Chapter 7.11

Question 1

appropriateness of courts

Answer 1

• whether the dispute falls within the courts jurisdiction
• whether there are other or better ways to resolve the dispute

Question 2

jurisdiction

of courts

Answer 2

both the county court and supreme court of vic have unlimited jurisdiction to hear civil disputes. the magistrates court jurisdictional limit is 100000. A plaintiff who is seeking damages of more than 100000 must issue the claim in either county or supreme court, VCAT has exclusive jurisdiction over
- domestic building disputes
- residential tenancies
- retain tenancies disputes
- planning disputes

Question 3

other or better ways to resolve a dispute

parties should consider whether their are other or better ways to resolv

Answer 3

• whether the parties can resolve the dispute themselves
• the cost of taking a matter to court
• whether parties are prepared to accept risk and the uncertainty involved with a 3rd party
• whether they have access to legal rep
• whether they are comfortable with formailty
• size and complexity of the matter
• whether proceeding is a class action
• time taken to have matter heard in court

Question 4

strengths and weakness of courts

Answer 4

strengths
- various pre-trial procedures allow parties to reach an out of court settlement
- in undertaking various pre- trial procedures , the parties ensure a more effecient and timely solution
- ensure procedural fairness
- allows interaction between court and parties
- binding decision
weakness
- suffers delays
- costly
- complex procedures
- formalities and stressful
- courts dont allow compromise