3.2.2 key concepts of the civil justice system

Question 1

the burden of proof (civil)

Answer 1

the party responsible for filing the civil suit and meeting the standard of proof.
in civil proceedings, this sits with the plaintiff.

Question 2

standard of proof (civil)

Answer 2

level of the proof that the plaintiff must reach in order to be successful in a civil suit.
in civil proceedings “on the balance of probabilities”
meaning it is “more likely than not” that the defendant is responsible

Question 3

representative proceedings (class actions)

Answer 3

can be commenced in the Federal Court by a representative applicant in circumstances where seven or more people have claims which arise out of the same or related circumstances.
(when a person files a civil suit on behalf of multiple people who were affected in a similar matter)

Question 4

types of class actions

Answer 4

workplace accidents
medical malpractice
financial malpractice
etc