UNIT 2: AOS 2 Flashcards
Civilian jurisdiction of the County Court
1 Judge and an optional jury of 6 Original jurisdiction: unlimited, litigants can choose to have their case heard in either the County Court or the Supreme Court Appellate Jurisdiction: no appeals, unless under a specific Act
Civilian Jurisdiction of the Supreme Court Trial Procedure
1 Justice and an optional jury of 6 Original Jurisdiction: unlimited Appellate jurisdiction: appeals on point of law from the Magistrates Court and VCAT
Civil Jurisdiction of the Supreme Court Court of Appeal
Appellate jurisdiction: with leave on point of law, or question of fact or amount of damages from a single judge of the county court or Supreme Court and from VCAT when constituted by the President or Vice President
Methods of Civil Dispute
Mediation
Conciliation
Arbitration
Judicial determination
Mediation
When the disputing parties come before an independent third party mediator who doesn’t enter the discussion however ensures that each party is given the opportunity to put their case forward. Mediation is not binding and requires each party to abide by the agreement, used when there is an ongoing relationship
Conciliation
Where the two parties come before an independent third party conciliator who listens to both sides and at the conclusion makes suggestions on how to resolve the dispute. The resolution is not binding
Arbitration
Where the disputing parties come before an independent third party arbitrator who listens to both sides of the dispute and makes a ruling which is legally binding
Judicial Determination
Where the disputing parties come before an independent third party justice, judge or magistrate (judicial officer) who listens to both sides and makes a decision, based on the evidence presented, which is legally binding on the parties.
Purpose of civil pre trial procedures
- to inform the defendant that a case is being brought against him/her
- to inform the plaintiff if the defendant wishes to defend the case
- to clarify issues in the dispute
- to allow the counsels for both parties to become familiar with the facts of the case
- to provide details about each other’s cases
- to give the parties adequate time to prepare
- to allow the parties time to consider the means of their cases
- to encourage out of court settlement
- to provide the court with a written record of the issues and arguments to be discussed during the trial
- to reduce the time in court as some issues will have been settled before trial.
Operation of civil pre trial procedures
Pleadings Discovery Directions Hearing Notice Of Trial Offer of Compromise
Pleadings
- A writ or originating notice
- A statement of claim
- A notice of appearance
- A defence and counterclaim
- Further or better particulars
Discovery
- Interrogatories
- Discovery (documentation, oral examination and medical examination)
Writ or Originating Notice
A document prepared by the plaintiff and issued by the court. This explains the action that will be taken against the defendant. It provides basic details such as; mode of trial, place of trial and how long the defendant has to file a notice of appearance
Statement of Claim
A document giving the details of the claim made by the plaintiff
Notice of appearance.
Filed with the court and served on the plaintiff by the defendant, showing that they want to defend the case
Defence and counter claim
Details about the defence being put forward by the defendant to the plaintiffs claims. A counterclaim is optional if the defendant thinks they have a claim against the plaintiff
Further or better particulars
Request of further details of the other party’s claims (more details of the case) e.g asking more details about that contract
Interrogatories
A list of questions about the case between either party
