Remedies

Civil law is an area of law that defines the right and responsibilities of individuals, groups and organisations in society and regulates private disputes.

• True

• False

In civil disputes:

• The plaintiff is the person who commences a civil action

• The defendant is arrested

• The defendant is the person who is being sued

• The plaintiff has the burden of proof

Give two examples of how fairness can be achieved

Answer explanation

- Laws should be properly applied

- the parties should know what the claims and defences are, and what evidence will be used to support the other side's case

- the parties should have the opportunity to present their case and rebut the other side's case

- the person who determines a dispute should be impartial and unbiased

*how is this achieved in cases?

Give two examples of how equality can be achieved

Answer explanation

- the processes should be free from bias or prejudice

- nobody should experience discrimination as part of the processes

- the persons who help to resolve a civil dispute should be impartial

- ensure members of vulnerable groups are not disadvantaged

*how is this achieved in cases?

Give two examples of how access can be achieved

Answer explanation

- people should be able to understand their legal rights

- people should be able to access information, court processes and institutions

- people should be able to pursue their case

*how is this achieved in cases?

Which groups are vulnerable groups (access)

• People with disabilities or mental health issues

• those who don't have significant financial resources

• Aboriginal and Torres Strait Islander people and people of difference nationality

• People living in regional, rural and remote areas

Excluding courts, there are other main types of dispute resolution bodies in Victoria

• Tribunals

• Ombudsmen

• Courts

• Complaints bodies

The role of tribunals

• Obtain power to resolve certain types of disputes from parliament.

• Develop expertise in particular types of disputes

• Make decisions that are binding on both parties

• Services are free

Role of Tribunals

• Provide individuals with a lost-cost, efficient and speedy method of dispute revolution

• Provide an alternative to court

• Can't hear class actions

• There are Commonwealth and state tribunals

Role of Ombudsman

• Provide individuals with an independent, timely and accessible

• Provide small businesses with an independent, timely and accessible

• There are two types of ombudsman

• Services are free