.
You are generally prevented from making the same claim more than once.
Your missed claim may now be subject to the statute of limitations preventing it from being commenced as it is out of time.
An error in the Pleadings can be irreversibly fatal to the outcome of the civil litigation, or substantially impact on the result or the award of costs once the legal proceedings have completed.
A failure to state valid grounds grounds of appeal within a Notice of Appeal may cause your appeal to be dismissed or stuck out, with the potential for cost orders to be made against you for the other parties legal costs (if any) incurred in responding to your incompetent or deficient Notice of Appeal.
Credits:
This FAQ was written by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.
Important Notice:
This FAQ is intended for general interest + information only.
It is not legal advice, nor should it be relied upon or used as such.
We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.
The identity of the Debtor and their address for service (incl. email +/or fax) should already be clearly specified in the agreement, or provided by the Debtor as part of your standard business processes.
We also assume that the terms of your agreement will provide permission to serve notices via email or fax (if required).
You will need to consider whether you already know the actual identity of the Debtor/Defendant and their address for notices/Service.
The Debtor/Defendant may not be the person with whom you made the original agreement, or the person who actually published the defamatory statement.
The person you might consider is the Debtor/Defendant may have been acting/dealing as an agent or employee of another person, the actual owner/s of the business, a sole trader, partnership, unincorporated association, company, etc.
If you only have the name of the business, you can start by conducting a free ASIC business names index + business names holder organisation/person searches to determine the owner of the business name, followed by a paid ASIC search to determine a valid + current address for Service.
Before sending a Letter of Demand/Statutory Demand/Concerns Notice to a Debtor company, we strongly recommend you conduct a paid current ASIC Company Search (min. cost $9) to confirm that:
✅ The Debtor/Defendant company is not currently under administration/in liquidation; and to
✅ Ascertain the companies current registered office address for service.
If you have any questions regarding the above please contact our legal team to discuss.
Credits:
This FAQ was written by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.
Important Notice:
This FAQ is intended for general interest + information only.
It is not legal advice, nor should it be relied upon or used as such.
We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.
By the time you approach a lawyer to assist with your civil legal dispute you may have already discussed the matter in detail or sent text messages/emails to the other party, their agent, insurance company or lawyers.
Whilst you might think you are progressing the matter:
➲ This is generally a mistake!
Most people [unless they are experienced in litigation or legal dispute resolution] will unknowingly proceed to make these communications with the other side on an "open” basis.
This means that everything that is said or written might be capable of being used by the other parties in any subsequent legal proceedings.
It is generally known that in any criminal matter, you have the “right to remain silent …” as this is well-covered territory on TV/Movie Legal Dramas and in the media.
When it comes to civil disputes we recommend you adopt the same position.
Our advice may be spot on when it comes to large $$ civil disputes.
When the matter is only a minor one, you may not want to go to the time and/or expense of engaging legal advice specific to your situation.
Q: How then can you proceed?
A: Very carefully, and with the assistance of some very specific legal phraseology which you may or may not have seen before.
Please refer to our blog article “How to cast a magic legal spell? The protection afforded by Without Prejudice Settlement Negotiations." for more information.
Credits:
This FAQ was written by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.
Important Notice:
This FAQ is intended for general interest + information only.
It is not legal advice, nor should it be relied upon or used as such.
We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.
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