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AREAS OF CIVIL LAW |
Achieve each of the principles of justice – fairness, equality and access. |
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1. awarding compensatory damages |
Is fair and equal for everyone |
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2. a civil jury of 6 people determining a defamation trial |
Access to a jury Fair trial |
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3. appealing a VCAT decision to the Supreme Court of Victoria |
Access to appeal a decision Fair to be able to review a decision in a higher court. |
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4. appearing in court with a lawyer from Legal Aid |
Fair if cannot afford your own lawyer Equal access to a lawyer |
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5. during a civil trial the plaintiff is given more time than the defendant to present their case |
Unfair |
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6. use of ADR methods by courts and tribunals to resolve civil disputes |
Resolve disputes in a fair manner Access to alternatives to traditional court |
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7. the presiding judge in a civil trial favouring one party over the other |
Unfair and not equal to favour one party |
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8. no remedy awarded to a successful plaintiff because the judge believed the civil case wasted valuable court time |
Unfair |