LS Unit 2, AOS 2 (DP 1-5)

Davide Davide Pty Ltd and Zola Zola Pty Ltd are in a dispute. It is in relation to a large building contract for the construction of a 30-storey apartment building in the Eastern suburbs. A third party has listened to the dispute, considered all of the evidence and handed down a finding.

Which dispute resolution method was used to resolve this case?

• Arbitration

• Compulsory conference

• Mediation

• Conciliation

Which of the following statements correctly describes one difference between mediation and conciliation?

• In mediation, the parties make the decision themselves but in conciliation, the conciliator does.

• In mediation, the mediator does not generally offer suggestions or options to resolve the dispute. In conciliation, the conciliator generally does.

• A final order is made in conciliation but not in a mediation.

• In mediation, there is a far less formal procedure but in conciliation, there may be rules of evidence.

Connie bought a laptop from a computer shop. Two weeks later, it broke down. She went to the computer shop and demanded a refund but the owner refused, saying the problem is Connie’s. Connie has now lost $1200 because of a faulty laptop. She has filed a claim and she has a hearing next week where a final order will be made.

Which type of dispute resolution body is being used to resolve Connie’s case?

• An ombudsman

• Mediation

• A complaints body

• A tribunal

Which court is missing from the box?

• Supreme Court (Court of Division)

• Supreme Court (Court of Trial)

• Supreme Court (Trial Division)

• District Court

Harriet has sued a former business partner for $400 000 and has filed a claim in the County Court of Victoria.

Which of the following is not one of the possible roles of the County Court of Victoria?

• Decide on the remedy

• Investigate the claim and gather evidence

• Manage the case through handing down orders and directions

• Determine liability

In which of the following situations can a jury be used?

• A County Court hearing where the amount of damages for a defamation claim needs to be determined

• A Supreme Court trial for a negligence claim

• An appeal in the Court of Appeal

• A Magistrates’ Court hearing in relation to a $90,000 claim

Parties to a civil dispute should know what the claims

and defences are and what evidence will be used to support the other side’s case, and should have the

opportunity to present their case and rebut the other person’s case. The people who are deciding the

dispute should be impartial and unbiased.

Which principle of justice is this an example of?

• Equality

• Access

• Fairness

The use of an impartial and unbiased judge or magistrate, who has no connection with either party when hearing the case and making a determination, and the use of a civil jury (as required), whose members must also have no connection with either party.

Which principle of justice is this an example of?

• Equality

• Access

• Fairness

People should also be able to get information about their rights, about when those rights may have been infringed, and about what remedies may be available to them. People should be able to use the procedures, methods and institutions that resolve a civil dispute.

Which principle of justice is this an example of?

• Equality

• Access

• Fairness

An independent person that is given power to investigate complaints and publish recommendations in respect of certain areas of government, public service and industry.

• Ombudsman

• Tribunal

• Complaints body

• Judge