Font size
WorksheetsLS Unit 2, AOS 2 (DP 1-5)
Total questions: 20
Worksheet time: 12mins
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
Consumer Affairs Victoria (CAV) is an example of...?
an ombudsman
a tribunal
a complaints body
a court
A benefit of VCAT over the courts as a dispute resolution body is...
It is cost effective
It provides timely resolutions
It is accessible and informal
All of the above
The Court of Appeal has no original jurisdiction in civil disputes.
True
False
The Supreme Court (Trial Division) can not hear appeals from VCAT.
True
False
The Magistrates' Court can hear civil disputes up to the value of...
$10,000
$50,000
$100,000
Unlimited jurisdiction
Unlike criminal trials which consist of twelve jurors, juries in civil disputes consist of (a) jurors.
In which of the following courts can a jury be used for a civil dispute?
Magistrates' Court
County Court
Supreme Court (Trial Division)
Court of Appeal
Juries are optional in civil trials, and can be requested by either party.
True
False
The role of a jury in a civil trial is to make a decision about whether or not the plaintiff has proven their case (i.e the liability of the defendant) to the standard of (a) .
How confident do you feel about your knowledge of civil remedies so far?
5 - Confident
4
3
2
1 - Need support
