factors to consider before initiating a civil claim - 3.2.2

Question 1

what are the factors that should be considered before engaging in legal action?

Answer 1

1. costs
2. limitations of actions
3. enforcement issues

Question 1

COSTS:

what do costs include in civil law?

Answer 1

• fees for legal representation
• disbursements: court fees, memdiation fees, expert witness fees
• adverse costs order

Question 2

COSTS:

why is legal representation a cost?

Answer 2

the client pays for a very high level of experience and knowledge on an hourly basis, this can be costly.
costs can depend on:
- complexity of the case
- which court its heard in
- size of the case
- expertise of legal practitioner

Question 3

COSTS:

what are disbursements?

Answer 3

they are out-of-pocket expenses that occurs in a court case and does not include legal representation fees.
they include:
- court fees: such as filing fees and hearing fees
- mediation fees
- expert witness fees: give an expert opinion in court

Question 4

COSTS:

what are adverse court orders?

Answer 4

if claim is unsuccessful the plaintiff has to pay their own legal costs and might have to pay some of the defendants costs too.

Question 5

what are limitations of actions? and what are reasons for limitation of actions:

Answer 5

it is a restriction placed on the time within a civil action can be commenced (limitiations of actions act 1958 vic)
reasons:
- defendant does not have to face action after a significant period of time
- evidence is not lost and people can still remember the facts
- disputes can be resolves as quickly as possible

Question 6

what are the limitation of actions for: defamation, contract law and personal injury (general)?

Answer 6

defamation: 1 year
contract law: 6 years
personal injury (general): a. 3 years b. 12 years if resulted in death or personal injury with which the action is concerned.

Question 7

what is enforcement of issues? and what are considerations made?

Answer 7

plaintiff must consider if the defendant is able to pay.
considerations:
- if defendant is bankrupt
- if defendant can pay
- if defendant is in jail
- if defendant is a company
- the location of the defendant and if they can be contacted
- if the plaintiff knows who the defendant is.