Chapter 6.1

Question 1

civil justice system

Answer 1

a set of processes,
bodies and institutions
used to resolve civil
disputes

Question 2

civil dispute

Answer 2

a disagreement between
two or more individuals
(or groups) in which one
of the individuals (or
groups) makes a legal
claim against the other

Question 3

remedy

Answer 3

any order made by
a court (or tribunal)
designed to address a
civil wrong or breach. A
remedy should provide
a legal solution for the
plaintiff for a breach
of the civil law by the
defendant

Question 4

liability

Answer 4

legal responsibility for
one’s acts or omissions

Question 5

key stages of a civil dispute

Answer 5

• Attempts to resolve dispute
• Decision to initiate a civil claim
• Resolution of dispute (e.g. through mediation or at trial)
• Remedy awarded or resolution reached
• Enforcement procedures

Question 6

key purposes of the civil justice system

Answer 6

• enable a person to enforce their legal rights or take action over legal wrongs
• determine whether the defendant has a liability to that person
• award a remedy where the defendant has been found liable.

Question 7

Australia’s civil justice system

Answer 7

Australia does not have a single civil justice system due to each state’s and territory’s control over civil law. This means each state and territory has:
- Its own system for resolving civil disputes
- Its own civil laws
- Its own rules for determining civil disputes
- Its own courts and dispute resolution bodies, such as tribunals
The Commonwealth can also create civil laws in areas under its jurisdiction, with federal courts, like the Federal Court, and other federal bodies resolving disputes related to federal law.

Question 8

civil law

Answer 8

an area of law that
defines the rights and
responsibilities of
individuals, groups and
organisations in society
and regulates private
disputes

Question 9

Dispute resolution bodies in Victoria

Answer 9

• complaints bodies
• tribunals
• courts

Question 10

complaints bodies

Answer 10

Consumer Affairs Victoria (CAV) is a complaints body that investigates disputes between parties and offers dispute resolution services. It provides information about consumer laws, enforces these laws (such as investigating real estate agents), and helps individuals understand their rights and where to seek help. CAV also offers online resources to guide consumers.

Question 11

tribunals

Answer 11

The Victorian Civil and Administrative Tribunal (VCAT) resolves various disputes, including those about goods, services, and rental agreements. It operates similarly to a court but is less formal, faster, and more affordable, making it more accessible for smaller claims that typically don’t require legal representation.

Question 12

courts

Answer 12

Victorian courts, including the Magistrates’ Court, County Court, and Supreme Court, handle civil disputes within the state. However, federal courts, such as the Federal Court, can also hear civil cases, including class actions like the Montara Oil Spill case.

Question 13

Pre-trial procedures

Answer 13

Courts use pre-trial procedures as part of resolving disputes. These are useful to know as you work
through this and the next chapter. They are steps taken by the parties before trial to try to narrow the
issues in dispute and if possible resolve the dispute before hearing or trial. These procedures include:
- pleadings (statement of claim, defence)
- discovery of documents
- exchange of evidence
- mediation

Question 14

pleadings

Answer 14

(in civil cases) a pretrial procedure during
which documents are
filed and exchanged
between the plaintiff
and the defendant and
which state the claims
and the defences in
the dispute

Question 15

statement of claim

Answer 15

a document filed by the
plaintiff in a civil case to
notify the defendant of
the nature of the claim,
the cause of the claim
and the remedy sought

Question 16

defence

Answer 16

(in a civil case) a
document filed by the
defendant which sets
out a response to each
of the claims contained
in the plaintiff’s
statement of claim; part
of the pleadings stage
of a civil dispute

Question 17

discovery of
documents

Answer 17

a pre-trial procedure
which requires the
parties to list their
documents relevant
to the issues in
dispute. Copies of
the documents are
normally provided to
the other party

Question 18

exchange of evidence

Answer 18

which is where the parties exchange the evidence that will be given at trial.
The parties may be relying on lay evidence (where people give evidence about what happened
or what they saw) or on expert evidence (where experts give evidence about their professional
opinion, such as a medical professional giving evidence about a psychological injury suffered by
the plaintiff)

Question 19

mediation

Answer 19

a method of dispute
resolution that uses an
independent third party
(the mediator) to help
the disputing parties
reach a resolution

Question 20

parties in a civil dispute

Answer 20

A civil dispute involves two parties:
* the plaintiff – the party who commences a civil action and who claims that their rights have
been infringed or a wrong has occurred. The plaintiff is also known as the aggrieved party or
wronged party
* the defendant – the party who is alleged to have infringed the plaintiff’s rights or is alleged to be
responsible for the wrongdoing

Question 21

sue

Answer 21

to take civil action
against another person,
claiming that they
infringed some legal
right of the plaintiff (or
did some legal wrong
that negatively affected
the plaintiff)

Question 22

damages

Answer 22

an amount of money
that one party is
ordered to pay to
another party for loss
or harm suffered. It
is the most common
remedy in a civil claim

Question 23

Employers making a civil claim

Answer 23

If an employee infringes someone’s rights while performing their job, the injured person may sue the employer under the concept of vicarious liability. This holds employers responsible for their employees’ actions because they have the ability and duty to control them. For instance, if a chef’s negligence leads to food poisoning, the employer could be sued, provided the employee was acting within the scope of their employment.

Question 24

vicarious liability

Answer 24

the legal responsibility
of a third party for
the wrongful acts
of another (e.g. an
employer’s liability
for what their
employees do)

Question 25

Children

Answer 25

A child under the age of 18 can sue another person or group through a litigation guardian, often known
as a ‘next friend’. This is usually a parent or guardian.
Children can also be sued. The extent of their legal liability depends on the child’s level of maturity
and the behaviour expected of a child of that age.

Question 26

Types of civil disputes

Answer 26

• defamation
• trespass to land
• will and inheritacne
• breach of contract
• nuisance
• negligence

Question 27

defamation

Answer 27

Defamation relates to saying or publishing material which causes damage to another person’s reputation. For example,
a newspaper article might falsely report that a business
owner has committed fraud, which drives customers away.

Question 28

tresspass to land

Answer 28

Trespass to land occurs when someone goes onto another
person’s land without permission. For example, a news
photographer who refuses to leave your home when asked to
go may be trespassing on the property.

Question 29

wills and inheritance

Answer 29

Wills and inheritance claims involve disputes over a will. For
example, an elderly person might be pressured into making
a will that leaves all their money to a scam artist. The family
could go to court to claim that the will was not valid.

Question 30

Breach of contract

Answer 30

Breach of contract actions arise where someone has failed to
do something they promised in a legally binding agreement.
For example, you might pay in advance for a new car, but when
the time comes for delivery you find out the dealer sold it to
someone else for more money, in breach of your contract.

Question 31

nuisance

Answer 31

Nuisance claims are made by people who have lost enjoyment
or use of property (either public or private). For example, a
stench coming from a nearby factory might be a legal nuisance
because it interferes with a person’s ability to enjoy their home.

Question 32

negligence

Answer 32

Negligence occurs when someone owes a duty of care to
another and breaches that duty, causing harm or loss to them.
For example, a doctor might carelessly cut an artery during a
medical procedure and harm the patient. The patient may sue,
alleging a breach of duty of care owed to them.

Question 33

lead plaintiff

Answer 33

the person who is
named as the plaintiff
in a class action
and represents the
group members; also
sometimes referred to
as the representative
plaintiff

Question 34

class action

Answer 34

a legal proceeding in
which a group of seven
or more people who
have a claim against
the same person based
on similar or related
facts bring that claim
to court in the name
of one person; also
called a representative
proceeding or a group
proceeding

Question 35

group member

Answer 35

(in relation to class
actions) a member of a
group of people who is
part of a class action