Unit 2 – Area of Study 2: Remedies

Outcome 2

Explain key concepts in the resolution of a civil dispute, and discuss the principles of justice in relation to the resolution of civil disputes and remedies.

Examples of learning activities

• ​Working in pairs, identify how the Victorian legal system attempts to provide and guarantee fairness, equality and access.
• Compile a list of key terms relevant to Unit 2 - Area of Study 2: Remedies. Compile definitions for each term.
  Refer to Appendix 13 – Legal terms (docx - 69.21kb), for an example.
  Refer to Appendix 14 – Case studies (docx - 67.16kb).

• Analyse a recent civil court case.
• Create a summary sheet on the methods used to resolve a civil dispute such as mediation, conciliation and arbitration. The summary sheet should contain the following:
  • ​An explanation of the method, use examples to illustrate when it is appropriate and not appropriate to use this method
  • An evaluation of the method (advantages / strengths and disadvantages / weaknesses)
  • A description of the institutions established to resolve civil disputes (tribunals, ombudsmen and complaints bodies). For each institution, research the aim, the jurisdiction, the methods used to settle disputes, the powers and any right to appeal. Present the findings in a table.
• ​​Design a graphic depiction of the civil jurisdictions of Victorian courts.
• Using the webpage of Court Services Victoria​, explain the role of a jury in a civil trial. Compare this with the role of a jury in a criminal trial.
• ​Prepare a brochure outlining the steps involved after receiving notification to attend and perform jury duty in Victoria​.
• ​Create a set of cue cards demonstrating the purpose and types of civil remedies used in Victorian courts.
  Refer to Appendix 15 - Purpose and Types of Civil Remedies (docx - 65.45kb)

Detailed example

Research and prepare a report about a recent civil court case

Go to either the Victoria County or Supreme Court section of the Australasian Legal Information Institute​ (AustLII) ​select a recent civil case. Identify and explain the dispute resolution bodies involved in hearing the case.

Complete a report containing the following information:

• An overview of the claim and the central facts in the case
• The methods of dispute resolution utilised. Assess the appropriateness of the use of this method in this particular case
• A description of the remedies that have or could be awarded. An assessment of the appropriateness of these
• Identification and description of possible avenues of appeal in this case.

Application and analysis:

Students draw conclusions about the extent to which the principles of justice were or could be achieved in relation to this recent case. This information could be presented in a poster or an ICT display.​​