U3 AOS2 KK#2 Key concepts in the Victorian Civil Justice system

The burden of proof in a civil proceeding is:

• beyond reasonable doubt

• on the balance of probabilities

• held by the defendant

• held by the plaintiff

Which of the following is the most accurate definition of ‘representative proceedings’?

• A legal proceeding in which both parties are represented, and their representatives run the case on their behalf

• A legal proceeding in which a group of people sue the government

• A legal proceeding in which a group of people who have a claim based on similar or related facts bring that claim to court in the name of one person

• A legal proceeding in which an individual sues a group of people because of similar or related facts

Karen has sued Felicia for defamation. Felicia has launched a counterclaim, alleging that Karen has also made defamatory comments about Felicia.

The burden of proof in this case:

• is on Karen (for the claim)

• is on both Karen (for the claim) and Felicia (for the counterclaim)

• is on Felicia (for the counterclaim) on the balance of probabilities

• is on the balance of probabilities

Maria attended a music festival and was injured during a stampede in the mosh pit for her favourite band. Maria and five of her friends are seeking to commence a claim against the festival operator.

Which criteria is missing that means a class action is not available here?

• There need to be seven or more people who have claims

• The claims do not relate to each other because the injuries are different

• There are none missing – all of the criteria have been met

• There are no similar issues that need to be decided in this case as each claim will be different

Representative proceedings can increase access because:

• the Supreme Court has case management powers to properly manage the case

• a litigation funder may be prepared to fund the proceeding which allows the group members to pursue a claim if they cannot fund it themselves.

• the parties will be able to put their case forward to an experienced judge

• the group members will be able to see the defence raised through pleadings.