U2 AOS2 - Courts

Question 1

Roles of the courts

Answer 1

• Determining the liability of a party
• Deciding on a remedy if required

Question 2

Determining liability

Answer 2

• The court will determine whether the defendant is liable, and if so, to what extent
  
  • The Magistrate, Judge or jury will consider the evidence and whether the plaintiff, on the balance of probabilities, has established that the defendant had caused loss or harm
  • The decider of the facts might also have to determine whether the defendant was fully liable for the plaintiff’s loss or harm (the plaintiff may have contributed, but there may be another party involved)
  • If the defendant has made a counterclaim, that matter will need to be decided as well
  • Strict rules of evidence and procedure will be applied
  • Courts provide specialisation in the type of dispute it is hearing
  • Judges also have significant case management powers, including powers to order parties to attend mediation before trial and to compel the discovery of documents by certain dates

Question 3

Deciding a remedy

Answer 3

• The remedy is a way for the court to right the wrong that has occurred to the party who has suffered loss
  
  • The most common civil remedy is damages, a monetary award. Another common remedy is an injunction
  • The magistrate judge or jury will need to assess damages based on evidence presented by both parties. However, in a defamation case, only a magistrate or judge can assess damages
  • If the parties have settled the dispute, they either obtain a court order to discontinue the case, or they may ask the judge to make an order in their agreed terms (but the judge can refuse)
  • In a class action, the judge must approve any terms of settlement

Question 4

Magistrate’s Court civil jurisdiction

Answer 4

• Original:
  
  • Minor claims up to $100,000 (e.g. negligence, contracts)
  • If a claim is less than $10,000, it’s referred to arbitration
• Appellate:
  
  • No appellate jurisdiction

Question 5

County Court civil jurisdiction

Answer 5

• Original:
  
  • Unlimited - usually over $100,000 (e.g. defamation, property purchasing)
• Appellate:
  
  • No appellate jurisdiction (unless granted under a specific Act of Parliament)

Question 6

Supreme Court (Trial Division) civil jurisdiction

Answer 6

• Original:
  
  • Unlimited (usually large and complex commercial disputes and class actions)
• Appellate:
  
  • Appeals from Magistrate’s Court on questions of law (unless decided by Chief Magistrate)
  • Appeals from VCAT on questions of law (unless decided by President or Vice-Presidents)

Question 7

Supreme Court (Court of Appeals) civil jurisdiction

Answer 7

• Original:
  
  • No original jurisdiction
• Appellate:
  
  • Appeals from County or Supreme Court (Trial Division) on questions of fact, law or amount of damages
  • Appeals from decisions by Chief Magistrate or VCAT President and Vice-Presidents

Question 8

Strengths of courts

Answer 8

• Judges are impartial referees who make decisions based on law or fact
• Courts aim to reduce delays and costs through active case management and giving directions or orders to the parties
• The court hierarchy results in judges and court personnel being specialised, ensuring fairness and expertise
• Practices have been adopted to reduce delays, such as reducing pre-trial procedures
• Formal court processes, case management and rules of evidence help to ensure procedural fairness
• The court hierarchy allows for appeals

Question 9

Weaknesses of courts

Answer 9

• The courts and the way they resolve disputes can be difficult for parties to understand (e.g. culturally diverse, mental impairment, little education)
• Too expensive for many Australians, due to the need for legal representation and discovery of documents
• Without expensive legal representation, a party may be at a disadvantage
• Despite reforms, there is still potential for significant delays
• Formalities of court may lead to stress, intimidation or anxiety
• The right to appeal is not automatic - leave must be granted