Unit 2: Remedies and Dispute Resolution (Civil Law)

A set of vocabulary flashcards covering key civil law concepts, dispute resolution methods, remedies, and court processes from the notes.

Civil law

An area of law that defines the rights and responsibilities of individuals, groups, and organisations in society and regulates private disputes.

Plaintiff

The person who commences the civil action.

Defendant

The person who is being sued.

Negligence

A civil law area dealing with failure to take reasonable care that causes harm.

Defamation

Damaging a person’s reputation by publication of false statements.

Nuisance

A civil wrong involving interference with a person’s enjoyment of land or use.

Trespass

Unauthorized interference with a person or their property.

Fairness (Principle of Justice)

All participants can participate; processes are impartial and open.

Equality (Principle of Justice)

Everyone should be treated equally by the justice system; rights to appeal and fair procedures.

Access (Principle of Justice)

People should be able to engage with the justice system and access information and services.

Mediation

A dispute resolution method using a neutral mediator to help parties reach a voluntary agreement; discussions are without prejudice and not binding.

Conciliation

A dispute resolution method using a conciliator who listens and suggests solutions; final decision is not binding unless terms of settlement are agreed.

Arbitration

A dispute resolution method where an arbitrator makes a binding decision; more formal than mediation; parties must abide by the decision.

DBDRV (Domestic Building Disputes Resolution Victoria)

A body that facilitates conciliation for building disputes and defects under building contracts.

VCAT (Victorian Civil and Administrative Tribunal)

A tribunal that handles civil and administrative disputes; low cost, often short hearings, and may involve mediation or compulsory conferences.

CAV (Consumer Affairs Victoria)

A regulator that provides information and can facilitate conciliation; cannot issue binding decisions.

Ombudsman

A government-appointed official who investigates complaints against certain bodies; services are free and powers come from statutes.

Jury (civil jury)

A panel (usually 6 jurors) that decides liability and sometimes damages in civil trials; not automatic in all courts.

Balance of probabilities

The standard of proof in civil cases; the plaintiff must prove their case on this basis.

Injunction

A court order requiring a party to do something (mandatory) or not do something (restrictive).

Damages

Monetary compensation awarded to the plaintiff to remedy loss or injury.

Specific damages

Damages that are objectively calculable (quantifiable losses).

General damages

Damages for non-economic losses such as pain and suffering; not easily quantified.

Nominal damages

A small or symbolic amount awarded when rights were infringed but no actual loss occurred.

Aggravated damages

Damages awarded to compensate for humiliation or insult due to the defendant’s conduct.

Exemplary (punitive) damages

Damages intended to punish the defendant and deter similar conduct.

Contemptuous damages

A small award to acknowledge a legal right while denying a moral right to compensation.

Terms of Settlement

The legally binding agreement reached after mediation if the parties settle.

Mediation confidentiality

Discussions in mediation are typically 'without prejudice' and not admissible as evidence if settlement is not reached.

Mediation as dispute resolution stage

A preliminary step before court action where parties attempt to settle through a mediator.

Original jurisdiction

A court’s power to hear a case for the first time.

Appellate jurisdiction

A court’s power to hear appeals on points of law from lower courts.

Court hierarchy

Structured levels of courts (e.g., Magistrates’, County, Supreme, High Court) with distinct jurisdictions and appeal paths.

Tribunals

Judicial bodies (like VCAT) that resolve civil disputes in a less formal, quicker, and often cheaper way than courts.

Defamation case example

Martha Tsamis v State of Victoria; defamation involves false statements damaging reputation.