7.6 The responsibilities of the parties and legal practitioners in a civil trial

Question 1

Who are the parties in a civil trial?

Answer 1

• the plaintiff (lead plaintiff in representative proceedings)
• the defendant

Question 2

What are the responsibilities of the parties?

Answer 2

• make decisions about the conduct of the case
• discover relevant documents
• comply with overarching obligations

Question 3

What does it mean to “make decisions about the conduct of the case?”

Answer 3

• each party controls the decisions about how the case will be run, as long as the rules of evidence and procedure are followed
• make decisions about claims they will make, and defences they may raise. As on the witnesses they call on

Question 4

What does it mean to “discover relevant documents”?

Answer 4

• parties must ensure they hand over key documents

Question 5

What are the 10 overarching obligations?

Answer 5

1. act honestly
2. only take steps to resolve or determine the dispute
3. cooperate
4. don’t mislead or deceive
5. use reasonable endeavours to resolve the dispute
6. ensure costs are reasonable and proportionate
7. minimise delay
8. disclose the existence of critical docs
9. only make claims with a proper basis
10. narrow issues down in dispute

Question 6

What are legal practitioners in a civil case?

Answer 6

legal practitioners undertake the role of preparing and conducting a case on behalf of the parties
- legal practitioners are experts who are familiar with civil trials

Question 7

What are the responsibilities of legal practitioners?

Answer 7

• comply with their duty to the court
• present their client’s case in the best possible light
• make opening and closing addresses
• present the case to the judge or jury
• comply with overarching obligations

Question 8

What does it mean to “comply with their duty in court”?

Answer 8

• legal practitioners cannot mislead or deceive the court, cannot place incorrect facts before the court

Question 9

What does it mean to “make opening and closing addresses”?

Answer 9

legal practitioners will ordinarily present the opening and closing addresses

Question 10

How do the responsibilities of parties uphold fairness, equality and access?

Answer 10

FAIRNESS
- parties have control, meaning they will ensure that the best evidence is presented

EQUALITY
- both parties have overarching obligations they must comply to

Question 11

How do the responsibilities of parties not uphold fairness, equality and access?

Answer 11

-

Question 12

How do the responsibilities of legal practitioners uphold the principles of justice?

Answer 12

ACCESS
- legal practitioners ensure that parties can understand proceedings and get the best possible outcome

FAIRNESS
- legal practitioners allow for the legal process to run smoothly and sure the right documents are being prepared