Unit 2 - AOS2

Question 1

Disbursements

Answer 1

Out of pocket expenses paid in the civil justice system, such as mediation costs, jury fees, and filing fees.

Question 2

Adverse Costs Orders

Answer 2

An order by the court for the unsuccessful party in a civil dispute to pay legal costs of the successful party.

Question 3

Mediation

Answer 3

A cooperative method of dispute resolution where conflicting parties discuss the issues involved to reach a mutually beneficial (non-binding) outcome.

Question 4

Terms of Settlement

Answer 4

A legally binding document that can be drawn up in mediation and conciliation cases, if both parties agree; allows the courts to enforce the outcome of the dispute.

Question 5

Conciliation

Answer 5

A process of dispute resolution where parties negotiate with the assistance of a third party (conciliator), to reach a (non-binding) outcome.

Question 6

Litigation (Judicial Determination)

Answer 6

The process in which parties present their claim to a judicial officer (e.g. judge or VCAT member), who will then decide a binding outcome.

Question 7

Consumer Affairs Victoria

Answer 7

A complaints body which investigates matters relating to consumer law (the purchase and sale of goods/services). Can offer free conciliation in some cases.

Question 8

Complaints Body

Answer 8

Official bodies given their power by parliament to deal with complains heard in specific areas. (e.g. Consumer Affairs Victoria).

Question 9

VCAT

Answer 9

Victorian Civil and Administrative Tribunal; a tribunal which hears a range of civil cases (note: not class actions, neighbours or employers). Offers mediation, conciliation, and litigation.

Question 10

Tribunal

Answer 10

Dispute resolution bodies given their power by parliament to here a range of civil disputes, while reducing workload on the courts. (e.g. VCAT).

Question 11

Ombudsmen

Answer 11

An official body or person given its power by parliament to investigate complaints made again specific industries or institutions. (e.g. Fair Work Ombudsmen). Note: services are free.

Question 12

Socioeconomic Status (SES)

Answer 12

The position of a person in society based on their social and economic factors, such as income and education.

Question 13

Mediator

Answer 13

The third party in mediation, that is trained in conflict management. Are not allowed to offer suggestions or make decisions, rather ensure both parties can present their side.

Question 14

Conciliator

Answer 14

The third party in conciliation, which is trained in an area of the law and can provide suggestions to the parties. Note: does not make the final decision.

Question 15

Arbitration

Answer 15

A dispute resolution method in which a third party (the arbitrator) listens to each side to make a final (binding) decision.

Question 16

Arbitral Award

Answer 16

The final decision made in arbitration; legally binding and enforceable through the courts.

Question 17

Arbitrator

Answer 17

The third party in arbitration; trained in an area of the law and responsible for making the final binding decision.

Question 18

Out of Court Settlement

Answer 18

A civil claim that is resolved outside of the court, such as in a tribunal or via mediation/conciliation/arbitration.

Question 19

Compulsory Conference

Answer 19

A conciliation process that parties must attend at VCAT before their claim goes to a final hearing (litigation).

Question 20

Final Hearing

Answer 20

A litigation process where a VCAT members makes a final binding decision for the parties (used when mediation and conciliation are unsuccessful).

Question 21

Applicant/Respondant

Answer 21

The plaintiff and defendant in a claim initiated within VCAT.

Question 22

Civil Jury

Answer 22

A group of 6 impartial members from the community which decide the liability of the defendant and award damages. Note: optional.