Recent Civil Cases by https://padlet.com/shalbish/icxx85r1wmtb1pk0 en-us 2023-09-04 11:10:38 UTC 2023-09-07 00:32:48 UTC hello@padlet.com Describe one dispute resolution body that may be or was involved and discuss its appropriateness (4 marks). shalbish https://padlet.com/shalbish/icxx85r1wmtb1pk0/wish/2683305988 YZ issued her claim in the county court, which has unlimited jurisdiction to hear civil disputes. Because YZ was claiming $250,000 in damages, the Magistrates' court did not have jurisdiction to hear this dispute as the magistrates court only hears civil disputes of claims $100,000 and under. The dispute could've also been heard in the supreme court which has unlimited jurisdiction to hear civil disputes. However, the county court is sometimes the preferred court to hear smaller claims involving personal injury, such as that suffered by YZ. It was not appropriate for this case to be heard by bodies such as consumer affairs Victoria or the Victorian civil and administrative tribunal because this dispute involved and employee-employer relationship. ]]> 2023-09-04 11:13:43 UTC https://padlet.com/shalbish/icxx85r1wmtb1pk0/wish/2683305988 Describe a remedy that could be or was awarded and discuss its appropriateness (6 marks). shalbish https://padlet.com/shalbish/icxx85r1wmtb1pk0/wish/2683306802  (Daivik)
In this case, the remedy that was awarded to YZ, was $180,000 for General Damages which was awarded as a result of her mental loss.

The was awarded to the plaintiff, as the defendant had failed to take enough action to prevent YZ from being traumatized from work. YZ was initially in criminal reporting, then got transferred to sports, The Age then pressed YZ to transfer to a court reporter role which shows the negligence of the defendant.
The defendant also failed to provide enough support for criminal and court reporters in the form of peer support and counseling from trained psychologists.
As The Age alleged, contributory negligence from the plaintiff may have contributed towards her psychological harm, however this claim was rejected by Judge O'Neill.
Judge O'Neill awarded damages at $180,000 as a result of her improving(but still injured) psychological state after she left.
]]> 2023-09-04 11:14:48 UTC https://padlet.com/shalbish/icxx85r1wmtb1pk0/wish/2683306802 State the jurisdiction of the court that heard this case and discuss possible avenues of appeal (3 marks). shalbish https://padlet.com/shalbish/icxx85r1wmtb1pk0/wish/2683307126 this case was heard in the victorian county court and the court of appeal. in the victorian county court the claims that were issued was a breach of duty of care and suffered loss. this case was then appealed to the court of appeal by the defendant.
(Millie)]]> 2023-09-04 11:15:12 UTC https://padlet.com/shalbish/icxx85r1wmtb1pk0/wish/2683307126 Evaluate the extent to which the principles of justice were or could be achieved in this case (6 marks). shalbish https://padlet.com/shalbish/icxx85r1wmtb1pk0/wish/2683309260 fairness: they were able to present their case- fair access to evidence.
the rules of procedure allowed both sides of the case to present their case. 
there was a timely resolution. 
the judge was the decider of facts. the judge was required to consider the evidence and come to a verdict. 
both parties had adequate legal representation.

equality: the judge was required to act impartially and without bias. the plaintiff and defendant both had experienced legal representation.
there was no jury so there was less risk of any possible bias int he decision that was made. 

access: both parties had the right to appeal. the trial was conducted by way of an open hearing. the reasons for the original decision and the decision of the court of appeal that was made was available to public.
(Millie)]]> 2023-09-04 11:17:49 UTC https://padlet.com/shalbish/icxx85r1wmtb1pk0/wish/2683309260 Identify the claim and outline the central facts of the case (4 marks). shalbish https://padlet.com/shalbish/icxx85r1wmtb1pk0/wish/2683310512 In may 2019, Andrianakis commenced a representative proceeding in the supreme court against Uber Technologies Inc, and various other Uber entities, including Uber Australia Pty Ltd. Andrianakis was the lead plaintiff in this proceeding, which meant he was representing group members in claims against Uber. The plaintiffs claim was that Uber drivers had committed offences in Victoria and in other Australian states because only accredited drivers can operate commercial passenger vehicles, and Uber drivers were not accredited.]]> 2023-09-04 11:19:25 UTC https://padlet.com/shalbish/icxx85r1wmtb1pk0/wish/2683310512 Describe one dispute resolution body that may be or was involved and discuss its appropriateness (4 marks). shalbish https://padlet.com/shalbish/icxx85r1wmtb1pk0/wish/2683310589 The parties could use mediation to resolve the case which is to bring in a third party to help the parties reach a resolution. The point of using meditation is to find an agreement outside of court so that it would benefit them as it is much cheaper than paying for lawyers and going to court. The only court this can be heard in is the Supreme Court which can make a binding decision as to liability. this only occurs if the parties can't reach an agreement. (Lachlan)]]> 2023-09-04 11:19:32 UTC https://padlet.com/shalbish/icxx85r1wmtb1pk0/wish/2683310589 Describe a remedy that could be or was awarded and discuss its appropriateness (6 marks). shalbish https://padlet.com/shalbish/icxx85r1wmtb1pk0/wish/2683310921 The reward the plaintiff could get isn't specified as it depends on the number of group members and the loss that each of them has allegedly suffered. the purpose of damages is to return the lead plaintiff and the ground members if there were some to the position they were in before the loss occurred. The plaintiff was awarded specific damages as the taxi drivers loss wages.(Lachlan)]]> 2023-09-04 11:19:59 UTC https://padlet.com/shalbish/icxx85r1wmtb1pk0/wish/2683310921 State the jurisdiction of the court that heard this case and discuss possible avenues of appeal (3 marks). shalbish https://padlet.com/shalbish/icxx85r1wmtb1pk0/wish/2683311101 the supreme court heard the case in the first place but if they wanted to appeal it would be heard in the court appeal. however, the supreme court of appeal must give permission to appeal the case, then if they wanted to appeal again it would go to the high court of australia and they have to hear it.(Aaron)]]> 2023-09-04 11:20:10 UTC https://padlet.com/shalbish/icxx85r1wmtb1pk0/wish/2683311101 Evaluate the extent to which the principles of justice were or could be achieved in this case (6 marks). shalbish https://padlet.com/shalbish/icxx85r1wmtb1pk0/wish/2683311222 Fairness was achieved through the use of case management powers meaning that the court could order them to mediation or a pre-trial conference to address the issues.
for equality, the judge asked impartially without bias and both parties had legal representation
For access, class actions were used which means that they can become a member of a class and get access to the courts and to a possible remedy that they might otherwise not be able to do so.
Overall i believe that the principles of justice were achieved because there was very little things that may have been unjust.
(Aaron)]]> 2023-09-04 11:20:20 UTC https://padlet.com/shalbish/icxx85r1wmtb1pk0/wish/2683311222 Evaluate the extent to which the principles of justice were or could be achieved in this case (6 marks). shalbish https://padlet.com/shalbish/icxx85r1wmtb1pk0/wish/2683312628 (Luke)
Fairness was shown as both parties were able to present their cases (and to rebut the other sides). In this case equality was shown, as both parties had right to appeal, and had experienced legal representation, allowing for both parties to be presented equally. Access is used with the use of mediation (VCAT), as it gives access to both parties to resolve their dispute other than a hearing, in case either party wasn't able to afford costs. The hearing was also an open hearing, allowing for parties and members of the community to access information.]]> 2023-09-04 11:22:12 UTC https://padlet.com/shalbish/icxx85r1wmtb1pk0/wish/2683312628 State the jurisdiction of the court that heard this case and discuss possible avenues of appeal (3 marks). shalbish https://padlet.com/shalbish/icxx85r1wmtb1pk0/wish/2683312704 (Luke)
If this case were to be heard in court, an appeal must be made from one of the parties to the court of appeal, as one of the vice-presidents of VCAT heard and determined the dispute. The Gardner Group, Tanah Merah, and Elenberg Fraser, decided to lodge a appeal with the Court of Appeal to appeal VCATs decision, but as of today, no appeal has yet been heard. It as anticipated as VCATs decision was highly significant as it was one of the firsts in Australia.




]]> 2023-09-04 11:22:18 UTC https://padlet.com/shalbish/icxx85r1wmtb1pk0/wish/2683312704 Describe a remedy that could be or was awarded and discuss its appropriateness (6 marks). shalbish https://padlet.com/shalbish/icxx85r1wmtb1pk0/wish/2683312831 (Rison)
A remedy that was awarded in this case was 5,748,233.28 dollars, this sum is likely to be higher as the parties could not agree on the total amount of compliance costs. The appropriateness of this remedy is fair as factors such as and unwillingness to agree on a total amount of compliance costs  ultimately drove the value of the remedy down, however applicants had claimed 12 million dollars in damages which is significantly more than the 6 million dollars they ended up receiving.  

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]]> 2023-09-04 11:22:24 UTC https://padlet.com/shalbish/icxx85r1wmtb1pk0/wish/2683312831 Describe one dispute resolution body that may be or was involved and discuss its appropriateness (4 marks). shalbish https://padlet.com/shalbish/icxx85r1wmtb1pk0/wish/2683313063 (Rison)
One dispute resolution body that may be involved in resolving this case is VCAT. VCAT usually hears and determines small claims that are resolved in a short and informal hearing where the parties do not have legal representation. however in this flammable cladding case VCAT demonstrated that it has the power and jurisdiction to hear large complex cases and also has the power to award significant damages-in this case over 5 million dollars. Weaknesses in normal VCAT hearing maybe a the informalness in the conduction of dispute resolution. ]]> 2023-09-04 11:22:38 UTC https://padlet.com/shalbish/icxx85r1wmtb1pk0/wish/2683313063 Identify the claim and outline the central facts of the case (4 marks). shalbish https://padlet.com/shalbish/icxx85r1wmtb1pk0/wish/2683313262 (Daivik)
The Claim in this case was that a journalist(YZ) suffered from psychological damage/injury, while investigating multiple crimes for The Age.

The central facts of this case are that YZ, suffered PTSD from her time as a criminal and court reporter. Another central Fact of this case is that The Age was negligent in their duty of care. The last Central fact is that if originated in the county court, as it had unlimited jurisdiction for civil disputes, and as a mediation attempt failed.]]> 2023-09-04 11:22:48 UTC https://padlet.com/shalbish/icxx85r1wmtb1pk0/wish/2683313262 Evaluate the extent to which the principles of justice were or could be achieved in this case (6 marks). shalbish https://padlet.com/shalbish/icxx85r1wmtb1pk0/wish/2683314604 (Sophie)
In relation to this case, principles of justice could be achieved by the accused, Mr Orman having adaquate legal representation. This allows for the defendant to have proper understanding of the legal process and language. 
Equality can be achieved by the judge acting impartially and without bias. This means that despite Mr Orman having originally been charged for murder, the judge would not hold and prejudice against Mr Orman. 
Access can be achieved by having good legs, representation and advice and advice would allow Mr Orman to properly appeal his case. ]]> 2023-09-04 11:24:26 UTC https://padlet.com/shalbish/icxx85r1wmtb1pk0/wish/2683314604 State the jurisdiction of the court that heard this case and discuss possible avenues of appeal (3 marks). shalbish https://padlet.com/shalbish/icxx85r1wmtb1pk0/wish/2683314797 Original Jurisdiction -> the power of a court to hear a case for the first time in civil matters, from the supreme court of appeal Orman's case can be heard in the high court as all appeals from the Court of Appeal are heard by the High Court and possible avenues for appeal damages for the 12 years he lost because he was wrongly jailed and the pain and suffering he was faced with because of that. ]]> 2023-09-04 11:24:33 UTC https://padlet.com/shalbish/icxx85r1wmtb1pk0/wish/2683314797 Describe a remedy that could be or was awarded and discuss its appropriateness (6 marks). shalbish https://padlet.com/shalbish/icxx85r1wmtb1pk0/wish/2683314842 (Chani)
The amount of damages sought by Orman was unspecified as often the case the calculation of damages has not yet been completed, but it was reported in one newspaper article that the amount sought could be as much as $10 million.
General damages → Orman's faced emotional suffering n loss of enjoyment of life as he was wrongly jailed for 12 years. For a crime that Orman never committed, and he did not receive a fair trial, it is very possible that the mental harm that he suffered was significant
limitation - 
- consideration of the extent of Orsman's emotional suffering and loss of enjoyment of life.
- whether damages can adequately compensate for the time, stress and inconvenience of court proceedings

strengths - 
- compensated Orman for pain and suffering he suffered 
- Orman's counsel may make submissions about the appropriate amount of damages he should receive 


]]> 2023-09-04 11:24:38 UTC https://padlet.com/shalbish/icxx85r1wmtb1pk0/wish/2683314842 Describe one dispute resolution body that may be or was involved and discuss its appropriateness (4 marks). shalbish https://padlet.com/shalbish/icxx85r1wmtb1pk0/wish/2683315019 (Ranudi)
It was held in the Supreme court, which has unlimited jurisdiction to hear civil disputes. The County Court also has unlimited jurisdiction to hear civil disputes, but the Magistrates’ Court does not,also the high court would be suitable for commonwealth and wider cases, hence the supreme courts appropriateness. ]]> 2023-09-04 11:24:50 UTC https://padlet.com/shalbish/icxx85r1wmtb1pk0/wish/2683315019 Identify the claim and outline the central facts of the case (4 marks). shalbish https://padlet.com/shalbish/icxx85r1wmtb1pk0/wish/2683315076 Nicola Gobbo was a Lawyer  - she gave information to Victoria Police about accused people to secure criminal convictions against them 

-Doing this she threatened the integrity of the criminal justice system, as this could result in many convicted criminals’ convictions being overturned 

-Faruk Orman being one of thoes people who had already spent 12 years in prison for murder,but claims he didnt,  and wanted to appeal his conviction 

-Orman successfully appealed, and  was released from prison. He then sued the state of Victoria for damages for the 12 years he spent in prison. 

]]> 2023-09-04 11:24:56 UTC https://padlet.com/shalbish/icxx85r1wmtb1pk0/wish/2683315076 Evaluate the extent to which the principles of justice were or could be achieved in this case (6 marks). shalbish https://padlet.com/shalbish/icxx85r1wmtb1pk0/wish/2683315797 (Laura)
In this case, the principles of justice were achieved. The directions and orders given by the Supreme Court gave both parties and opportunity to present their case and to rebut the other sides case, the rules of the procedure were followed, a jury was the decider of the facts, there was a timely resolution for the case, and that both parties had adequate legal representation. 
Equality was shown in the case as the judge acted impartially without bias, both parties had experienced legal representation, the jurors had no connection to or relationship with the parties, however as Wilson is high profile, the jurors may have been been influence by this factor, and both parties had the right to appeal the case. 
Access was shown in this case, as the trial was conducted by an open hearing (this ensures that parties and members of the community can access the information about the way a dispute was resolved, ensuring transparency), they had access to the reasons the Court made their decision, as well as that both parties had the right to appeal.  ]]> 2023-09-04 11:25:55 UTC https://padlet.com/shalbish/icxx85r1wmtb1pk0/wish/2683315797 Describe a remedy that could be or was awarded and discuss its appropriateness (6 marks). shalbish https://padlet.com/shalbish/icxx85r1wmtb1pk0/wish/2683316480 The remedy that was originally awarded to Wilson in the case was a total of $4 567 472, in damages. She was awarded $650 000 in general damages, and $3 917 472 in specific damages. These damages were to compensate the possible income that she could've received from films, if the articles weren't published. However, the defendant appealed the case to the Court of Appeal, and stated that the damages should not be awarded at all. The court concluded that the general damages should be reduced to $600 000, and that no specific damages should be awarded. ]]> 2023-09-04 11:26:08 UTC https://padlet.com/shalbish/icxx85r1wmtb1pk0/wish/2683316480 Describe one dispute resolution body that may be or was involved and discuss its appropriateness (4 marks). shalbish https://padlet.com/shalbish/icxx85r1wmtb1pk0/wish/2683316595 (Rehasha)
Wilson went straight to the courts, but a dispute resolution body she could've used was arbitration as the arbitrators award is legally binding so whatever the arbitrator awards must be the outcome of the case. If Wilson had decided to go with an arbitrator it would've been cheaper than going to court, private and confidential.]]> 2023-09-04 11:26:19 UTC https://padlet.com/shalbish/icxx85r1wmtb1pk0/wish/2683316595 Identify the claim and outline the central facts of the case (4 marks). shalbish https://padlet.com/shalbish/icxx85r1wmtb1pk0/wish/2683316654 It is a defemation case.
The person who left the comment claimed to have attended school with Wilson, and said that Wilson had lied about various details of her life. Nementzik (reporter) reached out to this person and published the claims that Wilson lied about her age and name and saying she was actually 36 years old and that her read name was Melaine Elizabeth Bownds. 
There was a total of 8 publications about this. 
Wilson claimed the articles portrayed her as a liar and ruined her reputation and that we was publicly humiliated and embarrassed by them]]> 2023-09-04 11:26:24 UTC https://padlet.com/shalbish/icxx85r1wmtb1pk0/wish/2683316654 State the jurisdiction of the court that heard this case and discuss possible avenues of appeal chanithmakodithuwakku https://padlet.com/shalbish/icxx85r1wmtb1pk0/wish/2687611545 (Sophie) 
This case was heard in the supreme court and court of appeals, and the original jurisdiction of the supreme court is to hear unlimited cases. It is used for more complex and larger civil disputes. As this was a high profile civil case it was heard in the supreme court. Either party was able to appeal to the court of appeals, the defendants appealed as they believed it was important to review the damages. This resulted in Wilsons amount of damages being reduced significantly.]]> 2023-09-06 23:33:50 UTC https://padlet.com/shalbish/icxx85r1wmtb1pk0/wish/2687611545