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Advice to Teachers -
Legal Studies

Unit 3 – Area of Study 2: The Victorian civil justice system

Outcome 2

Analyse the factors to consider when initiating a civil claim, discuss the institutions and methods used to resolve civil disputes and evaluate the ability of the civil justice system to achieve the principles of justice.

Examples of learning activities

  • Investigate one recent reform and one current recommendation for reform to the Victorian civil justice system. Write a description of the recommended reform and assess the extent to which it might enhance the ability of the civil justice system to achieve the principles of justice.
  • Apply legal reasoning to an actual or hypothetical civil justice scenario and discuss the extent to which the Victorian civil justice system achieves the principles of justice.
  • Collect a series of news reports about a recent Victorian civil case. Use these to identify the various components that make up a civil trial. Write a report about the case. Include the following: name of the plaintiff, defendant, and facts of the case. The progress of the trial outlining witnesses and arguments raised. Summarise the findings and eventual outcome. Evaluate and explain if justice was served in this case.
  • Design an infographic providing information on the pathways available in Victoria when initiating a civil claim. Take into consideration factors such as negotiation options, costs, limitation of actions, the scope of liability and enforcement issues. Highlight the conditions where it is appropriate to take a matter to Consumer Affairs Victoria, the Victorian Civil and Administrative Tribunal or to the various courts in the Victorian hierarchy.
  • Construct a map / diagram depicting the Victorian court hierarchy in a civil case. Highlight the jurisdiction of each court. Explain why a court hierarchy exists including administrative convenience and a system of appeals.
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  • Analyse a case study scenario about a civil court case.
  • Visit the County or Supreme Courts of Victoria to observe the responsibilities of key personnel in a civil trial. Students record the key personnel observed and the roles and tasks undertaken by each as observed.
  • Film a short vlog entry outlining the resolution of civil disputes in Victoria. Include factors to consider when initiating a civil claim, how to choose the appropriate forum to take the claim, a consideration of remedies and injunctions available, and a summary of the strengths and weaknesses of different methods of dispute resolution and their appropriateness.
  • Using various dispute resolution methods, role-play the parties and legal practitioners involved in a particular scenario. Discuss the appropriateness of each method for the scenario, as well as the strengths and weaknesses of dispute resolution methods and possible remedies. Consider factors that affect the ability of the civil justice system to achieve the principles of justice in different circumstances.
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Detailed example

Consider the following civil court case scenario and the issues arising

Sam’s civil claim

Sam paid for a bathroom renovation 4 years ago. The bathroom shared a wall with the living room of the neighbouring home. A month ago, the shared wall collapsed on Sam, who was in the bath at the time. Sam’s bathroom and the neighbouring living room were damaged, and Sam was injured and suffered humiliation as a result. Sam and the neighbour are now seeking both specific and general damages totalling $ 200,000 each.

  • In which court would this case be heard in Victoria? Why?
  • What factors should Sam and his neighbour take into consideration when filing a civil claim? Discuss how each factor might affect their claim
  • Discuss what might occur during each of the following pre-trial procedures in Sam’s civil case;
    • Writ issued to defendant
    • Defendant issues a counterclaim
    • Discovery.
  • Explain the distinction between the specific and the general damages being sought by Sam and his neighbour. Discuss whether Sam would be entitled to both types of damages.
  • Outline a recent or proposed reform to the civil justice system in Victoria. Analyse and discuss how this reform is likely to enhance the ability of the civil justice system in Victoria to achieve the principles of justice.
  • Discuss and evaluate the potential of the Victorian civil justice system to achieve the principles of justice in Sam’s claim.​