Application Excercise 5n
CASE SCENARIOS TYPE OF REMEDY Tim was ordered by the Supreme Court to fulfil the terms of the contract that he signed. Order of specific performance The Magistrates’ Court has ordered that the contract between Julie and Cane be terminated. Rescission Robyn has been ordered by the County Court to stop making discriminatory comments about […]
Application Excercise 5m
Application Excercise 5l
Students respond to this statement based on their opinion justified with reasons. The different types of damages are: Compensatory damages, which includes specific/ special damages and general damages Exemplary damages Aggravated damages Contemptuous damages Nominal damages
Application Excercise 5k
Some arguments for civil juries should be abolished: an experienced judge can easily fulfil the role of a jury as they are more equipped in deciding an appropriate verdict and remedy including damages. Judges are knowledgeable in areas of law Judges have experience and legal expertise in dealing with cases Judges are impartial and unbiased […]
Application Excercise 5j
CIVIL CASE COURT ORIGINAL OR APPELLATE CIVIL JURISDICTION Marlon has suffered professionally and personally as a result of Mr Donnell implying on a radio program that he has a criminal record and that he would get the Herald Sun to publish an article about it. Marlon is seeking compensation in court for $150,000. County or […]
Application Excercise 5i
FOR EXAMPLE: Victorian Equal Opportunity and Human Rights Commission The Victorian Equal Opportunity and Human Rights Commissionis an independent statutory bodyresponsible for eliminating discrimination in Victoria with responsibilities under three laws: Equal Opportunity Act 2010, Racial and Religious Tolerance Act 2001, and the Charter of Human Rights and Responsibilities. The Equal Opportunity Act makes it […]
Application Excercise 5h
Research one Ombudsman for private companies or service-providers. For example, banks, water suppliers, gas and electricity suppliers, or telephone and internet providers. One Example: complaints about electricity, gas and water suppliers would be directed to the Energy and Water Ombudsman. (a) the work undertaken by theEnergy and Water Ombudsman. Complaints about energy and water issues, providing […]
Application Excercise 5g
Using the website https://www.vcat.vic.gov.au/decisions, students research and analyse two recent VCAT case decisions by summarising and applying the information referred to in the textbook Students can refer to 5.7 – recent civil cases in Victoria (Wilson and Nikolic cases) – as examples of how to set out their answer to this exercise.
Application Excercise 5f
Possible discussion points: VCAT is less formal, less costly and less time consuming dispute resolution body than going to court. The role of VCAT is to provide Victorians with a fair, low-cost, informal, accessible, and independent tribunal delivering an efficient and timely resolution of civil disputes. In most cases, a party does not need legal […]
Application Excercise 5e
CIVIL CASE VCAT LIST Angela, as a landlord, is unhappy with Tom, the tenant, who has not been paying his rent on time, and is therefore extremely behind in his rental payments to Angela. Residential tenancies list Alessia applied for a senior management position in a law firm but was unsuccessful and not given the […]