Key Concepts and Procedures in Australian Civil Law

What are the key concepts of civil law?

Breach, causation, loss, limitation of actions, burden of proof, and standard of proof.

Who can be a plaintiff in a civil dispute?

Individual humans, companies, or government agencies.

How can children participate as plaintiffs in civil disputes under Australian law?

Children can sue via a 'next friend' or 'litigation guardian' who can commence proceedings on their behalf.

What is accessorial liability?

Liability for a person who aids, abets, procures, induces, or conspires with others in wrongdoing.

What is vicarious liability?

When an employer is held responsible for the actions of an employee if those actions cause harm.

What are the strengths of representative proceedings (class actions)?

Cheaper and faster for courts, ensures each plaintiff's case is heard, and reduces overwhelm from large defendants.

What are the weaknesses of representative proceedings (class actions)?

Highly complex cases, potential lack of individual voice, higher legal fees, and possible profit loss to litigation funders.

What is the role of a plaintiff in a civil dispute?

A plaintiff sues the person or company that has directly caused them loss or damage.

What happens if there are multiple wrongdoers in a civil dispute?

Both wrongdoers may be liable for the loss or damage suffered by the plaintiff.

What is the limitation of actions in civil law?

The time period within which a plaintiff must commence legal proceedings after a breach occurs.

What is an example of accessorial liability in civil law?

An accountant knowingly assisting a company director in breaching financial duties could be held liable.

What is the impact of a breach on the parties involved in a civil dispute?

The breach can lead to legal liability, financial loss, and the need for legal action to seek damages.

What is the standard of proof in civil law?

The level of evidence required to prove a case, which is typically 'on the balance of probabilities.'

What is the burden of proof in civil law?

The obligation of the plaintiff to prove their case against the defendant.

What is a possible defense in a civil dispute?

Defendants may argue that they were not responsible for the plaintiff's loss or damage.

What is the role of statute law in civil law?

Statute law provides specific legal frameworks and regulations governing civil disputes.

What is the role of common law in civil law?

Common law develops through court decisions and precedents, influencing the interpretation of civil law.

How does a plaintiff sue an insurer in a civil dispute?

A plaintiff may sue the insurer of the person who caused the loss or damage.

What is the significance of litigation funders in class actions?

Litigation funders may finance the legal proceedings but could take a significant portion of any awarded damages.