3.2.04 Methods used to resolve civil disputes

Which of the following disputes is not appropriate for the courts to resolve?

• A person who is seeking a review of a decision by local council to allow a 32-storey building in Moonee Ponds.
• A nuisance dispute between two neighbours.
• A defamation claim.
• A negligence claim by 15 asylum seekers who want to sue the Commonwealth for injuries suffered at a detention centre.

Which of the following is not a dispute resolution body?

• All listed options are dispute resolution bodies.
• Mediation
• Courts
• VCAT

Jamal has lost over $5 million in damages as a result of a business plan gone wrong. He wants to issue a claim in a Victorian court. Which court is not appropriate to hear this dispute?

• The Court of Appeal is not appropriate in this dispute.
• The Magistrates’ Court is not appropriate in this dispute.
• The District Court is not appropriate in this dispute.
• All options are correct.

Whether a person has the capacity to pay for legal representation and a possible adverse costs order is a factor to consider when deciding whether the courts are appropriate to hear a civil dispute. Costs are also relevant to which of the following key knowledge in Unit 3 – Area of Study 2?

• Damages
• Factors to consider when initiating a claim
• Injunctions
• Reasons for a court hierarchy

Which of the following weaknesses of courts is most linked to the principle of access?

• Jurors are not experts in law or evidence.
• Judges cannot overly interfere or help a party.
• There may be unconscious biases of a jury.
• The costs involved are extraordinarily high.