AOS 2 Part 1 Flashcards
(16 cards)
what is the aim of civil action
to restore the infringed party to the position they were in prior to infringement
what is the burden of proof
the responsibility or onus on the initiating party to prove the wrongdoing
what is the standard of proof
extent to which the initiating party must establish the wrongdoing of the defendant
what is the standard of proof on
the balance of probabilities
what is the balance of probabilities
the court must be convinced it is more likely than not that the plaintiffs rights were infringed
what are three factors to consider in a civil dispute
costs
limitation of actions
enforcement issues
where do costs stem from in a civil matter
legal representation
court costs
cost of expert witnesses
lengthy processes
what is the limitations of actions
the time frame in which civil action can be launched
what legislation outlines the limitations of actions
Limitations of Actions Act 1958 (Vic)
what are a few enforcement issues?
acquiring damages from the defendant
what are some options for the successful plaintiff if they cannot receive damages
warrant of distress
attachment earnings
Garnishee order
what is a warrant of distress?
A warrant forwarded to the bailiff allowing them to seize and sell property belonging to the defendant. This money goes to the plaintiff
What happens if bailiff is unable to seize property
a fraud summons will be issued
what is a fraud summons
A summons for the defendant to attend court and pay damages or they face imprisonment
what are attachment of earnings
order requiring defendants employer to deduct amount of money owed from the defendants wages
what is a Garnishee order
Order to a third party who owes money to defendant to pay directly to plaintiff
