Legal Project Management Plan & Checklist
Purpose of this Guide: Use this plan when the client has contracted for services that have a failure of a substantial character or cannot be remedied, and wishes to cancel the services contract and recover payments made. This plan guides the practitioner through serving the cancellation notice and claiming restitution.
Jurisdiction: New Zealand Disputes Tribunal (national jurisdiction). This fork branches from the parent CGA plan to detail the specific steps required for cancelling services contracts.
Assess service care, skill, and fitness.
The Process at a Glance: The practitioner reviews the service performance to determine if the failure is substantial or irremediable. The practitioner drafts and serves a formal notice of cancellation on the service provider. The cancellation takes effect from the time it is served or when the client takes reasonable steps to communicate it. The practitioner then calculates the restitution claim for any monies paid and prepares the client to file a claim if the provider refuses to refund.
Key Legislation and Case Law: Consumer Guarantees Act 1993 - s 32(c) (right to cancel); s 35 (cancellation of contract for services); s 36 (rules relating to cancellation); s 37 (effect of cancellation); s 38 (power of Tribunal or Court to grant relief). Key cases: [Williams v Green [2019] NZDT 456](https://www.disputestribunal.govt.nz/).
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the New Zealand Consumer Guarantees Act Claim (Applicant) - Cancellation of Services Contract (Section 35) matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for CIVIL_LAW cases, outlining the standard DISPUTE_LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.
Serve formal cancellation notice under Section 35.
Formulate Disputes Tribunal services remedy claim.
Coach client on demonstrating service failures.
Got a question about this plan?
Ask in the practitioner Discord - edge cases, rule changes, and jurisdiction-specific nuances, all in one place.