defendant

Question 1

defendant

Answer 1

the party that is defending themself against a claim by another person, for an alleged breach of law
they are able to defend themselves against the plaintiffs claims, their aim is to convince the jurors or judge that they are not liable

Question 2

roles

Answer 2

• control their own case
• disclosure
• present defences

Question 3

control their own case

Answer 3

the civil trial system in vic allows the defendant to have full control over their defence case
they have the ability to raise relevant defences and call their own witnesses (following rules and procedures)
if the defendant does not believe the plaintiff has proven their case on the balance of probabilities, they have no obligation to present defences

Question 4

disclosure

Answer 4

parties have the role to ensure all relevant documents are presentefd to the court as per the civil procedure act 2010

Question 5

present defences

Answer 5

the defendant is able to present defences to the judge throughout the trial, as well as the jury if one has been selected

Question 6

overarching obligations

Answer 6

• act honestly
• not mislead or deceive
• minimise delay