enforcements, costs and limitations of actions

costs

costs are the amount of money incurred in resolving a civil dispute

types of costs (2)

legal rep fees, court fees (parties pay for jury)

types of costs: disbursements

costs of preparing and presenting a case

types of costs: adverse costs

under the cost shifting principle, courts usually order the unsuccessful party to pay the other sides reasonable costs.

impact of costs-the type and amount of costs…

the type and amount of costs required to initiate a civil dispute depends on the complexity of the dispute and the position of the court within the hierarchy

factors to consider (4) for costs

can the parties afford legal rep, court fees, disbursements. is there more effective options to resolve a dispute out of court, will the party need to pay for expert witness to provide evidence, will the party be able to afford adverse costs if they are unsuccessful

limitations of actions

time restrictions placed on initiating a civil claim

limitation periods

personal injury: 3 y. breach of contract- 6y

impact of limitation periods-before commencing a civil action…

before commencing a civil action, the plaintiff should consider if a time limitation exists or whether they can apply to the court for an extension if they are outside the extension period. if the plaintiff files a civil action outside of the limitation period, the defendant can make an application to have the case dismissed

justification of limitations of actions

limitations of actions ensure: cases are brought to court in a timely manner, evidence is readily available and credible, defendants dont have possible actions hanging over them for an indefinite period

enforcement issues

enforcements refers to the process of ensuring a party complies with the orders and remedies awarded against them by a court

enforcement options

a plaintiff can apply to the courts to have a judgement enforced against a defendant

enforcement options: warrants to seize and sell property

the court can issue a warrant to the sheriffs office to seize and sell the defendants property and pay the proceeds to the plaintiff

Enforcement options - attachment of earnings

the court can order that an employer pay an amount out of the defendants wages to the plaintiff

enforcement options: attachment of debt

the court can order that a person who owes the defendant money to pay it to the plaintiff instead

impact of enforcement issues-before initiating…

before initiating a civil action, the plaintiff should consider the defendants capacity to pay any damages or comply with any court orders that may be awarded

factors to consider - enforcement issues (5)

whether the defendant has the capacity to pay, whether the defendant is bankrupt, insolvent, or had their assets seized, whether the defendant is imprisoned, whether the defendant is overseas or uncontactable, whether the defendant receives centrelink payment