Exam Flashcards
Fairness
“All people can participate in the justice system, and its processes should be impartial and open”
Equality
“All people engaging with the justice system and its processes should be treated in the same way. If the same way. If the same treatment creates disparity or disadvantage, adequate measures should be implemented to allow all people to engage with the justice system without disparity or disadvantage”
Access
“All people should be able to engage with the justice system and its processes on an informed basis”
Ombudsmen
An official appointed by the government to provide individuals and small businesses with an independent, timely, and accessible dispute resolution service
Remedy?
Any order made by a
court or tribunal that is
designed to address a
civil wrong or breach.
Purpose of remedies
To return the plaintiff to the original position they were in before the harm occurred
Injunction?
A court order made to stop any further harm from occurring
Common law
Court made law through interpretation of statute law
Implied rights
Not explicitly stated in the wording of the constitution but is considered to exist by the High Court’s interpretation of its meaning
Express rights
Explicitly stated in the wording of the Constitution
Statute law
The commonwealth, state, and territory parliaments have passed acts of parliament to protect some human rights
Purposes of civil law
Civil law provides guidelines for acceptable behaviour so that people can live in harmony and social cohesion can be achieved, e.g. regulations of the standard and quality of toys
Ombudsmen
An official appointed by the government to provide individuals and small businesses with an independent, timely, and accessible dispute resolution service.
CAV (Consumer Affairs Victoria)
Victoria’s consumer marketplace regulator. Supports Victorians to exercise their consumer rights, ensure that businesses and rental providers do the right thing, etc.
Purpose of remedies
To restore the plaintiff to the original position that they were in before the harm or suffering occurred
Magistrate court jurisdiction
Minimum of $10,000 and maximum of $100,000
Complaint bodies
Help individuals who have a complaint about goods, services, or a particular industry body
Causation
The direct relationship between one event (Event 1) and another event (Event 2), where Event 1 was the reason Event 2 happened, and Event 2 would not have happened by itself, without Event 1
Limitation of actions?
The time period within a wronged party can sue the wrongdoer. Once that time has passed, then the defendant can use the defence that the plaintiff is too late to obtain a remedy.
Defamation - 1 year
Contract breach - 6 years
the direct relationship
between one event
(Event 1) and another
event (Event 2),
where Event 1 was
the reason Event 2
happened, and Event 2
would not have
happened by itself,
without Event 1
Mediation
An impartial independent third party that allows the parties to talk with one another and come to a resolution among themselves (mutual agreement between parties)
Conciliation
An independent third party that offers suggestions on how to resolve the matter between the two disputing parties (cannot make a decision themselves)
Not legally binding unless both parties sign the ‘Terms of Settlement’
Features of mediation
Not legally binding unless both parties sign the ‘Terms of Settlement’
A mediator helps the parties feel more in control of the situation and also helps them come to a decision
Benefits of conciliation and mediation
Strengths – less formal than courts, less confrontation (less stress), less expensive, nothing can be held against them when discussed privately
