Lesson 04

• Plaintiff

  Brings the dispute fowards

  Believes they have experienced some form of loss
• Defendant

  Can admit or deny claims made by plaintiff
• Burdern of Proof

  Individual or party who has the onus or responsibility to bring foward the evidence in the case

  When a plaintiff sues a defendant - the plaintiff has to show defendant was in the wrong through presentation of evidence
• Counterclaim

  Defendant makes a direct claim against the plaintiff - have the onus to prove
• Standard of Proof

  Quality of evidence

  Balance of probabilities required for the plaintiff to demonstrate that the defendant should be liable.

  The court must be satisfied that it is more probable/likely than not the plaintiff's version of the case is the correct one.
• Limitations of Actions

  Restriction placed on the time within which a civil action can be commenced

  Specified in months/years

  Once passed the defendant may be able to raise a defence that the plaintiff is out of time and can no longer bring the claim (Effect: the plaintiff barred from obtaining any remedy)
• Rationale

  Defendant does not have to face an action after a significant amount of time

  Evidence is not lost and people can still remember

  Disputes can be resolved as quickly as possible, to promote social cohesion
• Main Statute

  Limitations of Actions Act 1958 (Vic)