Civil Law In Action

Question 1

What are the pre-trial proceedings in the county and supreme courts?

Answer 1

1. Pleadings
2. Certification
3. Discovery
4. Directions hearing
5. Notice of trial
6. Offer of compromise
7. Mediation before trial

Question 2

What are the steps taken in the pleadings stage?

Answer 2

1. Writ is prepared
2. Statement of claim
3. Notice of appearance
4. Defence and/or counterclaim
5. Further and better particulars

Question 3

What are the certifications required by the courts?

Answer 3

Proper basis- certifies there is a proper basis for the claim or defence.

Overarching obligations- certifies the parties understand their obligations and responsibilities.

Question 4

What are the steps in the discovery stage?

Answer 4

1. Discovery of documents
2. Interrogatories
3. Discovery by oral evidence
4. Medical examinations

Question 5

What are the three different damages?

Answer 5

1. General
2. Specific/Special
3. Aggravated

Question 6

What are specific damages?

Answer 6

Items that can be calculated

Question 7

General damages?

Answer 7

Awarded for pain and suffering

Question 8

Aggravated damages?

Answer 8

Further compensation for humiliation or insult

Question 9

Nominal damages?

Answer 9

If rights have been infringed but no damage or loss

Question 10

Exemplary damages?

Answer 10

To punish

Question 11

Types of injunctions?

Answer 11

Restrictive- stop someone doing something.

Mandatory- make someone do something

Question 12

Order for specific performance?

Answer 12

Completing contract

Relating to sale of land

Question 13

5 dispute resolution bodies?

Answer 13

1. VCAT- Lists (Human rights list), discrimination and small civil claims.
2. Dispute Settlement Centre- Neighbourhood disputes
3. Family relationship centres- help families
4. Consumer affairs- consumer disputes
5. Ombudsman- issues with gov departments, statutory authorities or councils.