Unit 3 AOS2 Part 2 - The Victorian Civil Justice System

Question 1

Role of the Judge or Magistrate in a Civil Case

Answer 1

They should actively manage the case’s proceedings, ensure the trial’s efficiency, apply the rules of evidence, direct the jury (Judge Only), determine liability, award remedies and remain unbiased.

Question 2

The Role of the Jury in a Civil Case

Answer 2

Juries must remain objective, listen to evidence, listen to judicial officials and determine liability.

Question 3

The Role of the Plaintiff

Answer 3

They have control over much of the proceedings, must act following the ‘Civil Procedure Act 2010 (Vic)’, disclose evidence correctly, and give evidence.

Question 4

The Role of the Defendant

Answer 4

Has ‘Party Control’ over much of the proceedings, can raise defences, call witnesses, follow directions and disclose all relevant evidence documents.

Question 5

Class Actions

Answer 5

A legal proceeding brought by more than 7 plaintiffs acting themselves as well on behalf of the wider group of people who have claims with similar facts, has a lead plaintiff who assumes the financial burden and sometimes third-party litigants.

Question 6

Solicitors

Answer 6

A legal practitioner who prepares the civil case, communicates with the other parties’ representation, prepares legal documentation, researches laws and engages with the barrister.

Question 7

Barrister

Answer 7

A self-employed lawyer who regularly appears in court and is responsible for representing a party in a trial by presenting evidence, questioning witnesses and undertaking cross examination.

Question 8

The Need for Legal Practitioners

Answer 8

They can advise their clients on their rights, present evidence and question witnesses, provide objectivity and ensure documentation is handled.

Question 9

Consumer Affairs Victoria (CAV) (‘Australian Consumer Law and Fair Trading Act 2012 (Vic)’)

Answer 9

The Victorian civil complaints body provides information and helps resolve disputes to create a fair and competitive marketplace for consumers and businesses. Hears alleged violations against Consumer Law and Residential Tenancy law, utilises conciliation, and provides free online information and consultation.

Question 10

Victorian Civil and Administrative Tribunal (VCAT)

Answer 10

A dispute resolution body that has the power to hear and determine certain types of civil and administrative disputes. They aim to provide cheap and quicker dispute resolution and accessible services to everyone.

Question 11

The Courts

Answer 11

Through judicial determination which is a method of dispute resolution whereby a judge or Magistrate will make a legally binding decision after the parties have presented their case. Aims to provide knowledgeable officials, enforce fairness, provide access to jury trials, make legally binding decisions, order a remedy, provide the option to appeal and set precedents.

Question 12

The Impact of Cost in Civil Proceedings

Answer 12

Resolving civil disputes often comes at a high cost with court fees, engaging experts, legal representation and adverse court orders aswell as appeals.

Question 13

The Impact of Time on Civil Proceedings

Answer 13

Delays can be caused by court or VCAT backlogs, gathering evidence and jurys and the actual trial which can damage evidence and increase stress.

Question 14

Damages

Answer 14

A type of remedy in which a monetary payment is ordered to a plaintiff to compensate them for their loss. There are 4 types of damages

Question 15

1. Compensatory Damages

Answer 15

Monetary damages aiming to restore the plaintiff to their original position can be specific (quantifiable), general (not easily quantifiable) or aggravated (extra punishments).

Question 16

2. Exemplary

Answer 16

Damages that aim to punish the defendant and are usually larger than just compensatory costs.

Question 17

Nominal

Answer 17

A small monetary amount awarded to show the plaintiff is legally right, usually $1.

Question 18

4. Contemptuous

Answer 18

A small monetary amount is awarded to acknowledge that the plaintiff is legally right but not morally right.

Question 19

Purposes of Remedies

Answer 19

1. To return the plaintiff to their original position
2. To protect the plaintiff’s rights
3. To deter further breaches

Question 20

Injunctions

Answer 20

A type of remedy that requires a party to either perform a certain action or prohibit them from a specific action, there are 4 types of injunctions.

Question 21

1. Mandatory

Answer 21

Forces a party to do something

Question 22

2. Restrictive

Answer 22

Prevents a party from doing something

Question 23

3. Interlocutory

Answer 23

Lasts for a short time and is often awarded in urgent situations

Question 24

4. Final

Answer 24

Permanent and ongoing