Dispute Resolution Bodies and Methods
How much does it cost to use an ombudsman?
Nothing!
How many types of compensatory damages are there?
3
What is an injunction?
A type of civil remedy where the court orders the defendant to either undertake or refrain from undertaking an action
Who are the best selling Swedish band of all time?
ABBA
List one similarity between mediation, conciliation, and arbitration
Independent third party
Less formal than courts
Cadence broke her leg due to slipping at the supermarket. What kind of damages would the supermarket have to pay?
Specific damages
What is a restrictive injunction?
Stops the defendant from doing something
Albert Einstein
List one advantage of mediation
1. Cheaper cost
2. Quicker
3. Less formal
What are exemplary damages?
Where the court seeks to punish the defendant, show disapproval and deter others from the same act.
What is a mandatory injunction?
Compel someone to do something
What is the Spanish word for bull?
Toro
List one ombudsman, complaints body, and tribunal
1. Telecom, Public Transport
2. VEOHRC, CAV
3. VCAT, National Sports Tribunal, Fair Work Commission
What are contemptuous damages?
Where the court believes that a plaintiff has a legal right to damages but does not have a moral right
One strength of an injunction
1. Flexibility - can be temporary or permanent
2. Judges can rescind injunctions
What is the capital city of the Philippines?
Manila
What is the name of the legally binding decision that comes from arbitration?
Arbitral award
Provide one strength and one weakness of damages as a remedy
1. Can provide compensation even if the loss is not physical
1. Defendant might not be able to pay
Two weaknesses of injunctions
1. Injunction may not adequately compensate for the time, stress and inconvenience of court proceedings
2. Defendant may not comply with the injunction
3. Plaintiff might not be returned to their original position
finish lyrics - 'Is this real life? Is this just fantasy? Caught in a landslide,....................'
no escape from reality
(Bohemian Rhapsody)