remedies Flashcards
The principles of justice
Fairness: all people can participate in the justice system and its processes should be impartial and open.
Equality
all people engaging with the justice system and its processes should be treated in the same way; if the same treatment creates disparity or disadvantage, adequate measures should be implemented to allow all to engage with the justice system without disparity or disadvantage.
Access
all people should be able to engage with the justice system and its processes on an informed basis.
Mediation - facilitates
A cooperative method of resolving disputes used by courts, tribunals and other dispute resolution bodies.
The mediator facilitates discussion.
The mediator, an independent third party who does not interfere or persuade but helps the parties in a mediation as they try to reach a settlement of the matter.
Conciliation - suggests
A process of dispute resolution involving the assistance of an independent third party with the aim of enabling the parties to reach a decision.
Conciliator: The independent third party, who helps the parties reach an agreement that ends the dispute between them.
- Listens to both sides of the dispute and makes suggestions about appropriate ways of resolving the matter.
Arbitration - makes a binding decision
A method of dispute resolution in which an independent person (arbitrator) is appointed to listen to both sides of a dispute and to make a decision that is legally binding on the parties.
Arbitrator: The independent third party appointed to settle a dispute during arbitration.
Tribunals - Victorian Civil and Administrative Tribunal (VCAT)
Purpose/role: provides individuals with a low-cost, accessible, efficient and independent tribunal delivering high quality dispute resolution processes.
Ombudsmen - Public Transport Ombudsman (PTO)
Provides individuals with independent, timely and accessible dispute resolution services in particular industries.
-Provide a fair, free and independent way of handling complaints and resolving disputes.
Complaints Bodies - The Victorian Equal Opportunity and Human Rights Commission (VEOHRC)
Deal with complaints about the provision of goods and services, or decisions made by certain bodies or authorities.
- Intended to provide a free complaints and dispute resolution service
- free fair and timely
original jurisdiction
when a court is hearing a dispute for the first time
appellate jurisdiction
when a court is hearing an appeal
the role of the victorian courts
determine liability
- if a plaintiff sues a defendant in court, then it is the role of the courts to determine whether the defendant is liable, and to what extent.
- balance of probabilities
- whether the defendants liable for the plaintiff’s loss or harm.
decide on a remedy
- if the defendant is found liable it is the role of the court to decide on a remedy.
remedy
is a way in which a court can right the wrong that has occurred to the party who has suffered loss.
role of jury
composition
- 6 jurors in a civil jury
- each juror is randomly selected from the victorian electoral roll
- optional to have a jury
- in the county and supreme court
- only six jurors will be involved in deciding the verdict.
role
- to consider the facts of the case and decide who is most likely in the wrong/LIABLE.
- decision made on the BOP
- if an unanimous verdict cannot be reached, then a majority verdict will be accepted.
S+W
- jurors are independent and impartial.
- juries don’t give reasons for their decisions.
difficulties in the JS
First Nations people
- language differences = don’t speak english.
- cultural differences = strong connection to land and elders.
- distrust in the JS = trauma.
