Remedies

Question 1

What is civil law?

Answer 1

Civil law is an area of law that defines the rights and responsibilities of organisations and individuals in society, as well as regulating private disputes.

Question 2

What are the names given to the parties in a civil dispute?

Answer 2

The plantiff - The person who commences a claim
The defendant - The person being sued

Question 3

Define the principle of fairness

Answer 3

Fairness is one of the principles of justice. Fairness means that fair processes and hearings should be ensured in a case. This means that parties in a legal case should have the opportunity to present their side of events and understand the facts of a case.

Question 4

How is fairness upheld?

Answer 4

In a civil dispute, Fairness is upheld by ensuring that all parties in a case know what the claims and defences are, and by having an opportunity to present their side of events.

Question 5

Define the principle of Equality

Answer 5

Equality is one of the principles of justice. Equality means that all people should be treated equally before the law, and have equal opportunity to present their case without advantage or disadvantage.

Question 6

How is Equality upheld?

Answer 6

Equality is upheld by making sure that both the plaintiff and defendant are treated the same, regardless of their race, gender, religion Etc.

Question 7

Define the Principle of access

Answer 7

Access is one of the principles of justice. Access means that all people should understand their legal rights, and pursue a case.

Question 8

How is Access upheld?

Answer 8

Access is upheld by allowing people to use procedures and methods to resolve a civil dispute

Question 9

What is a Tribunal?

Answer 9

A dispute resolution body that resolves disputes and is intended to be a less costly and faster way to resolve civil disputes rather then courts.

Question 10

What is a remedy

Answer 10

A remedy is a court order designed to address a civil wrong or breach. Remedies should restore the plaintiff to a position they were in before they suffered a loss or injury.

Question 11

What is an Alternate dispute resolution method

Answer 11

A way to resolve a civil dispute that doesnt involve a court or tribunal

Question 12

Why does the legal system encourage ADRM?

Answer 12

Because dispute resolution methods are often less costly, and less stressful then courts or tribunals.

Question 13

What is Mediation?

Answer 13

A cooperative method of dispute resolution that uses an independent third party to encourage the disputing parties to reach a resolution

Question 14

What is the role of a mediator?

Answer 14

To assist the disputing parties in reaching a resolution by empowering both parties to feel like they are in control of the situation and more confident during negotiations.

Question 15

What is a term of settlement?

Answer 15

A term of settlement is a document that sets out the terms on which the parties agree to resolve their dispute.

Question 16

What is Conciliation?

Answer 16

Conciliation is a method of dispute resolution that uses an independent third party WITH specialist knowledge about the dispute, and helps encourage the parties reach a resolution.

Question 17

What is the different between conciliation and mediation?

Answer 17

Mediators discusses possible solutions with the disputing parties, and does not need to be an expert in that area of law, whereas conciliators are usually someone with knowledge about the matter of dispute.

Question 18

What are similarities between Conciliation and mediation

Answer 18

Both methods involve an independent third party listening to the disputing parties and helping them reach a resolution.

Question 19

What is a Compulsory conference?

Answer 19

A confidential meeting between the parties involved in a dispute to discuss ways to resolve their dispute.

Question 20

What are Two strengths of Mediation and Conciliation

Answer 20

Mediation and conciliation are less confrontational than a courtroom, which can help relieve stress felt by the parties.

Mediation and conciliation are less formal then a courtroom, which relieves stress felt by the parties.

Question 21

What are Two weaknesses of Mediation and Conciliation

Answer 21

Both parties have to be willing to participate. If one or both refuses, its a waste of time and money

Unless the parties enter into terms of settlement, the decision made is not legally binding.

Question 22

What is Arbitration?

Answer 22

Arbitration is a method of dispute resolution that involves an independent third party listening to both sides of a dispute and making a decision that is legally binding on both parties. Known as an arbitral reward.

Question 23

What are the two instances where arbitration can be used?

Answer 23

If the parties agreed that any dispute that arises between them will be resolved by arbitration Or in the magistrates court, which uses arbitration to resolve claims of under $10000.

Question 24

What is a complaints body?

Answer 24

An organisation established by parliament to resolve complaints made by an individual about the conduct or behaviour of another party

Question 25

Where do tribunals get their power from?

Answer 25

Tribunals get their power from parliament, parliament will pass a statute giving the tribunal authority to hear and determine certain types of cases.

Question 26

What is the purpose of a tribunal?

Answer 26

The purpose of a tribunal is to provide individuals with a low cost and efficient method to resolve disputes, Increasing the community’s access to legal resources.

Question 27

What are the 3 Commonwealth tribunals?

Answer 27

Administrative appeals tribunal
Fair work commission
National Native title tribunal

Question 28

What is VCAT?

Answer 28

Victorian civil and administrative tribunal is a tribunal that deals with large civil disputes and is the largest Tribunal in victoria.

Question 29

What are the strengths of VCAT

Answer 29

Legal representation is not required, Hearings are short, Its low cost so everyone can have access to dispute resolution

Question 30

What are the 5 divisions of VCAT?

Answer 30

Administrative Division, Civil division, Humans rights division, Planning and environment division, and Residential tenancies division

Question 31

What is the purpose of VCAT?

Answer 31

To provide Victorians with low cost, efficient and accessible tribunal that delivers high quality dispute resolution

Question 32

What is an Ombudsman?

Answer 32

Ombudsman is an officeholder with the power to investigate and report on complaints against a company or organisation

Question 33

Where do Ombudsman obtain their power?

Answer 33

Ombudsman obtain their power to hear complaints from parliament through the passing of a statute

Question 34

What is the role of an Ombudsman?

Answer 34

The role of an Ombudsman is to provide individuals and small businesses with timely and accessible dispute resolution services in regards to certain organisations.

Question 35

What are the two types of Ombudsman?

Answer 35

Government ombudsman: who deals with disputes about government agencies

Industry Ombudsman: Who deals with disputes between consumers and businesses in particular industries

Question 36

Are ombudsman free?

Answer 36

Unlike courts and tribunals, an ombudsman’s services are free, and most ombudsman has the power to hear complaints from individuals about businesses.

Question 37

What do Ombudsman do?

Answer 37

An Ombudsman will first to try to resolve the complain by working with the disputing parties, if a resolution cannot be reached, the ombudsman has the power to make a legally binding decision

Question 38

Why are Ombudsman beneficial?+

Answer 38

The services of an ombudsman are free, Additionally, Ombudsman hear complaints from individuals about the agencies and businesses, Which helps to overcome the power imbalance of individuals dealing with large companies or service providers.

Question 39

Name one federal Ombudsman and describe its function

Answer 39

The telecommunications industry ombudsman provides individuals with a dispute resolution service to help resolve their complaints about their telephone or internet services

Question 40

What is the Fair work ombudsman?

Answer 40

The Fair Work Ombudsman provides information to employers and employees to help them understand their rights and responsibilities under Australian workplace laws.

Question 41

Name one Victorian Ombudsman and describe its function

Answer 41

The public transport ombudsman investigates and resolves complaints about public transport services.