Unit 2 Aos 2

Question 1

What is a commonwealth and state tribunal

Answer 1

Fair work

Mental health

Question 2

What’s an example of an ombudsman

Answer 2

Telecom industry ombudsman

Question 3

What are the two roles of the court

Answer 3

Determining liability

Deciding on a remedy (if required)

Question 4

What’s the role of vcat

Answer 4

Vic civil and administrative tribunal
Busiest,
tenancy division, civil d, human rights d, admin d
Process- applicant makes an application and other party is respondent
Utilises dispute resolution methods such as mediation and compulsory conference. Vcat memebers act as the independent third party there’s around 200 and they then report to the president of vcat.

Question 5

Distinguish between counciliation and arbitration

Answer 5

Counciliation- counciliation listens and makes suggestions, assists, final decision is made by parties and isn’t binding, however it could turn into a term of settlement, specialised courts use it.

Arbitration- makes a binding decision, available in all disputes but generally in commercial situations, arbitrators will generally have knowledge of the subject matter and the law,

Both have costs

Question 6

Describe the two main types of remedies

Answer 6

Damages- compensatory damages (general= pain and suffering, specific= calculated objectively eg wages, aggravated= injured plaintiffs feelings eg no remorse)

• nominal (if not that much loss)
• exemplary (punitive = punish, so negligent they must deter others, if disrespect is shown)
• contemptuous (small amount of compensation because they don’t deserve it)

Injunctions - remedy in the form of a court order telling someone to do or not to do something

• restrictive (stopping)
• mandatory (compelling)

Question 7

What are interim interlocutory and final injunctions

Answer 7

Interim- short period of time, for ergent situations, eg party knows something that will disrupt the status quo)

Interlocutory- preserves status quo until trial

Final is granted at a trial once all evidence has been considered

Question 8

How do juries achieve fairness and access

Answer 8

Impartial and independent
Community involvement
Could be bias (negative)
Expensive (negative)