Civil trial

Civil law

glossary definition: wrongs committed against private parties

• Regulates disputes between individuals, groups, or organizations where rights have been infringed (harm or wrong due to a breach).

• Seeks compensation or resolution between private parties (not involving government except as a party being sued).

• May or may not involve statute law; fewer community-wide implications than criminal law.

Examples of civil law

• Torts: negligence, defamation, nuisance (one party claims loss or damage caused by another).

• Contracts: legally binding agreements requiring offer, acceptance, intention to enter contract, and consideration (usually money). Breaches of any of these can lead to disputes.

• Other areas influenced by statutes: inheritance, workplace health & safety, family law.

Civil Procedure

• Most disputes resolved before trial due to cost, uncertainty, and binding court decisions.

• WA Supreme Court finalized 3,011 matters, only 51 went to trial. PAGE 143

• Procedures ensure equal opportunity to present cases before an impartial judge (reflects natural justice).

• No civil juries in WA since 1994 due to expense and complexity.

• Barrister fees can limit access to justice, but “no win, no pay” arrangements may increase access.

Pre trial documents

• writ of summons

• memorandum of appearance

• statement of claim (d and p)

• counterclaim by defendant

Writ of summons

issued by the plaintiff against the defendant and lodged with the court to initiate proceedings and notifies the court and defendant of legal action against them.

Statement of defense

lodged by the defendant with the court to notify plaintiff and court that defendant intends to contest the case in court. If it isn't lodged, plaintiff can ask court to make judgment.

Statement of claim

lodged by the plaintiff — itemized list of claims and facts to outline allegations and ascertain what is in dispute.

counterclaim by defendant

(optional) — defendant may also make claims against plaintiff which accompany statement of defense.

Discovery

Discovery by the plaintiff and defendant — each party prepares list of documents relevant to the case and inspects the other's.

Interrogatories

by the plaintiff and defendant — formal written questions sent from one to other, responses given in writing under oath (affidavit, can be used as evidence) to clarify facts and decide what evidence may be presented in trial phase.

Post trial phase- loser

If defendant wins, judge may order plaintiff to pay defendant’s costs (compensate for expenses).

Use of remedies

Remedies

• Remedies aim to restore the injured party to their position before the loss.

• Remedies are not punitive (no custodial sentences or sanctions).

• Civil Liability Act 2002 (WA) governs tort remedies and limits damages awarded.

• Remedies: damages that compensate for losses caused by wrongs- restitution (return of loss) or compensation for loss suffered by plaintiff.

Common remedies

• compensatory damages- general (pain or suffering) , specific (measurable financial loss)

• nominal damages- acknowledgement of a wrong, no monetary compensation, can be a dollar

• Common remedies: damages (monetary compensation) for losses suffered, restitution, or specific performance. PAGE 146. Palmer and McGowan 2022