The Victorian Civil Justice System SAC 2A

Question 1

fairness

Answer 1

consistent processes and proceudres of the legal system applies to both sides.
impartial and independence nature of an judicator
timely resolution of disputes

Question 2

equality

Answer 2

all individual respective of gender, culture, disability are treated alike
judical proceedings are governed by a set of strict rules and proc

Question 3

access

Answer 3

being able to utilize the legal system in an effective manner
self funded meaning state X fund, X court resources or juries X provided

Question 4

purposes of civil law

Answer 4

to protect the rights of individuals and to resotre the injured party to orig positon

Question 5

remedy

Answer 5

award given by the court that can be enforced in order to restore the plaintiff to their originial position

Question 6

civil law legisilation

Answer 6

the civil procedure act 2010 vic
the charter of rights and responsibilities act 2006 vic

Question 7

plantiff

Answer 7

indiv/s that believe that their rights have been infringed and as a result suffered damage

Question 8

defendant

Answer 8

indiv/d that plantiff has alleged to have infinged rights

Question 9

standard of proof civil

Answer 9

on balance of probbailities

Question 10

liable

Answer 10

courts find def responsible for causing the infringment b/c act or omisison

Question 11

vicarious liability

Answer 11

legal responsibility of a third party for the wrongful acts of an other

Question 12

rep proceedings

Answer 12

class actions
intiatied by a lead plantiff arise out of similar or related legal intrests
must be 7 or more plantiff

Question 13

strengths rep proceedings

Answer 13

save cost and allow indiv to pursue legal matter w/o hinder of high cost bc shared by large group
gain share of damages varying on gravity of injury suffered
efficency of ocurts resources
remove power inbal by keeping large org accountable

Question 14

weaknesses rep proceedings

Answer 14

group members are bound by judgment unless opt out hence unable to initiate future private claim
controversy re equitable distribution off damages
excessive legal costs may consume awarded amount
lengthy b/c complex

Question 15

negotiation options

Answer 15

methods in which parties should ocnsider that allow them to negotiate their desired outcomes rather than involving an ajduciator.
purpose:
- parties to be in control of their descion
-maintain an ongoing relationship
- saves time and costs
- can be informal and private = which can decrease anxiety of coord

Question 16

negotiation options strengths

Answer 16

parties have great input into the outcome of their dispute
parties can have on going relationship as x adversarial
cheapest and most efficent option saving time and money

Question 17

negotiation options weaknesses

Answer 17

may x lead to desired outcome, time is wasted and courts may need to be used anyway
b/c there is no strict rules and procedures one party may dominate
no legal req to comply

Question 18

costs of pursuing the claim

Answer 18

parties must bear their own costs of the action must carefully consider costs

purposes
how much will it cost? in legal fees, court fees, payment for expert witnesses, disbarment fees
will the cost be recovered? parties must assess whether the cost of the damages recovered will be greater or less then cost pursuing claim
will the defendant be bale to pay the costs?

Question 19

costs of pursuing the claim STRENGTHS

Answer 19

parties must bear cost of the action so t/f choose the methods
non win no fee which menas not hindered by not being able to afford the legla rep
class actions = share the costs of legal fees

Question 20

costs of pursuing the claim WEAKNESS

Answer 20

the costs of the legal costs may be a barrier to accessing the cicvil justice system
if def x have means to pay then may be at a bigger finanacial loss
complex civil matters drawn out and take months

Question 21

limitation of actions

Answer 21

time period or limit from when damage occurred to the plantiff and the legal action is initiated
the limitations of actions act 1958 vic
purposes
ensure the avability of witnesses and documentation
prevent actions from being initiated after a substantial period of time
ensure plantiff acts within timely manner

Question 22

limitation of actions STRENGTHS

Answer 22

having time limits on the plantiff can intiate their legal claim means that any evidence witnesses that will be required to in trial
time limits = large degree of finality
flexibiility in LAA when courts can make an extension

Question 23

limitation of actions WEAKNESSES

Answer 23

b/c time delays may put pressure onto the courts to have enough room to hear cases in timely manner
barrier to intiate civil claim

Question 24

scope of liability

Answer 24

determining whether the defendant’s actions or omissions lef to plantiffs loss which is basis for claim
purpose
-to det whether p is taking legal action against correct parties
-to det whether def is liabille based on the basis of claim
-to det whether there are other possible defendants

Question 25

scope of liability STRENGTHS

Answer 25

allow p to focus on indiv, parties that are responsible for dmage/injury assesses the extent of liability/ cuasing injury/loss allow p to potentially recover further damages as alllows claim against employeer/ insurers

Question 26

scope of liability WEAKNESSES

Answer 26

vicarious liability hold employers liabile for the action of their employees when they have limited input or control over employees actions

Question 27

enforcement issues

Answer 27

factors that are plantiffs needs to consider when pursuing a civil case b/c the order or outcome decided may not be enforced plantiff may win but court des x enforced b/c def x have means or resources to comply purposes: - to determine whether the matter is worth pursuing and if so in what enviro and which methods t use - determine whether legal fees, dusburment fees will exceed amount awarded - whether the court can compel def to follow thorugh w order NO STRENGTHS

Question 28

enforcement issues WEAKNESSES

Answer 28

plantiffs may be limited in seeking a remedy if def x have means to pay plantiffs canbe limited in seeking a remedy if def in international jurtisdiction

Question 29

consumer afffairs vic (CAV)

Answer 29

indep gov stautory body created to regulate monitor and educate consumers about their rights and buisnesses obligations. purpose: assit vic in being responsible consumers and edu them on their rights and obligations. enusres that buis abide by cosume rlawd and provide avenues for consumers to exerice their rights

Question 30

who can cav assit jurisdiction

Answer 30

disputes b/w - consumers and buis re goods and sevices -landlords and tenants re rentla prop - re slae of propertyw regards to real estate agents, actions, private sale - re seller and purchaser of a motor vehicle - involiving builidng and renovation of prop - involve tenants within retir villages

Question 31

cav criteria

Answer 31

within cav jurisd parties have attempted self help but unsucc reasonable likelihood of success vcat or ocurts x been involved

Question 32

cav methods

Answer 32

self help and concil = x legaly binding cav may intiate civil action on behalf of consumers agaisnt buiss where there is breach of consumer laws

Question 33

cav strengths

Answer 33

procedural fairness, both parties present evidand arg to indep & impartial third party in concil free and accedssible to all vic cav will take party to court where necc

Question 34

cav weakness

Answer 34

must be within jrisd so limited cases concil = voulntary so cav x force party to attent if agreement x reached or party x comply then may drop or proceed to another dispute res, increasing time and more cost

Question 35

cav weakness

Answer 35

must be within jrisd so limited cases concil = voulntary so cav x force party to attent if agreement x reached or party x comply then may drop or proceed to another dispute res, increasing time and more cost

Question 36

cav appropriate when

Answer 36

in jurisdiction relates to infrig of consumer rights aim is to hold vic buis accountable self help was unsucc patries prepared to meet anach concl issue isnot before courts or vcat likely succ resl

Question 37

cav inappropriate when

Answer 37

if req by buis/landlord refuse to attend or comprimise likely to break agreement dispute involves employer and employee neighbour disputes car accid rep proceed

Question 38

vcat

Answer 38

stautory indep gov body hearing minor disputes provides relatively cheap timely and informal, efficent resloution for civil disputes applicant (p) applying and respondent (D) responds NOT bound by precedent and appels =limited only point of law

Question 39

vcat divisions

Answer 39

civil div adminstratuve div planning and enviro div human rights residential tenacies

Question 40

vcat purposes

Answer 40

- low cost approc $60 cost of filing minor matters, x hearing fee for some, costs further decreaseb/c parties can rep themselves - accessible many locations across vic, telephone and video conf avaliable - effiecent x lengthy court procedures = reduce wait times avg wait time for civ div = 10 weeks and 2 weeks for res ten, can be eresolved same day when in vcat -independent vcat members = independent and unbaised adud

Question 41

how does vcat resolve disoutes

Answer 41

1. mediation where parties meet w trained mediator to det if resolve disp w/o hearing, both parties voluntarily attend, imparital thrid party facilitates, parties = open and willing 2. compulsory confrences more complex matters but can be any dispute, vcat may direct parties to attend, idnetify and clairfy issues, promote settlemtn, identify ? of law and fcat, alllow directions to be given 3. hearings most formal vcat method beofre vcat memebr who considers evid, facts and submissions then makes alegal bind descion parties do oath/ affir when giivng evid

Question 42

vcat outcomes

Answer 42

pay money, resotre goods, undertake work, vacate property, cancel or vary contract, dismiss claim order may be enforced in courts

Question 43

vcat appeals

Answer 43

goes to sup crt coa if vcat member was county or sup judge goes to sup crt td in all other cases ONLY ON POINT OF LAW

Question 44

vcat appropriate when

Answer 44

parties explored all other disp resl mechanisms and unable to reach des parties req legal bind des made my expert on law reg in specific area dispute in vcat div resolution req in timely manner parties seek affordable flexiible and on going r/ship seeking opp to resolve in private

Question 45

vcat x appr when

Answer 45

x attempted to resolve disp x in vcat div complex area w high level of detialed evid and high damages party isunable to eff comm so may --> unequal pres of issue party want jury

Question 46

pre trial procedures legixlation

Answer 46

civil proceudre act 2010 (vic)

Question 47

pre trial procedures purpose

Answer 47

just, efficient, timely and cost effective resolution of disputes

Question 48

letter of demand

Answer 48

a letter sent from the plantiff to the defendant adivising them that legal proceedings will be initiated unless an agreement is reached. purpose: -establish the nature of plantiffs claims and remedy sought -indicates a time limit usually 14 days where defendant must respond -informs the def that a writ will be issued and served if failure to respond -enables an early settlement wihtout litigation

Question 49

writ

Answer 49

a formal doc that is issued to the def and also to the sup crt to outline the nature and facts of the case, beginning of litigation process IF letter of demand does not resolve matter The Supreme Court Rules 2015- req for pte trial proceudres for only sup crt

Question 50

purpose of a writ

Answer 50

-informs the defendant that litigation has now been initiated -the title of the action, full names + addressess of the parties and statement of claim -provides timely execution for the qrit (within 12 months) going to court expalins the protocol for issuing the writ - the doc can be served personally or via fax or telephone

Question 51

notice of appearance

Answer 51

doc lodged by def within 10 days or receiving the writ to indicate their intention to defend the claim The Supreme Court Rules 2015

Question 52

notice of appearance purpose

Answer 52

allows the def to choose whether they will represent themselves by filing a notice of apperance or ignore the writ informs the plantiff that the action will be defended

Question 53

pleadings

Answer 53

process whereby a large number of doc and info is exchanged b/w p and def as soon as notice of apperance is lodged by def incl: - statenent of claim -defence or counterclaim -reply

Question 54

purpose of pleadings

Answer 54

- outlines the precise nature of claim - defines the issues in disput and remedy sought - provided the def w a fair opp to deny, defend, admit or counterclaim - avoids waisiting unnecessary quesitons that are not in dispute reduces cost of claim -allows parties to weigh the strength of their case and helps the parites to reach a out of court settlement

Question 55

pleadings documents counterclaim

Answer 55

counterclaim= in some situations, the def may respond w a counterclaim -purpose: provides the defendant wiht an opportunity to bring action against the pl claiming that the pl was either parly ro completely responsible for the damage or injuty

Question 56

discovery

Answer 56

processes involving more info being exchnged to seek further clarification regarding the issues of the case

Question 57

discovery of documents

Answer 57

involves parties sending a notice to produce info to eachother which may include the requests to medical reports and expert witness reports, letters,emails and contracts, photograph generally a party cannot refuse to produce doc evidence if requested to do so by other party. failure to provide doc means x evid

Question 58

discovery purposes

Answer 58

allow parties to request more info an dinspection of doc, clarification of issues ensure parties disclose all relevannt doc in their poseession promote timely access to disp res as the ocurt has power to prevent unnecc discovery and limit the number of doc promotes out of court resolution, settkemetn as parties gain greater understanding of their chances of success in court

Question 59

discovery via interrogatories

Answer 59

both parties have the right ot request more information from the other side to aks further quesiots to gain a better understanding of the facts. must be anserwed in writing form of an affidavit

Question 60

purposes of discovery via interrogatories

Answer 60

to provide with nore detials info to encourage out of court sett as parties gain greater und of incons of the evid in the case to cross check evid givenin court with the present during integg, this can weaken an infiv cases

Question 61

discovery by oral exmination

Answer 61

sup crt provide that a prty may orally examine the other party cannot be conducted w/o consent of relevant party responses given by disc of oral examin recorded in deposition. can be evid in rtrial

Question 62

pleadings documents statement of claim

Answer 62

statement of claim= the first doc exchanged as part of the pleadings purposes - purpose: informs the def of the full detials of the acuse of action states the facts alleged by the plantiff enables the court to aseess if there is a reason to strike out the case

Question 63

pleadings documents defense

Answer 63

defense= a doc lodged by the def in response to the statement of claim - purpose: allows def to present their version of the facts and defend nay of the claims made against them, they may admit to some allegations and or deny others sets out the extent ot which the defendant considers they are liable, where a defendant files ab apperance, a defence should generally be served within 30 dyas

Question 64

role and responsibility of judge

Answer 64

impartial and independent adjudicator, remain neutral act imaprtially and treat each party equally -undertake case management: handling of the case during pre trial procedures and odering parties to attend mediation, imposing time frames for evidience submission -overseeing jury selection and empaneling -deciding on admissibility of evid -enforcing rules of evid and procedure - determining a remedy

Question 65

role and responsibility of jury

Answer 65

-listen and evaluate eivd, jury attend trial everyday and consider whether evidence preseneted suports or allows pl to meet their bop - applying the law, th ejury apply elements of the law to det if pl met their bop and sop -deciding fualt and awarding damages, if pl electjury to award remedies, can det damages UNLESS DEF

Question 66

role and responsibility of parties

Answer 66

preparing and preseneting their case in court, making descions suhc as iniitatiing legal action, nominating court to hear, det use of jury p role and res eg - det if initate or abandon legal clim - det app court based on rem - undertake necc processes in pretrial pro d role and res eg -agree, aprtly agree or deny claims -decide method of trial -engage legal rep

Question 67

role and responsibility of legal practitioners

Answer 67

comply w obligations under civ proc act - present their clinets in crt through preparing and presenthing their case -protect rights of their clients by ensuring fair and equal treatment in courtroom -research facts and relevant law -decide order and presentation of relevant materials and witnesses

Question 68

2 reasons for court hierarchy civil

Answer 68

administrative conv appeals

Question 69

administrative conveiinece

Answer 69

the courts priotitse/categorize and distribute the courts based on the complexity of the case this allows for minor cases to be heard in mag case with greater proportion of resources eg. 51 magistrates court locations distribution of limited and finite court resources