U3 AOS2 Revision Quiz 3

Which of the following directions cannot be made by a judge about the conduct of a trial?

• A direction about which witnesses the parties must call.

• A direction limiting the number of documents a party may tender into evidence.

• A direction limiting the number of witnesses a party may call.

• A direction about costs.

A judge or magistrate has the power to make an order referring a civil proceeding to trial. Mediation can help achieve access because:

• it can ensure the parties are on an equal footing.

• it can help the parties present their side of the story to the mediator.

• it does not achieve access, it only achieves fairness.

• it can help reduce the cost of the proceeding by achieving an early resolution.

Wendy is a plaintiff in a civil dispute. Following discovery of documents, she has found out about the conduct of the defendant which means that she wants to also sue for an additional cause of action.

Which order might Wendy want the court to make before trial as a result of this new information?

• An order that the other party pay her costs.

• An order that the other side produce expert evidence.

• An order that Wendy amend her statement of claim to include the additional cause of action.

• An order that the parties limit the number of witnesses to be called.

The power to actively manage cases seeks to achieve fairness by:

• ordering the parties to seek legal aid if they do not have legal representation.

• it does not achieve fairness – case management only seeks to achieve equality.

• requiring the parties to present their side to the jury.

• ensuring both parties are given the opportunity to present their case and know the other side’s case.

Ruwaida is a plaintiff in a Supreme Court proceeding. The other day she was required to attend a dispute resolution method during which the third party assisted the parties to understand the issues in dispute but did not make any suggestions as to how the dispute could be resolved.

Which dispute resolution method was used?

• Arbitration

• Conciliation

• Final hearing

• Mediation

Which of the following is a dispute resolution body?

• Arbitration

• Mediation

• VCAT

• Conciliation

Erik runs a franchise business and has a dispute with the franchisor. Both parties want to avoid the publicity of a trial, but also want to avoid the costs of a failed dispute resolution method. They want the dispute resolved formally and in a binding way.

Which method is best for them?

• Having a court decide the matter

• Mediation

• Conciliation

• Arbitration

Which of the following statements about arbitration is untrue?

• The independent arbitrator will make a binding decision.

• Consumer Affairs Victoria does not use arbitration.

• The Magistrates’ Court uses arbitration for small claims (less than $10 000).

• The arbitration must be conducted in accordance with the court’s rules of evidence and procedure.