POJ
Name the three principles of justice.
Fairness, Access and Equality
Name the three methods of dispute resolution.
Mediation, conciliation, arbitration
What does CAV stand for?
Consumer Affairs Victoria
How many jurors are used in a civil trial?
6-8
What are damages?
Money paid to plaintiff by defendant
Which principle of justice does delays relate to?
Fairness
Which method can make a decision for the parties?
Arbitration
What is the name of the third party in VCAT?
VCAT Member
Define jurisdiction of the courts.
The power of the courts to hear a case
What is the purpose of remedies?
To restore the plaintiff to their pre-harm position
Define substantive equality.
Disadvantage/disparity, adjustments/supports required to level the playing field
What happens to matters under $10,000 in the Magistrates' Court?
Sent to arbitration
List the types of matters CAV can hear.
Consumer Disputes and Residential Tenancies
Describe the original jurisdiction of the Supreme Court of Appeal.
None
Name the two types of injunctions.
Restrictive injunction AND Mandatory injunction
List 2 ways a party to a civil dispute can be informed.
Education online, information (lawyers, VLA)
Name one similarity between conciliation and arbitration.
Both conciliators and arbitrators are experts in their area of law. E.G. Consumer law
List something CAV offer that VCAT cannot offer.
Free dispute resolution service
What is a counterclaim?
The defendant making a claim in response to the plaintiff's original claim
What are the terms you should use to describe general and special/specific damages? Use 1 example for each.
Unquantifiable (e.g. pain) & quantifiable (e.g. medical bills)
What is apprehended bias?
Suspicion/belief that the third party (judge, mediator) may have a prejudiced mind
What does "without prejudice" mean?
Discussions/offers cannot be used as evidence at a later date
How many divisions does VCAT have? Provide 1 example.
5 - e.g. Administrative D, Civil D, Human Rights D, Planning and Environment D, Residential Tenancies D.
What does the jury decide in civil cases? You answer must be complete.
Questions of fact, decision of liability AND damages (but NOT for defamation trials)
Name one type of damages you do NOT need to know for your SAC.
Nominal OR Contemptuous OR Exemplary