civil trial processes

statute of limitations

plaintiffs have 6 years from the time of the alleged wrong in which to commence legal proceedings

writ

the writ contains a full description of the legal action against the defendant and specifies the remedy sough against them. Must be delivered to the defendant in a legal manner (served)

statement of claim

the amount the plaintiff is seeking in damages

notice of appearance

confirms the defendant accepts the jurisidiction of the coirt and that they will defend the action. The defendant is required to lodge a notice of appearance with the court.

counterclaim

a document alleging that the plaintiff was responsible for the losses claimed by them, or that the plaintiff in fact caused damage to the defendant.

pleadings documents

writ, statement of claim, notice of appearance, defence and counterclaim

defence

a document that will respond directly to the points alleged by the plaintiff in the statement of claim

further and better particulars

provide a better understanding of the dispute and

interrogatories

formal set of questions served by either plaintiff or defendant that relate to the issues in dispute and must be answered within 60 days by affidavit.

affidavit

a document signed under oath, which can be referred to in the trial, the affidavit is a written statement that confirms the contents of the interrogatories are true.

notice of discovery

a legal demand that both the plaintiff and defendant have the right to serve, can only be refused if a party claims legal privilege. requires the other party to provide them copies of documents, reports, letters, photographs etc.

certificate of readiness for trial

if parties cannot reach an agreement before the trial is due to start, they can file a certificant of readiness for trial with the court, this confirms they have completed pre-trial procedures and will indicate how long they anticipate the trial will last.

compensatory damages

specific damages precisely account for losses suffered, general damages compensate for matters that cannot be calculated exactly.

exemplary damages

making an example of society in punitive damages, these damages are rarely used in Australia

nominal damages

civil action as take to prove a point/principle. damages will be minor as reputation building is more important

injunctions

a court order requiring a person to either carry out or not carry out a particular act.

torts

civil wrings done by one party to another. a tort causes a person to suffer loss or harm. Torts are generally created through common law, but there are also statutory wrongs which amount to torts.

negligence

where a person suffers harm because of another party’s failure to take proper care.

false imprisonment

where a person is unlawfully deprived of their freedom to move around.

personal liability

an individual being held responsible at law for an act or omission committed by him or her personally

vicarious liability

the liability of an employer for an act or omission by its employee dring the ‘scope and course’ of their employment. principals are also vicariously liable for the acts or omissions of their agents.

defemation

the publication of unsubstantiated ‘facts’ that seriously harms the reputation of an individual (the aggrieved) the prupose of a defamation action is to correct the public perceptions and compensate the aggrieved for harms caused.