Certification requirements - Mini-scenario 3

Facts

Will Goats has caused significant damage to a property he was renting on 3 February 2005. He failed to pay rent on 5 February 2005 and subsequently ended his tenancy. His landlord, Michael Loomblerg, has been chasing Will for nearly 6 years, trying in many ways to resolve the dispute by agreement (e.g. by arrangement a repayment plan or discounting the debt). However, due to his kind nature Michael Loomblerg has never engaged in legal action. However, upon receiving legal advice, he files an originating motion on 1 February 2011 to recover this debt, without providing any certificates. Section 5(1)(a) of the Limitations of Actions Act 1958 (Vic) prevents an action in contract or negligence in relation to property damage from being brought 6 years from the date on which the cause of action accrued.

1:Has Michael Loomblerg breached the Civil Procedure Act?
A)

Yes, because he has not provided any certificates upon filing his ‘first substantive document’

Incorrect

 

B)

Yes, because he would not have a proper basis for making any claims that would presumably be made in his originating motion

Incorrect

 

C)

No, because he has a proper basis for making any claims that would presumably be made in his originating motion

Incorrect

No, because he has a proper basis for making any claims that would presumably be made in his originating motion

D)

No, because as a matter of urgency the originating motion had to be filed

Correct

 

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