U3 AOS2 The Australian Civil Justice System (5) Flashcards
List the two types of injunctions that are able to be given
Short-term and long-term injunctions.
Direction (in reference to judicial powers of case management)
The discretion of a judicial power to manage a civil case, that is to make any order the court considers appropriate compelling one or more parties at any time during proceedings to do something that the court deems fit including prior to their formal commencement.
The purpose of the power to order mediation
The purpose of this power is to assist parties in coming to a fast and cost-effective resolution, therefore, expediting the process and avoiding wasting court time and resources. Parties can be referred to mediation at any time before the trial in the early stages of the trial.
Power to order mediation
Through this act a judge or magistrate is vested with the power to refer a civil despite, or party thereof, to mediation.
Which part of legislation does the power to order mediation come from?
Section 66 (1) Civil Procedure Act 2010 (Vic): A court may make an order referring a civil procedure or part of a civil proceeding to appropriate dispute resolution.
The purpose of the power to give directions
The purpose of this power is to give the judges the ability to maintain control over the proceedings by ordering parties to do certain things before and during the trial. To ensure that a civil proceeding is managed and conducted in accordance with the overarching purpose the court may give directions or make any orders it considers appropriate including any directions given or orders made.
Which part of legislation does the power to give directions come from?
Section 47 of the Civil Procedure Act 2010 (Vic) states that to achieve the efficient and timely resolution f cases: The court may give any direction or make any order it considers appropriate.
What are some of the types of directions?
Imposing timelines, restricting witnesses, limited examination or cross-examinations, mode of providing evidence, and relieving parties of certain obligations.
Power to give directions
Through this act the court may give an order to one or more parties, which imposes an obligation on a party to do something by a particular time or dictates how a proceeding is to be conducted. It is a very broad power that can include pre-trial directions such as encouraging the parties to cooperate, settle the whole or part of the proceedings, or use alternative methods of dispute resolution (e.g., such as mediation).
Give three examples of directions judges can make regarding the conduct of a trial
Setting a time limit for how long a witness may be questioned, limiting cross-examination time, and direct which evidence must be given orally and which may be presented in written format.
What happens if a party does not comply with the judge’s directions?
The court may dismiss the plaintiff’s claim, dismiss the defendant’s defence and find in favour of the plaintiff, reject any evidence the plaintiff or defendant wishes to present to the court, and direct one party to pay adverse costs.
Give two examples of direction given during civil pre-trial procedures
It is a very broad power that can include pre-trial directions such as encouraging the parties to cooperate, settle the whole or part of the proceedings, or use alternative methods of dispute resolution (e.g., such as mediation) or requiring the parties’ legal representatives to attend pre-trial conferences to clarify the issues that are in dispute (and avoid evidence being presented on facts the parties actually agree on).
What responsibilities does the court have under the Civil Procedures Act 2010 (Vic)?
The act states that the court must seek to give effect to the just, efficient, timely and cost‑effective resolution of issues in dispute and the court does so through its powers of case management.
What are judges’ responsibilities under the Civil Procedures Act 2010 (Vic)?
Under the (Civil Procedure Act 2010 (Vic)), judges are required to actively help achieve the just, efficient and timely resolution of a civil dispute.1Under this act, judges are given the power to make any directions they consider appropriate concerning the conduct of proceedings.
Judicial powers of case management
Judicial powers of case management are powers to make orders and directions regarding the pre-trial and trial procedures, including the parties’ conduct and are provided in the (Civil Procedure Act 2010 (Vic)).
