DP6 Roles of key personnel

Question 1

What is the judge?

Answer 1

An independent and impartial ‘umpire’ or ‘referee’ in a trial. Ensures court processes are carried out IAW court riles and that parties are treated fairly.

Provides final determination, ensures fairness, impartial, laws upheld

Question 2

When is a magistrate required?

Answer 2

• Magistrate hears a large volume of smaller cases
• Magistrates’ court hears civil disputes less than $100 000

Question 3

When is a judge required?

Answer 3

• Manage complex/larger civil claims
• County and Supreme courts have unlimited jurisdictions
• Supreme court is only for class actions
• Jury may be present to determine liability

Question 4

What are the roles of the judge/magistrate?

Answer 4

1. Act impartially
2. Case management
3. Determine liability and remedy
4. Decide on costs
5. Manage jury

Question 5

What does acting impartially involve?

Answer 5

• make decision on liability free from bias towards or against parties
• Independent of government and parliament - no decisions in favour of politics
• ensure rule of law upheld
• no relationships or connections with someone in case

Question 6

what does case management involve?

Answer 6

the judge can give directions to parties, and order mediation
- direction is instruction given by court to parties about the conduct of the case

Question 7

What are examples of directions?

Answer 7

• Outline timetabling of witnesses
• Requiring parties to attend ADR (mediation)
• Requiring parties to make amendments to pleadings
• Decide when parties must provide discovery of evidence

Question 8

POJ access link to case management (enhances)

Answer 8

Civil disputes managed in cost-effective and timely manner
- reduces delays in disputes and wider justice system
- Enhances parties ability to engage with courts

Question 9

How is fairness promoted though case management powers?

Answer 9

• Judge can ensure trial managed in a way that is just and impartial for all parties (e.g pre-tiral proceedures are conducted fairly, all parties know case against them)
• Ordering to attend mediation gives parties opportunity to participate in resolution of dispute (avoids full cost of trial)

Question 10

How is fairness limited though case management powers?

Answer 10

• parties may feel they cannot present best case if unable to question witnesses they want for as long as they want
• mediation occurs in private, disputes not resolved in open (open processes)

Question 11

How is access limited though case management powers?

Answer 11

Parties may feel unable to engage with legal system in the way they wish (e.g mediation)

Question 12

How is equality enhanced though case management powers?

Answer 12

Timely resolution or facilitation of out-of-court settlement benefits those with financial disadvantage.

Question 13

How is equality limited though case management powers?

Answer 13

Can add to costs (e.g legal rep present at mediation that is unsuccessful)

Question 14

what does determining liability and deciding on an appropriate remedy encompass?

Answer 14

decide whether defendant is responsible for plaintiff’s loss
- if liable, decide what remedy should be awarded
Jury will decide unless defamation

Question 15

What does the judge’s role on deciding costs encompass?

Answer 15

Decides which party bears legal costs of the case (can be through adverse costs order)

Question 16

What does the judge do when managing the jury?

Answer 16

Judge can give directions to ensure a fair trial
- explain elements of civil claim to be proven to the standard of proof
- can summarise case and include legal principles involved