civil random

Purposes of mediation and conciliation

• Empower parties to come to their own agreement

• focus on needs and interests of parties

  • Can be conducted in a private, safe and more supportive environment

  • Less formal

• Provide a cheaper, faster and less formal dispute resolution method

Mediation and conciliation is appropriate

Relationship needs to be maintained, cannot afford court, want privacy and confidentiality, parties willing to discuss

Mediation and conciliation is not appropriate

Parties are highly emotional, power imbalance, matter is urgent, history of violence

Attachment of earnings

Order employer to pay an amount out of defendant’s wages to the plaintiff

Attachment of debt

Order a person who owes defendant money to pay it to plaintiff instead

Warrant to seize and sell property

Warrant for sheriff’s office to seize and sell property and pay plaintiff the proceeds.

Purpose of CAV

To assist people to resolve disputes efficiently and without cost and to encourage voluntary compliance with consumer law.

VCAT

A tribunal that hears and decides civil and administrative legal cases in VictoriaP

Purpose of VCAT

To provide a low cost, accessible, efficient and independent tribunal delivering high quality dispute resolution process through alternative dispute resolution.

Individuals in VCAT with goods and services claims up to $3000

$72 for application and single day hearing

Individuals in VCAT with goods and services claims between $3001 and $15,000

$240 for application and single day hearing

Healthcare card holders in VCAT with goods and services claims up to $15,000

Free for application and single day hearing

Healthcare card holders in VCAT with goods and services claims between $15,001 and $700,000

$179.60 for application and single day hearing

Time taken to resolve residential tenancies in VCAT

4 weeks

Time taken to resolve goods and services in VCAT

52 weeks

Time taken to resolve building and construction in VCAT

52 weeks

Appellate jurisdiction of SCOA

All appeals from SC and CC and from VCAT on point of law determined by the President or Vice President.

Original jurisdiction of SCTD

Claims for unlimited amounts and class actions

Appellate jurisdiction of SCTD

Appeals from MC and VCAT on point of law

Original jurisdiction of County Court

Claims for unlimited amounts

Original jurisdiction of MC

Claims for amounts up to $100,000

Pre trial procedures

• Directions hearing

• Discovery of documents

Directions hearing

Administrative hearing to decide direction of the case and the steps that must be taken before it can proceed to trial.

Discovery of documents

Process where parties exchange documents that are relevant to issues in the dispute

Judge’s role in discovery of documents

Limit the scope of discovery so only relevant documents are discovered

Power to give directions

Any it deems appropriate to ensure the proceeding is managed and conducted in accordance with the overarching purpose.

Eg → Limit expert evidence to specific issues (pre-trial direction), limiting the length/duration of parties submission to the court (trial direction)

Availability of jury

Not automatically used and during pleadings a party may request one however they will have to pay the related fees.

Jury fees

$1653 for first day and $300 to $550 per subsequent day

Default judgement

If the defendant doesn’t file a NOA or defence within 10 days of the service of the writ, the plaintiff may be awarded default judgement where they win the case by default.

Comply with overarching obligations of Civil Procedures Act 2010

• Act honestly

• Not make a claim that is frivolous or vexatious

• Take steps to resolve the dispute to avoid undue delay/expense

• Cooperate with the other party

• Minimise delays

• Disclose the existence of docs that are critical to the resolution of the dispute

• Not mislead

• Use reasonable endeavours to resolve a dispute by agreement or dispute resolution methods

Litigation funders

Organisations who enter a financial agreement with LP to pay costs associated with conducting the case and any adverse costs in exchange for a percentage of the damages awarded (normally 20-40)

Law firm

Who represent the LP obtaining a group costs order made by the court and cover the costs associated with conducting the case and any adverse costs.

No win no fee

Law firm covers legal representation and disbursement costs if unsuccessful

Injunction

A type of remedy consisting of a court order compelling a party to…

Damages

An award of monetary compensation to be paid by one party to the other

Remedies

Court order that upholds civil rights by providing relief for loss/harm suffered.

Purpose of restrictive injunction

Require defendant to refrain from an action to prevent further harm to the plaintiff.

Supreme Court filing fees

$2390

Mediation fees

$1014