VCE Legal Studies 2025 Unit 2 AOS 2: 'Remedies' SAC Revision

What is the principle of Fairness?

‘All people can participate in the justice system, and its processes should be impartial and open.’ The three main features are impartial processes, open processes (but can be closed on a court order), and participation for the accused, prosecution and victims.

What is the principle of equality?

‘All people engaging with the justice system and its processes should be treated in the same way, unless this treatment creates disparity or disadvantage.’ Equality can be both formal and substantive.

What is mediation?

An informal process in which parties discuss their issues with an impartial mediator, who facilitates the negotiation of a non-legally binding ‘term of settlement’. The mediator cannot offer advice. It is less expensive than court and saves time and resources but can lead to issues with power imbalance. It is accessed by both parties privately.

What is conciliation?

Conciliation is a voluntary informal process that involves the assistance of an independent and impartial third party, known as the conciliator, who makes resolution suggestions. They usually have special knowledge on the subject matter of the dispute. The final decision is mutually reached by both parties and is not legally binding. It can also lead to issues with power imbalance. It is only available in specialist courts and resolution bodies.

What is arbitration?

Arbitration is a more formal process that involves an independent, impartial arbitrator who makes a legally binding decision on the parties, known as an arbitral award. When parties take their dispute to arbitration, they agree to abide by the arbitrated decision. Arbitrators charge a fee, and generally have specialist knowledge on the subject matter, and are less expensive than judicial determination. It is only available in the Magistrates’ Court or when a previous agreement is made between the parties.

What is a Tribunal?

A Tribunal is a dispute resolution body that is less costly, formal and slow than the courts. They are established by parliamentary legislation. They have no power to hear class actions. They make legally binding decisions. There are both Commonwealth and State tribunals. The Victorian Civil and Administrative Tribunal is a state tribunal for civil disputes.

What is an Ombudsman?

An independent, impartial official that investigates complaints about decisions made by Victorian government bodies or disputes between consumers and businesses. Their services are free, and if an agreement is not reached, an ombudsman is sometimes able to make a binding decision. The Victoria Ombudsmen provide an outlet where Victorians can issue complaints about Victorian Government departments.

What is a Complaints Body?

An organization that deals with complaints about the provision of goods and services. They are free to use. Consumer Affairs Victoria is a complaints body that informs Victorian of their consumer rights and responsibilities.

What is the role of the Courts in a Civil Trial?

To determine liability and decide on a remedy.

What is the role of a Jury in a Civil Trial?

There is no automatic right to a jury in a civil trial. It can be requested in the County or Supreme Court, and must be paid for by the party that made the request. A civil jury has 6 jurors. A unanimous or majority verdict is required to determine liability, and jurors sometimes also decide damages.

What is the civil jurisdiction of the Magistrates’ Court?

It can hear cases worth up to $100,000.

What is the civil jurisdiction of the County Court?

It has unlimited original jurisdiction and can hear appeals from the Magistrates’ Court. These cases can be heard by a jury.

What is the civil jurisdiction of the Supreme Court (Trial Division)?

It has unlimited original jurisdiction, and will also hear appeals from the Magistrates’ Court.

What is the civil jurisdiction of the Supreme Court (Court of Appeals)?

It has no original jurisdiction, but it hears appeal from the Trial Division and the Magistrates’ Court when the Chief Magistrate decided the case.

What are some groups that experience difficulty in the justice system?

First Nations People, People of Low Socioeconomic Status, Young People, and People in Regional, Rural and Remote Areas.

Why do First Nations People face difficulties?

Due to historical injustices causing distrust in the system, and ongoing socioeconomic disparities, as well as limited access to culturally appropriate legal representation. There may also be language barriers. The Victorian Aboriginal Legal Service (VALS) assists with this.

Why do People of Low Socioeconomic Status face difficulties in the justice system?

Due to lawyer fees, court costs and other expenses, and lack of funding for legal aid services. Justice Connect is a free legal service that aids in this.

Why do Young People face difficulties within the justice system?

Because they lack knowledge and resources to navigate the legal system. Youth-specific support services can mitigate this, such as Youth Law, a dedicated community legal centre for under 25s.

Why do people in regional, rural and remote areas experience difficulties within the justice system?

Due to logistical challenges such as limited access to legal professionals and long distances to travel to court. Online legal services can help alleviate these difficulties.

What are the two types of remedies?

Damages and injunctions.

What are damages and what are the four types of damages?

Damages are remedy that involves an amount of money paid by the defendant to the plaintiff to financially compensate for all losses suffered. They can be compensatory, exemplary, contemptuous, or nominal.

What are compensatory damages?

Damages that aim to compensate the plaintiff for the injury suffered. They can be specific damages (damages given a precise monetary value), general damages (damages assessed by the court according to the magnitude of the wrong), or aggravated (awarded if the defendant’s conducting humiliated or insulted the plaintiff).

What are exemplary damages?

Damages awarded with the aim of punishing the defendant.

What are contemptuous damages?

A small amount of money awarded when the plaintiff has a legal right to damages, but not a moral right.

What are nominal damages?

Damages awarded if the plaintiff has not suffered any actual harm. Usually small amounts under $1,000.

What are injunctions and what are the two types of injunctions?

A court order directing someone to do something or stop or refrain from doing something. They can be interlocutory or perpetual, and restrictive or mandatory.

What is an interlocutory injunction?

A temporary injunction awarded in urgent circumstances when an injunction is immediately required, usually before a court hearing.

What is a perpetual injunction?

A permanent, long-term injunction usually awarded at the end of a case.