5: Enforcement Issues

Question 1

What are enforcement issues?

Answer 1

Normally there are two ways that a plaintiff will obtain a settlement or remedy.

1: By settling with the defendant before the court or tribunal hands down a decision.
2: By obtaining a remedy from a dispute resolution body’s such as a court.

Question 2

What happens if a plaintiff is successful?

Answer 2

If a plaintiff is successful, an order of some type will be made against the defendant.

Plaintiffs need to consider whether the defendant is able to pay, and if so, whether or not the defendant will pay.

Question 3

What are some issues a plaintiff may consider, in regards to the defendants situation?

Answer 3

• if the defendant is bankrupt
• if the defendant will pay
• the level of assets the defendant owns
• whether the defendant is in jail, or overseas.