The fundamental purpose of the requirement that an originating process (“OP”) be served by personal service, prior to the commencement of proceedings, is to promote procedural fairness and natural justice . This essay will examine personal service in the context of civil procedure and the governing procedural rules pertaining to the personal service of an OP in New South Wales , as outlined in the Uniform Civil Procedure Rules 2005 (NSW) ("UCPR"). To avoid doubt, unless the context indicates otherwise, “defendant” and “claim” shall include the singular and the plural as an OP may comprise of multiple defendants and/or multiple claims.
“Service” is the process whereby a defendant is provided with a copy of an application filed to the court or other legal documentation prior to the commencement of proceedings . In some cases, actual notice is required. Actual notice occurs when documents are personally delivered to the defendant (“Personal Service”). Personal Service is a strictly constructed mechanical procedure that is generally required when effecting the service of an OP for pro...
This essay will hold a discussion regarding two main principles: fairness and justice. In particular, to what extent Australian legal system is based on fairness and justice?
9. Woodgate, R., Black, A., Biggs, J., Owens, D. (2003). Legal Studies for Queensland, Volume 1, ForthEdition, Legal Eagle Publications: Queensland. 10. Woodgate, R., Black, A., Biggs, J., Owens, D. (2003).
What I see as being two of the greatest challenges, for someone working as a human service professional, today - are the following: (1) having adequate places to refer a client to when others services are needed i.e., aftercare, housing, transportation, etc., or having to deal with lack of funds or waiting list due to state cuts and/or lack of staffing which also ties your hands, as a human service professional, when trying to find adequate services to meet the individual/s needs. Another challenge would be (2) keeping safe boundaries between and the client and yourself.
Snukals, Beverly W. and Glen H. Sturtevant Jr. "Pro Se Litigation: Best Practices from a Judges Perspective ." November 2007. University of Richmond Law Review. Web. 18 September 2013.
Roberson, C., Wallace, H., & Stuckey, G. B. (2013). Procedures in the justice system (1st ed.). [Vitalsource or Kaplan University]. Retrieved from https://online.vitalsource.com/#/books/9781269223119/pages/76743177
Since 15th century, barristers have been split up into two professions in United Kingdom, Barristers and Barristers. Barristers have traditionally been the people who research cases, deal with clients directly, and Barristers have had the rights of advocate in courts. Hence, Barristers' ethical duties are very important to the court and the client, and this is an essay to discuss the duties to the court, clients and conflicts in between.
Firstly, as barristers are professionally bound to accept a brief, the cab rank rule promotes access to justice by ensuring legal representation is available to all, including the undesirable client or the unpopular cause. This ensures equality before the law and allows clients to be represented by a barrister of their choice. As the choice belongs to the client, not the lawyer, this improves the quality of legal representation available. It promotes the ideal of service for t...
Volunteering can be gratifying and everyone should experience giving time to others without expecting anything in return. I have some history with The Excel Center in Kokomo, I am a recent graduate from there and have spent time tutoring when I can, to help other students succeed. After leaving there, I considered a future career within the walls of the school, I have even been told on numerous occasions that I am more than welcomed back after I finish my degree. Once I knew I had to volunteer in a human service field, I knew I wanted to give The Excel Center a shot right away, knowing this was a guaranteed place to be challenged and given an honest opinion of my work.
Self-Motivation; in the position of an employee and a student in Human Services I am offered the opportunity to review my function at this agency and question myself as student. A concept that I had to get used to in the beginning. This also has offered me a chance to grow and set my goals beyond that as an employee. As a student I am getting the opportunity to exploring areas of the agency functions and programs. This is not a chance that is readily handed to me because of internal relations of staff. As student I am building on opportunities to extend my knowledge of the agency and the programs offered to the members. This also offers me to the chance to become more familiar with the resources in the community, regardless if their free or
Why should high school students have to complete community service hours to graduate? When students start their high school career, they are thinking about their diploma and their future. People should not have to rake leaves for elderly people or serve food for their local retirement home to go to college. Getting good grades these days is hard enough, but trying to earn a certain number of community service hours makes high school even more demanding. Helping the community is great; however, during school hours, community service can cause students to miss class work, tests, etc.
WE can however, accommodate mechanisms which operate as additional or subsidiary processes in the discharge of sovereign responsibility. These enable the court system to devote its precious time and resources to the more solemn task of administering justice in the name of sovereign." Street, The language of alternative dispute resolution' (1992) 66 Australian Law Journal, 1994.
In order to fulfill the 12 hours of community service requirement for Nutrition course 139 I applied with five organizations on the approved list. The organization that replied me the fastest was Open Heart Kitchen, they mostly operate in Pleasanton and Livermore areas. Their application and signing up for shift process gives a feeling that this organization is massive, and many individuals really care about the less fortunate. From observation and conversations with the site supervisor, I believe this organization relies on individual donations, small business donations and large corporate donations such as Safeway and Walmart. This organization also relies on volunteers to work every day, they get workers from students fulfilling their hours and resume, individuals fulfilling court orders, and those that just want to help the less fortunate.
Individualism is rampant in our world. More and more people are concerned with what they want, when they want it and how they want it. They put blinders on and go about their work, convinced that “looking out for number one” is the only way to succeed and find happiness. If everyone were to adopt this way of thinking and living, the world would become violently competitive, gloomy, and callous. However, if we open our lives and give service to those less fortunate than ourselves, we allow our hearts to receive immeasurable happiness. There are countless members of society, who make service and ultimately self-sacrifice a part of their everyday lives. One of the greatest examples the world has of a self-sacrificing person is Mother Teresa. She said, “In this life we cannot do great things. We can only do small things with great love… It is not the magnitude of our actions but the amount of love that is put into them that matters.” Doctors Without Borders is a powerful humanitarian organization that was most recently volunteering in Haiti. Part of their mission statement reads, “…We unite direct medical care with a commitment to bearing witness and speaking out against the underlying causes of suffering. Our aid workers and staff protest violations of humanitarian law on behalf of populations who have no voice, and bring the concerns of their patients to public forums…” These are just two mainstream examples of people and organizations that live and work for others, to improve the quality of their lives.
The courts of England and Wales acknowledge that the above must be something of value, in order to amount to consideration. A valuable consideration in the perspective of the English La...
Though, the concept of community service is not very new its importance has developed in the past few years. There are thousands of organizations all over the world that engage and hold millions of young people all through the world. People of all age groups, with a maximum number of youth are involved in the process of community service. Community-based organizations include; social service organizations, non-profit providers and associations that engage both young people as well adults as volunteers. The process is beneficial both for the individuals as well as the society. Without community service people would not know the meaning of charity and giving back. Community service can be defined as a service that is performed for the benefit of the public. Community service is not a responsibly or an obligation; it is a commitment. A person must want to do it with good intentions and not because they are being forced to do so. Basically, community service is a way for a person to give back to a community in which they live.