overview of the civil justice system

Victorian Civil Justice System

A set of processes, bodies and institutions used to resolve civil disputes. It includes bodies and processes such as

• community legal centres

• pre trial procedures

• dispute resolution methods

• dispute resolution bodies

• the ordering and enforcement of remedies

purposes of the Civil JS

• enables a person to enforce their legal rights or take action over wrongs

• determines whether a defendant has a liability to the other person

• award a remedy if the defendant is founf liable

civil dispute

a disagreement between two or more individuals in which one of the groups/individuals makes a legal claim against the other

remedy

Any order made by a court or tribunal designed to address a civil wrong or breach. A remedy should provide a legal solution for the plaintiff for a breach of civil law by the defendant.

liability

legal responsibility for ones acts or omissions

civil law

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

stages of a civil dispute

1. attempts to resolve a civil dispute

2. decision to initiate a civil claim

3. resolution of dispute through mediation, a trial or other form

4. remedy awarded or resolution reached

5. enforcement procedures

Victorian dispute resolution bodies

• complaint bodies - investigates complaints from people about the conduct of other parties, and may also offer dispute resolution services

• tribunals - operate like a court in that they can resolve a broad range of disputes. They are less formal, quicker, and less expensive

• courts - whether they can resolve a dispute depends on their jurisdiction

stages of a pretrial procedures

steps taken by parties to narrow the issue in dispute

• pleadings, includes statement of claim and defence

• discovery of documents

• mediation

pleadings

a pretrial procedure during which documents are filed and exchanged between the plaintiff and the defendant, which sets out the claims and defences involved in the dispute. The two main documents exchanged during the pleading stages are the statement of claim and the defence

statement of claim

filed by the plaintiff with the court and sets out details of the claims and remedy sought

defence

filed by the defendant, and sets out their response to the plaintiffs claims.

discovery of documents

procedure that required the parties to list their documents relevant to the issues in dispute. Copies of the documents are usually given to the other party.

mediation

the court may order the parties attend mediation to resolve the dispute before trial.

Burden of proof

the obligation of a party to prove a case, rests with the party who initiates the claim. It is on the plaintiff in a civil case.

In a civil dispute the plaintiff must satisfy the judge that their claim is supported by facts. If the defence files a counterclaim, then they also have the burden of proof.

standard of proof

the strength of evidence required to prove a case. On the balance of probabilities, which requires to plaintiff to establish that is more probable than not that their claim is true