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Subject Code : BSBLEG301
Country : Australia
Assignment Task
 

Scenario:
Your firm acts for Ms Lin Fan of 11 The Promenade, San Remo, NSW 2880 (her phone number is (02) 9876 2349. Ms Fan was previously represented by another firm of lawyers, but she has terminated their services and has instructed our firm to take over the matter.
The partner handling the matter is Charles Leighton, and assisting him is Alannah Neil (a senior associate with your firm).
Ms Fan is suing the Rail Corporation New South Wales regarding the termination of her lease of business premises at Shop 14, The Walkway, San Remo Railway Station. The matter is set down for hearing in the Federal Court of Australia on 15 December 20## (this year).

Details of matter:
LIN FAN v RAIL CORPORATION NEW SOUTH WALES
re TERMINATION OF LEASE OF BUSINESS PREMISES

Area of Law:
LITIGATION (PROPERTY LAW) – nature of a monthly periodic tenancy – Retail Leases Act 1994 (NSW).
IN THE FEDERAL COURT OF AUSTRALIA Court file No:
NEW SOUTH WALES DISTRICT REGISTRY N1996 of 2018
BETWEEN: LIN FAN (Applicant)
AND: RAIL CORPORATION NEW SOUTH WALES ABN 325 778 333
(Respondent)
DATE SET DOWN FOR HEARING: 15 December 20## (note to student: this year)
The applicant, Ms Lin Fan, commenced proceedings in this Court claiming that the respondent, the Rail Corporation New South Wales has as her landlord:
(i) engaged in conduct in contravention of s 22 of the Competition and Consumer Act 2010 (Cth); and
(ii) breached the provisions of s 34 of the Retail Leases Act 1994 (NSW).
Pecuniary relief is sought in respect of each claim.
Solicitors acting for Ms Fan: Charles Leighton (Partner) and Alannah Neil (Senior Associate), Leighton & Costello Counsel for Ms Fan: Mr R Casimatis
Date of Hearing: 15 December 20## (this year)

Task 1 - Complete Time Sheet
Complete a timesheet for all tasks – you must allocate time for each task that you complete on this timesheet. Time must be allocated in units of 6 minutes and charged to the file/client. You may type a timesheet OR complete by hand.

Task 2 - File Opening Procedures
Open a new file in this matter, using the details provided on the previous page. Charles Leighton will be signing all letters.
Estimated costs $5,000 - $20,000 plus GST (the range is large, because we do not know at this stage if the matter will be settled out of Court, or not. If we proceed to Court, the costs will increase). Estimated disbursements - $2,000 to $5,000 (plus GST).
Place every task in your file for marking. You will need to complete:
i matter register – take next available number and write initials of solicitor acting next to number you take in your register (place in envelope when completed),
ii matter registration form – complete with client details, matter number etc (paste on inside front cover of file);

 

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  • Uploaded By : Brett
  • Posted on : September 14th, 2019

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