2981754
| Question | Answer |
| Reasons for a court hierarchy: Appeals | A hierarchy allows the decision of a court lower in the system to be reviewed a second time. this review process promotes fairness and is a safeguard against unjust decisions |
| Reasons for a court hierarchy: Time and Money | civil and criminal trial costs are exorbitant and can lead to delays. a court hierarchy enables minor matters to be dealt with relatively quickly and inexpensively in the magistrates' court. |
| magistrates court: criminal (original jurisdiction) *no appellate jurisdiction | original: - summary offences e.g. jay-walking - indictable offences heard summarily e.g. minor assault, shop theft - committal proceedings for indictable offences - warrant and bail applications |
| magistrates court: civil (original jurisdiction) *no appellate jurisdiction | - hears matters up to $100,000 - optional claims for arbitration up to $10,000 - pre-hearing conference - conciliation - limited family law matters |
| county court: criminal (original jurisdiction) | - hears all serious indictable offences except homicide and treason e.g. rape, burglary - 1 judge and a jury of 12 (if not guilty plea) |
| county court: criminal (appellate jurisdiction) | - hears appeals from the magistrates' court on a point of fact, i.e. against conviction or sentence (leniency or severity) |
| county court: civil (original jurisdiction) | *personal injury matters* - unlimited claims for damages over $100,000 (litigant decides whether to take to CC or SC) - this court can order mediation - 1 judge and a jury of 6 (optional) |
| county court: civil (appellate jurisdiction) | - no appeals from the magistrates court unless directed by an act of parliament e.g. adoption |
| supreme court (trial division): criminal (original jurisdiction) | - major indictable offences such as homicide, treason, drug-trafficking, terrorism - 1 justice and a jury of 12 (if not guilty plea) - application for bail in homicide cases |
| supreme court (trial division): criminal (appellate jurisdiction) | hears all appeals on a point of law (errors in law) from the magistrates court - 1 justice |
| supreme court (trial division): civil (original jurisdiction) | *commercial matters* - unlimited claims for damages - 1 justice and a jury of 6 |
| supreme court (trial division): civil (appellate jurisdiction) | hears all appeals on a point of law (errors in law) from magistrates court or VCAT - 1 justice |
| court of appeal (part of the supreme court): criminal (appellate jurisdiction ONLY) | hears all cases on appeal for: - points of law (errors in law, misdirection of jury) - points of fact such as conviction severity/leniency of sanction - 3 to 5 justices |
| court of appeal (part of the supreme court): civil (appellate jurisdiction ONLY) | hears all cases on appeal for: - points of law (errors in law, misdirection of jury) - points of fact such as questions in fact or the amounts of damages 3 justices |
| High Court of Australia (1 justice) | - interpretation of the constitution - determining the limits of federal or state laws - matters arising under international treaties - disputes involving the Clth - issues between the states - criminal - federal law matters (treason and sedition) *no appellate division however leave must be granted to appeal to the full court of the high court |
| full court of the high court | final court of appeal for all civil and criminal matters, from: - state supreme courts - federal or family courts - high court (treason and sedition) 3 justices |
| full bench of the high court | either... deals with appeals arising from the interpretation of the constitution or... where the matter is so important or where it may depart from its own decision in the past 5 - 7 justices |
| role of VCAT | the role of VCAT is to provide Victorians with a low-cost, accessible, efficient and independent tribunal delivering high-quality dispute resolution |
| different lists within VCAT | civil division e.g. civil claims list, residential tenancies list administrative division e.g. planning and environment list human rights division e.g. human rights list |
| why go to VCAT as a drm? | 1. less expensive than going to court 2. less time consuming - 3 months 3. informal process - less stressful 4. specialisation and expertise - look for a win/win |
| the process of dispute resolution in VCAT | - all disputes are lodged in writing - pre-hearing conference will take place (mediation) - legal representation is not encouraged |
| hearing - VCAT | - informal rules of procedure (rules of natural justice) - tribunal chairperson will attempt conciliation - if conciliation fails, arbitration will be used to make a binding decision for the parties |
| outcomes - VCAT | - dismiss the claim - award compensation according to dispute - rectify issue or concern via education or VCAT order - right to appeal - supreme court on POL |
| mediation - definition | mediation is the process in which an impartial third person assists the parties to identify the issues in dispute and facilitate a discussion of possible solutions. the parties make a final decision. |
| mediation - the process (ISA EPNA) | - introduction - statement - agenda - exploration - private sessions - negotiation - agreement - |
| basic characteristics of mediation - VICC | V - voluntary nature I - impartial C - confidential C - cooperative |
| mediation - advantages | - cost effective - generally faster - win/win solution - informal atmosphere - parties are encouraged to resolve their own disputes |
| mediation - disadvantages | - not a binding decision - limited public scrutiny - mediation may not produce a solution - informal atmosphere may allow a more dominant party to unfairly influence decision - may not be appropriate where the two parties are unequal in power |
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