People
The person, business or organisation that starts a civil action by bringing a claim against another party.
Plaintiff
A legal principle established by a higher court in an earlier case that must be followed by lower courts in future cases involving similar facts and legal issues. Precedent promotes consistency and predictability in the law.
Precedent
A specialist decision-making body that resolves disputes and reviews decisions in specific areas of law. In Queensland, the Queensland Civil and Administrative Tribunal (QCAT) provides a quick and inexpensive way to resolve many civil disputes.
Tribunal
A monetary remedy awarded by a court to compensate a plaintiff for loss, injury or harm suffered because of the defendant's actions.
Damages
A claim made by a defendant against a plaintiff within the same legal proceedings, alleging that the plaintiff is liable to the defendant.
Counterclaim
The person, business or organisation against whom a civil claim is brought and who must respond to the allegations made by the plaintiff.
Defendant
The legal obligation to prove a claim or allegation. In civil proceedings, the plaintiff generally bears the burden of proving their case on the balance of probabilities.
Burden of Proof
Processes used to resolve disputes without a court trial. ADR includes mediation, negotiation, conciliation and case appraisal, helping parties save time, money and conflict.
Alternative Dispute Resolution
A court order requiring a person or organisation to do a particular act or to stop doing a particular act. These are commonly used to prevent ongoing or future harm.
Injunctions
A civil proceeding in which one or more people bring a claim on behalf of a larger group who have suffered similar harm or loss from the same defendant.
An independent official who investigates complaints about the administrative actions of government departments, local councils and public authorities. In Queensland, the Queensland Ombudsman investigates whether government decisions and actions are fair, lawful and reasonable.
Ombudsman
The standard of proof used in civil cases. A court will find a fact proven if it is more likely than not to be true (greater than a 50% likelihood).
Balance of Probabilities