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The Civil Procedure Act 2005 (Nsw)

By Frank Egan – LAC Lawyers

The Civil Procedure Act 2005 (NSW) commenced operation on 15 August 2005. The Act represents a major progression in the regulation of civil litigation in NSW. For the first time in history civil proceedings in the Supreme, District and Local Courts and the Dust Diseases Tribunal will be governed by one set of common rules.

The sections of various Acts that have been moved into the CP Act are largely sections governing common procedural, as opposed to substantive matters. Those sections include matters of common concern to all the courts such as, case management regimes, costs and interest.

The Act will also streamline and simplify procedures and remove unnecessary differences between courts. It will lead to time and costs savings for the courts, the legal profession and the public. The Act also makes provisions allowing courts to utilise new technologies such as electronic lodgement of documents by clients and more efficient court management practice.

The Uniform Civil Procedure project, which formulated the Act and its accompanying rules, commenced in early 2003. A working party was established and chaired by Justice Hamilton of the Supreme Court of New South Wales. The party consisted of representatives of the District Court, the Local Court, the Bar Association, the Law Society of New South Wales and the Attorney General’s Department.

The guiding philosophy of this process was to deliver a common set of rules across the various levels of jurisdiction within the NSW judicial system. Under this policy three specific goals were targeted; to provide a common set of rules, simplified where possible, but without radical changes in substance or form.

The Civil Procedure Bill was finalised in September 2004.

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The new Act and rules generally apply to civil proceedings in the Supreme, District and Local Courts and the Dust Diseases Tribunal. The Act and rules largely reflect existing provisions and continue to use phrases that have a settled legal meaning. The Civil Procedure Act contains some provisions moved form the Supreme Court Act 1970, the District Court Act 1973 and the Local Courts (Civil Claims Act) 1970.

A number of acts have been repealed in the wake of the new Act. Statutes that regulate civil procedure such as the Arbitration (Civil Actions) Act 1983, the Damages (Infants and Persons of Unsound Mind) Act 1929, the Judgment Creditors Remedies Act 1901 and the Local Courts (Civil Claims) Act 1980.

The relevant provisions of these Acts that have survived the consolidation process have generally been moved into the CP Act and rules and the Local Courts Act 1982.

Despite the prevailing policy of the project to streamline civil procedure and create a uniform regime, some differences between different courts have been maintained. In most instances this was a matter of practicality. The approach adopted recognises the fact that not all proceedings are the same. For example simple debt claims in a Local Court should not be subject to the same requirements as complex proceedings in the Supreme Court.

In other cases time constraints prevented the working party from moving specialist civil rules regarding probate and appeals to the Court of Appeal into uniform rules. It is intended that work will commence on moving these specialist rules into the uniform rules after the commencement of the initial set. The Corporations Rules and the Admiralty Rules, will not be moved into the uniform rules because they operate on a federal basis and are therefore apply nationally.

The main changes in terms of structure are moving directions and case management rules to an early position in the CP Act. This step was taken to embody the overriding purpose to give effect to the requirement of a just, quick and cheap disposal of proceedings.

Apart from the above alteration to structure the order of the Supreme Court Rules and the District Court Rules has essentially been maintained, that is, the process from beginning to end. This has been done to keep the rules both logical and familiar to users.

The CP Act gives a statutory basis for the issue of practice notes and regulates the relationship between itself, the CP rules and the remaining balance of the present rules. The senior judicial officer will be able to issue practice notes to deal with specific aspects of civil proceedings in a court. Under the operation of s 15 of the Act the practice notes will be subject to the CP rules and they will be disallowable under Part 6 of the Interpretation Act.

Furthermore s 17 allows the Uniform Rules Committee to approve forms for use in civil proceedings. New simple common forms address a number of concerns that have been raised about the existing forms and will meet future electronic filing requirements. The forms are available on court websites, at court registries and via legal publishing companies.

This simplified set of common forms will be used in all courts. This helped to give effect to an important objective of the project as it will save on costs. Practitioners will only have to keep one set of forms on their records and fill the required categories depending on which court they were in.

In all three courts there are to be two forms only of originating process, that is, statement of claim and summons. Additionally the rules as to pleadings and discovery and interrogatories are to be maintained.

The recently harmonised rules that have been adopted on a federal level regarding subpoenas are to be adopted by the CP Act.

About the Author: Frank Egan is the Chief Executive Officer of LAC Litigation Lawyers Sydney and has over 27 years of experience as a lawyer


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Australia to send 200 more troops to Afghanistan

Wednesday, February 1, 2006

Australia’s Foreign Minister, Alexander Downer, says the Federal government will contribute another 200 troops to assist the Dutch military in a former Taliban stronghold. Australia also pledges $150 million in aid for the reconstruction of Afghanistan.

“We have 190 at the moment, special forces, we’ve got another 110 going there to provide additional support for them with two helicopters, and this would be another 200 on top of that.” Mr Downer said.

Speaking outside a two-day international donors conference in London, Mr Downer said Australia’s commitment to Afghanistan was not as large as some countries, but it would nevertheless make a big difference.

He said Australia would build on the millions it has already spent in Afghanistan, with a new pledge of $150 million over 5 years through aid agency AusAID. Canberra has spent 110 million dollars in the war-torn country since the coalition invaded in late 2001.

Mr Downer joined world leaders in London for the signing of the Afghanistan Compact: “a road-map for international donors and the Government of Afghanistan to work together to rebuild the country into a stable and democratic state.”

Australia’s latest troop commitment, for a provincial reconstruction team in conjunction with the Netherlands, will take its total in Afghanistan to 500 troops. Downer said that the troops would probably be sent to take part in a proposed provincial reconstruction team with Dutch soldiers in the southern province of Uruzgan as early as July.

“July, August would be the pencilled-in planning at the moment, so that would involve Australia sending around 200 troops over and above the troops we already have in Afghanistan,” he said.

Mr Downer said Afghanistan still had a security problem but things were going in the right direction.

“We know how important it is for the new democratic government in Afghanistan and the new free and democratic processes there to survive, and every country that possibly can needs to give support to Afghanistan,” he said.

Under the compact, Afghanistan has pledged to meet targets in security, governance, rule of law and human rights, and economic and social development in return for military and financial aid from its international partners.

Australia also has about 900 troops in Iraq. About 450 of the soldiers are guarding Japanese forces in southern Samawa, which Japanese media reports said could end by May.

Downer said Australia would “wait and see” what Japan would do before deciding whether to bring its Samawa troops home or redeploy them elsewhere in Iraq.

Australia has already committed some 300 troops and support personnel to Afghanistan.

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Ontario Votes 2007: Interview with Green candidate Marion Schaffer, Oakville

Monday, September 24, 2007

Marion Schaffer is running for the Green Party of Ontario in the Ontario provincial election, in the Oakville riding. Wikinews’ Nick Moreau interviewed her regarding her values, her experience, and her campaign.

Stay tuned for further interviews; every candidate from every party is eligible, and will be contacted. Expect interviews from Liberals, Progressive Conservatives, New Democratic Party members, Ontario Greens, as well as members from the Family Coalition, Freedom, Communist, Libertarian, and Confederation of Regions parties, as well as independents.

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PV Taiwan 2007: ITRI Taiwan awards winners of Jinyi Award and shows the solutions on photovoltaic industry

Thursday, October 11, 2007

Industrial Technology Research Institute (ITRI) showed their solutions of excellence not only at TAITRONICS Autumn and TaiwanRFID exhibitions, but also held “The 4th Jinyi Award Ceremony” and “Photovoltaic Applications on Construction Seminar” accompanied with PV Taiwan Forum and Exhibition this year.

For the “Jinyi Award”, ITRI set a special pavilion at their booth to show the nominated products and current solutions with solar energy. According to ITRI, “Jinyi Award” encouraged individual or group participants can applied the creations on solar energy and photovoltaics to life of the human beings. ITRI also hoped those solutions can transform with valued products. This year, ITRI cooperated with Taiwan Design Center supervised by Taiwan External Trade Development Council (TAITRA) with judgments of the 4th Jinyi Award.

This competition has three groups (Product Design, Professional Design, Design Competition) with different natures, competition places, and fields of participants. Winners of “Professional Design Group” and the 1st and 2nd place of “Design Competition Group” were named at the Ceremony.

After the Ceremony, ITRI held “Photovoltaic Applications on Construction Seminar” for participants with semiconductor, photovoltaic, environment, and constriction industries. “Governments and companies in Taiwan should learn some successful cases in Europe and USA. ITRI started constructions of photovoltaic and solar energy system at South Taiwan. Photovoltaic and solar energy are the valuable and important energy source from now, and its industry will be taken effect on some environment issues such as increasing of oil prices, greenhouse effect, trendy changes of environment awareness.” Dr. Joeng-shein Chen (Deputy Manager of Photovoltaics Technology Center of Industrial Technology Research Institute) taught to the participants at this seminar.

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How To Do The Apple Cider Vinegar Diet

By Peter Pantora

Losing pounds has not only become an issue about the appearance as there are different health problems that are associated when one is beyond the recommended weight. And since medical advancements for weight loss are either expensive or a bit scary, a lot of people have reverted to more natural ways of doing so. In line with this, increasingly becoming popular among them is the apple cider vinegar diet.

If you are interested in doing the apple cider vinegar diet, here are the things that you should do. One is to choose an apple cider vinegar that is made of good quality. Choose those that are extracted from organic ingredients and do not think much in the way of cutting costs for cheap ones may reduce the chances of its effectiveness, both in doing wonders for your health and your weight. Out in the market are also pill forms of ACV, but you would find that the contents would be with less concentration than its liquid form.

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Another is to determine how you can fit the apple cider vinegar diet into your everyday lifestyle. Some would prefer to use them with salads while some would prefer taking it directly before meals. A concentrated tonic of about 1 to 3 teaspoons is said to curb food cravings and burn fats. Those who cannot take the liquid directly can, aside from using it in salads, can dilute it in 8 oz of water either hot or cold. A tablespoon of honey can also be added to make it easier on the taste buds.

With the apple cider vinegar diet you must remember that it is not an automatic solution or a magic bullet of sorts. Do not expect to achieve results in just as little as 2 days or so of using it. On one hand, there are some who think that this diet is just a fad and the acidity may just cause additional acid reflux instead of using it. On the other hand, some people attest to its effectiveness, not only in terms of health problems and skin improvement, but also with the weight loss factors. There is no harm trying out to see if it can do you wonder. What you should remember, though, is to take it in moderation as big amounts will probably do you more disadvantages, just as an excess in anything would. Also be patient. The effects vary from one person to another as each have their own specific body configurations.

Apple cider vinegar diet goes well with moderate exercise and everyday balanced nutrition. If not for weight loss, you can also treat the inclusion of ACV in your diet as an additional measure to get the necessary sustenance needed by your body. For those who want to be sure if an ACV will be compatible or will not affect your body in cases of medical conditions, consulting a doctor is a must. Good health should always be the main priority before thinking if you can fit into those old jeans.

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apple cider vinegar diet

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Canadian university students would prefer MP3 players over car radios

Friday, March 30, 2007

At Wilfrid Laurier University in Waterloo, Ontario, Canada, students are finding that popular MP3 players, such as Apple’s iPod, are very convenient devices for listening to music at the gym, while traveling on foot, and in the car.

In a recent ad-hoc survey conducted by Wikinews contributor Darren Mar, 150 students were randomly pulled aside in the hallways of the university, and asked if they own an MP3 player. 94 of the 150 students (62.66%) did in fact own MP3 devices, most of who were found to be carrying it on them when questioned. There was one simple follow up question for those who had a player: “If it were possible to have complete and safe control of the device on the steering wheel of a car, would you rather listen to your device, or the radio?” There were three answers possible, yes, no or both. Of the 94, 78 (82.98%) said yes, eleven (11.70%) said no, and five (5.32%) said both. The reporting took place primarily on March 16, 2007. The reasons for those who would listen to their device were commercial free music, personalized choice of music, and complete control of what you are listening to.

This study was motivated by the new design of 2006+ model cars. Many are being built with auxiliary jacks for the stock radio, allowing the driver to easily connect any audio playing device to the car’s sound system with a simple 3.5mm plug. What’s more, cars in the upper price echelon are being built with (1) a custom made area in the dash for MP3 players (iPod’s being the most popular), and (2) implementing audio device control right onto the steering wheel. A good example of this is the Ford Fusion or the 2007 Lexus IS250: “The centre console input port allows an iPod, MP3 or Windows Media Audio player to be plugged into the IS audio system.”

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U.S. anti-war mom calls it quits

Tuesday, May 29, 2007

War protestor Cindy Sheehan, the mother of fallen soldier Casey Sheehan who was killed in Iraq 3 years ago, wrote on what has been published by the Daily Kos as a personal web journal on Monday morning, a day in observance of Memorial Day in the United States, that “This is my resignation letter as the ‘face’ of the American anti-war movement.”

Her son Casey would have been 28 years old Tuesday. In what she writes are meditations upon developments in Sheehan’s life after she began a war protest that led her and a following of people to Camp Casey, beside the Texas ranch of President Bush in August 2005, included the notion that, “The most devastating conclusion that I reached this morning, however, was that Casey did indeed die for nothing. His precious lifeblood drained out in a country far away from his family who loves him, killed by his own country which is beholden to and run by a war machine that even controls what we think.”

I have come to some heartbreaking conclusions this Memorial Day Morning. These are not spur of the moment reflections, but things I have been meditating on for about a year now. The conclusions that I have slowly and very reluctantly come to are very heartbreaking to me.

In the text of Sheehan’s diary she is unable to reconcile herself with the Democratic Party that on Thursday, May 24, succumbed to the Bush administration on language for a troop funding bill that at one time tied funding to a time limit for U.S. involvement in Iraq. The presidential veto of that legislation to set a deadline for withdrawal of U.S. troops from Iraq resulted in the U.S. Congress caving to executive branch over the issue of war funding, and may have been the final straw for Sheehan.

“I am deemed a radical because I believe that partisan politics should be left to the wayside when hundreds of thousands of people are dying for a war based on lies that is supported by Democrats and Republican alike,” wrote Sheehan.

Sheehan said that she has spent every bit of money that she has received as compensation for the loss of her son from the U.S. government, and as a person who garnished speaking fees from the national attention on her campaign against the Iraq war, on trying to bring peace.

“I am going to take whatever I have left and go home. I am going to go home and be a mother to my surviving children and try to regain some of what I have lost,” wrote Sheehan.

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Dungeons & Dragons co-creator Gary Gygax dies

Tuesday, March 4, 2008

Ernest Gary Gygax, co-creator of Dungeons & Dragons, died in his Lake Geneva, Wisconsin home on Tuesday at the age of 69 due to heart problems.

Dave Arneson’s Blackmoor was the first role-playing game, a genre in which players describe their characters in thorough detail and can attempt almost any action the character plausibly could. Gygax, then a close friend of Arneson, worked with him during 1972-73 to develop the extensive set of rules (in this case three volumes) that such a game requires. This became the first edition of Dungeons & Dragons. He also fleshed out the default setting for the game, a “sword-and-sorcery” world inspired primarily by fantasy fiction such as Three Hearts and Three Lions. He then founded TSR Inc. to publish the game; although it was a runaway success, financial difficulties ultimately forced the company to sell itself to Wizards of the Coast, which currently publishes the game and is now a subsidiary of Hasbro.

Although not involved with later editions of D&D, Gygax later worked on other role-playing games and wrote fantasy novels. He also designed niche-market board games.

Dungeons & Dragons is considered a tabletop RPG, since it is played with pen, paper, dice and miniature figures. It inspired other tabletop RPGs (such as GURPS), as well as video RPGs (such as the Final Fantasy series). The most recent form of RPG is the massively-multiplayer online roleplaying game, such as World of Warcraft. An estimated 20 million people worldwide have played the game. Magazines, print and web comics and independent bands have been dedicated to the game, as have thousands of fan websites.

Gygax’s death comes mere months before the scheduled release of the 4th Edition of D&D in June, as well as a scheduled “GM Day” among D&D fans on the internet.

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Hearing Loss Devices By The Ear Specialist In Naples Fl

byAlma Abell

As people age, it is not uncommon for their hearing to begin to fail. This is especially true if they have suffered from frequent ear infections or hearing loss is a common health problem in their families. Once a hearing problem is diagnosed, it may be treated by having a hearing aid fitted for your ears. There are many styles of hearing aids available and these can be worn deep inside the ear or just outside the ear lobe. When you go to an ear specialist in Naples FL, he can determine which style will be most beneficial to you.

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For those who have a very active lifestyle, it may be best to choose the hearing aid that fits inside the ear. This device improves the hearing and is barely noticeable to the naked eye. It fits deep into the ear canal and stays in place easily. This small device amplifies sound so that you can hear words clearly. Conversations can be understood and enjoyed and no one will ever know you are wearing a hearing aid. It runs by a tiny battery that can be replaced as needed. This hearing aid needs to be removed only when changing the battery or when you are showering or swimming to prevent it from being damaged by water.

The ear specialist in Naples FL can help you customize a hearing aid that fits just outside the ear. The piece that fits inside your ear enhances hearing dramatically so that you can hear words, music or any sounds with ease. This model has volume control so that you can adjust your hearing as needed. The inner piece is connected to the our ear piece by a small, tube-like wire. The outer earpiece contains the battery which can be changed easily as needed.

These devices have helped many of the patients regain the hearing they thought they had lost forever. This has helped them to have a more normal life by being able to hear everything around them. These hearing aids are suitable for both children and adults and can truly improve the quality of life of those who wear them.

On the campaign trail in the USA, October 2020

Monday, November 2, 2020

The following is the sixth and final edition of a monthly series chronicling the 2020 United States presidential election. It features original material compiled throughout the previous month after an overview of the month’s biggest stories.

This month’s spotlight on the campaign trail: the Free and Equal Elections Foundation holds two presidential debates, three candidates who did not participate in those debates give their final pleas to voters, and three political pundits give their predictions on the outcome of the election.

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