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I received the submissions from the respondent last night….two and one half hours late. Which is not a major, but does demonstrate that they [there are 2 Senior Solicitors handling the case] are not really on to this case.

In addition the Judge had asked that if any common law cases were cited, to supply those cases.

I had cited about 25 cases and supplied them.

They had cited 3 cases, and have not provided those cases. Again, for me, no big deal, I can just go to the database and download the cases. There is only 1 case that is new to me and it is not authority for a particularly important point. It is a point that I agree with.

Then we come to the submissions themselves.


Without going into detail…..imagine that you are arguing a case based on “X”. The submissions state that the legal test is ‘abc’ which is based on the law for “Y”. A completely different area of law altogether!

Mistakes abound everywhere. Clauses are consistently cited for facts: they are incorrect and on it goes.

Arguments [submissions] are provided completely without authority. It is therefore not a submission at all…just an opinion.

I have the option of submissions in reply. I have 3 days. I’m not sure whether just to leave it as is, or, whether I ought to reply and highlight the most egregious errors.

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