Top Drafting Mistakes Lawyers Make
Top Drafting Mistakes Lawyers Make
Wednesday 4 July 2018
Recording and paper
Length: 1 hour and 24 minutes
Unit type: Professional Skills
Recorded on 4 July 2018

Master Norman, District Court of South Australia
Master Rice, District Court of South Australia

Tom Besanko, Jeffcott Chambers

Overview: Some Problems with Drafting Pleadings:
- Failure to follow the requirements of the rules
- Failure to use orderly paragraph numbering, and making typographical and formatting errors
- Failure to use consistent terminology
- Failure to provide sufficient particulars
- Confusing particulars with material facts
- Pleading evidence and not facts
- Not taking care when using precedents
- Pleading the law pertaining to the case rather than sticking to the material facts
- Neglecting the continuing review of a pleading
- Failure to take care when alleging alternative contentions
- Not taking care when referring to pleading documents
- Straying from the topic
- Dabbling in defamation pleadings unless you know what you are doing
- Not taking care when making admissions
- Not taking great care when pleading fraud
- Overusing the phrases "at all material times" and "relies on and repeats the facts in paragraph etc"

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