3.2.01 Key concepts in the Victorian civil justice system

The burden of proof in a civil proceeding is:

• Beyond reasonable doubt.
• On the balance of probabilities.
• Held by the defendant.
• Held by the plaintiff.

Which of the following is the most accurate definition of ‘representative proceedings’?

• A legal proceeding in which both parties are represented, and their representatives run the case on their behalf.
• A legal proceeding in which a group of people sue the government.
• A legal proceeding in which an individual sues a group of people because of similar or related facts.
• A legal proceeding in which a group of people who have a claim based on similar or related facts bring that claim to court in the name of one person.

Karen has sued Felicia for defamation. Felicia has launched a counterclaim, alleging that Karen has also made defamatory comments about Felicia. The burden of proof in this case:

• Is on both Karen (for the claim) and Felicia (for the counterclaim).
• Is on Felicia (for the counterclaim) on the balance of probabilities.
• Is on Karen (for the claim).
• is on the balance of probabilities.

Maria attended a music festival and was injured during a stampede in the mosh pit for her favourite band. Maria and five of her friends are seeking to commence a claim against the festival operator. Which criteria is missing that means a class action is not available here?

• There need to be seven or more people who have claims.
• There are none missing – all of the criteria have been met.
• The claims do not relate to each other because the injuries are different.
• There are no similar issues that need to be decided in this case as each claim will be different.

Representative proceedings can increase access because:

• The parties will be able to put their case forward to an experienced judge.
• The group members will be able to see the defence raised through pleadings.
• A litigation funder may be prepared to fund the proceeding which allows the group members to pursue a claim if they cannot fund it themselves.
• The Supreme Court has case management powers to properly manage the case.