UNIT AOS2 - REMEDIES Flashcards
WHAT ARE THE 3 PRINCIPLES OF JUSTICE?
Fairness, Equality and Access
WHAT IS FAIRNESS AND GIVE ME AN EXAMPLE?
all people can participate in justice system and its processes should be impartial and open. e.g. the right to legal representation.
WHAT IS EQUALITY AND GIVE ME AN EXAMPLE
all people should be treated the same regardless of race and other personal attributes. e.g. availability of a translator
WHAT IS ACCESS AND GIVE ME AN EXAMPLE
all people should be able to use procedure methods that are apart of the legal system.
e.g. right to legal aid (lawyers, legal advisors)
WHAT ARE THE 3 TYPES OF METHODS TO USE TO RESOLVE DISPUTES?
mediation, conciliation and arbitration
MEDIATON
mediation uses the process of negotiation (a joint problem solving technique (non-judicial)
which involves parties to discuss issues with the aim of reaching an agreement)
- mediators cannot suggest or make and decisions for the parties
MEDIATION STRENGTHS AND LIMITATIONS?
advantages:
mediation doesnt involve court proceedings and legal representation saving costs
limitation:
generally conducted in private (which can limit fairness)
CONCILIATION
conciliation uses the process of negotiation (a joint problem solving technique(non judicial)
which they possess knowledge about the type of dispute and assists them)
- can suggest and offer opinions for parties
CONCILIATION STRENGTHS AND LIMITATIONS?
advantages:
conciliators are unbiased leading to a fairer income
limitations:
not legally binding
ARBITRATION
- arbitration is more formal than conciliation and mediation
conciliation uses the process of negotiation (a joint problem solving technique(non judicial)
listens to parties present evidence to make a binding decision
ARBITRATION STRENGTHS AND LIMITATIONS?
strengths:
legally binding (apply to both parties)
limitation:
expensive (limiting the ability for some to access it)
TRIBUNALS?
offer an alternative for traditional courts
(are designed to be faster, less expensive, less formal)
- typically hear and resolve disputes such as human rights
TRIBUNALS (VCAT) STRENGTHS AND LIMITATIONS?
strengths:
tribunals (VCAT) hearings are resolved quickly, which reduces delay
limitation:
must often self-represent
OMBUDSMEN?
ombudsmen acts as an independent body that watches the actions of businesses to ensure they are in following with the law
TYPES OF OMBUDSMEN?
- government ombudsmen
- industry ombudsmen
THE ROLE OF THE FAIR WORK AND PUBLIC TRANSPORT OF OMBUDSMEN
- created by the Fair Work Act 2009
- investigates complaints or suspected contraventions at workplaces, awards and agreements
COMPLAINT BODIES?
- complaints bodies investigate and resolve disputes through conciliation
- service is free
CONSUMER AFFAIRS VICTORIA (CAV)
CAV provides information and advice to consumers, businesses, and landlords about their rights and responsibilities and changes to the law
WHAT ARE THE 3 INSTITUTIONS TO RESOLVE A DISPUTE?
- tribunals, ombudsmen, complaint bodies
ORIGINAL JURISDICTION AND APPELATE OF MAGISTRATE
ORIGINAL JUSRISDICTION: minor civil disputes seeking claims up to 100k, claims below 10k referred to arbitration
APPELATE: None
ORIGINAL JURISDICTION AND APPELATE OF COUNTY
ORIGINAL JURISDICTION: 100k = unlimited
(can hear claims up to any amount)
often hears cases of defamation, etc
APPELATE: None
ORIGINAL JURISDICTION AND APPELATE OF SUPREME COURT (TRIAL DIVISION)
ORIGINAL JURISDICTION: 100k = unlimited
(can hear claims up to any amount
often hears cases of class actions or commercial disputes
APPELATE: cases from magistrate court or VCAT
ORIGINAL JURISDICTION AND APPELATE OF SUPREME COURT (COURT OF APPEAL)
ORIGINAL JURISDICTION: None
APPELATE: cases from county court and supreme court
questions of fact regarding to remedies
role of jury in civil trial
- to be objective
- to listen to all facts and evidence
- to concentrate during trial
- to listen to directions of judge
- to decide whose most likely wrong based on evidence
