Certification requirements - Mini-scenario 2

Facts

Warren Bluff is engaged in a civil dispute claiming that he was defamed by a local newspaper, the Healed Sun. He has satisfied all the requirements of the Civil Procedure Act so far into the litigation. On 3 March, he files an amendment to his statement of claim, seeking to increase the amount sought from $75,000 to the jurisdictional limit of $100,000. On 5 March, he files a further amendment seeking to add another cause of action, that the Healed Sun engaged in misleading or deceptive conduct in trade or commerce.

1:Does Warren Bluff have to provide a proper basis certificate for either or both of these amendments?
A)

No, as neither document is Warren Bluff’s ‘first substantive document’; his statement of claim is his ‘first substantive document’

Incorrect

 

B)

Yes, but only for the 3 March amendment, as it contains significant amendments to the statement of claim

Incorrect

  

C)

Yes, but only for the 5 March amendment, as it contains significant amendments to the statement of claim

Correct

    

D)

Yes, for both the 3 March and 5 March amendments which both significantly amend the statement of claim

Incorrect

 

Facts

In his 5 March amendment, Warren Bluff alleges that the Healed Sun’s statement that ‘Bluff is an absolute misanthropist’ is misleading and deceptive. Warren Bluff is widely recognised as a philanthropist, having pledged to donate 90% of his considerable wealth when he dies.

2:Which of the following subsections will Warren Bluff claim is the relevant subsection that he has satisfied?
A)

Section 42(1A)(a)

Correct

 

B)

Section 42(1A)(b)

Incorrect

  

C)

Section 42(1A)(c)

Incorrect

  

D)

All of the above

Incorrect

 

3:Is this section satisfied?
A)

Yes

Correct

 

B)

No

Incorrect

 

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