KK6 + 7 Key personnel and the need for legal practitioners
How many jurors in a civil jury - are they necessary?
6 to 8 jurors, and optional
What is the minimum number of people required to commence a representative proceeding
seven
What does adversarial mean?
Courts operate in this manner: two parties battle each other, with only one side able to succeed.
Name the three main methods VCAT uses to resolve disputes.
mediation, compulsory conferences and final hearings
What is pro bono
This Latin-derived term means legal assistance provided "without charge"; Justice Connect and a Victorian Bar committee both provide it.
Name two things a legal practitioner does for a party that a self-represented plaintiff would struggle to do
presenting evidence in the most advantageous way, cross-examining witnesses effectively, and making objective decisions about how to present the case
The person who leads the class action proceeding is called this & everyone else is called...
lead plaintiff & group members everyone else
Name the four types of dispute that no court can hear, because VCAT has exclusive jurisdiction.
domestic building disputes, retail tenancies disputes, residential tenancies disputes, and planning disputes?
Because CAV's conciliation is not automatically binding, parties can sign this written document setting out the agreement reached
terms of settlement
Name three court costs a party must budget for.
Engaging expert witnesses and mediators; disbursements including filing and hearing fees; the cost of a jury if a party requests one; and adverse costs if the claim or defence is unsuccessful
What are case management powers
These are the judge's powers to give directions before and during a trial: ordering mediation by a certain date, limiting discovery, restricting the time for a hearing
What is a litigation funder
This third party pays the legal costs of a class action in return for a percentage of any settlement — usually between 20 and 40 per cent
one thing courts can offer that no other method or institution can
option of a jury
What is arbitration
Parties who don't want their dispute aired in an open hearing where the public and media can attend might choose this method instead.
Name the three factors that affect how long it takes for a case to be heard
backlogs, pre-trial procedures — particularly discovery, which can take months — and evidence gathering and preparation
A civil jury determines liability and the amount of damages — but there is one type of case where the jury cannot determine the remedy
defamation case, where the judge must determine the remedy
Everyone described as part of the group is assumed to be part of the proceeding unless they do this — which may allow them to pursue the defendant separately.
opt out
Courts follow strict rules of evidence and procedure. Give the upside and the downside of that formality.
upside: it ensures procedural fairness because everything is done the right way. Downside: it creates a stressful and intimidating atmosphere, and the complexity reduces access for the everyday person
ame the two threshold questions a party should ask before deciding to take a dispute to court
does the dispute fall within the jurisdiction of the court, and are there other or better ways to resolve the dispute
What are contemptuous damages
These damages are awarded because the plaintiff had a legal right to make the claim, but the court considers they do not morally deserve to be paid — showing the court's disapproval.
What is discovery and name one way a judge can manage it.
This is the pre-trial procedure where parties obtain copies of each other's documents. judge can limit it to a certain category of documents, to keep it from taking months
In the Lovisa class action, roughly this many former employees joined — and name two of the things they alleged
more than 300 — alleging they were required to work unpaid before and after shifts, through lunch breaks and at unpaid training sessions, plus underpayment, no reimbursement for travel, and being required to buy work items at their own expense
Give two negatives of using courts to resolve a civil dispute, beyond cost and delay.
the complexity of civil procedures increasing the need for legal representation; the stress and intimidation of formality; decision-making being placed with a jury of limited legal expertise; and the adversarial nature worsening relationships even after the dispute is resolved
Give two situations in which CAV would not be appropriate
where the matter is beyond their jurisdiction or involves laws outside Victoria; where one party is unwilling to participate, since conciliation relies on cooperation; where a binding resolution is needed or desired; and where the matter is too complex or would benefit from greater formality
Injunctions come in two types. Name both, give an example of each, and name the one type of damages that cannot be awarded in a defamation case.
restrictive injunctions — forcing a person to stop doing something, such as ceasing to publish defamatory material — and mandatory injunctions, forcing a person to do something, such as making a public apology or conducting repairs. Exemplary damages cannot be awarded in defamation cases.