Unit 2 - AOS2 (remedies)

• what is the meaning of mediation


  • An impartial 3rd party facilitates discussion between parties 
  • Mediator does not make suggestions about how to solve the problem, merely ensures respectful conversation 
  • The parties decide what the final outcome will be (not the mediator) 
  • Outcome is non-binding and the process is voluntary 
• what is arbitration 


  • Role of parties – 2 parties, may have representation present evidence and arguments to the arbitrator 
  • The Arbitrator listens to evidence & arguments and makes a decision on behalf of parties 
  • The decision is binding and must be followed 
• conciliation


  • The 3rd party facilitates discussion between parties. They are an expert and is impartial
  • Conciliator does make suggestions about how to solve the problem. 
  • The parties decide what the final outcome will be (not the conciliator) 
  • Outcome is non-binding and the process is voluntary 
• when should you use mediation 


  • When there is an ongoing relationship between parties 
  • Both parties are willing to cooperate to reach an agreement  
  • Both parties agree to follow conditions of agreement  
  • E.g neighbours and family members  
• when should you use conciliation


  • The relationship between the parties will continue 
  • Both parties are prepared to meet in a spirit of compromise and are willing to stick to any agreement reached 
  • A defendant admits liability and the only issue to determine is the amount to be paid 
• when should you use arbitration 


  • Parties have agreed to arbitrate the dispute or the claim is less than $10,000 and has been issued in the magistrates court 
  • the parties want the benefits of a binding and enforceable award made by an independent third party  
  • the parties want evidence to be presented to a third party, and some rules of evidence to apply  
• what is CAV


  CAV is a business unit of Victoria's department of justice and regulation, that monitors and regulates consumer affairs 

  • Informs people about consumer issues and informs businesses and consumers about their rights and responsibilities 
  • Informs consumers of their rights when they buy, hire, lease goods or pay for services  
• what is VCAT


  A tribunal that deals with disputes relating to a range of civil issues heard by dour division. 

  Administrative division  

  • -Guardianship – personal illness/disability that prohibits one from being able to look after themselves. 
  • Planning – housing permission 

  Civil division  

  • Consumer disputes – refunds, fixes under warranty and payments 
  • Building disputes 

  Human rights division  

  • Workers' rights – discrimination  

  Residential tendencies division  

  • Unpaid rent  
• what is a difference between CAV and VCAT


  One difference between VCAT and CAV is the ADR method used. 

  • VCAT uses mediation as a way of resolving disputes.
  • CAV uses conciliation as a way of resolving disputes.
• 6 Differences between a Criminal Jury and  Civil Jury 

  1.  Civil juries are optional not mandatory  
  2. The party that requests a jury, pays for jury  
  3. $600/day for first week, then $1200/day after first week  
  4. Civil juries are 6 members not 12  
  5. Civil juries decide on verdict AND remedy (except in defamation cases – then just the verdict)   
  6. Criminal jury decides only verdict, NOT sanction  
• Exemplary Damages 


  Exemplary damages are a way to punish the defendant for an extreme infringement of rights and deter others from undertaking the same type of actions. These are also known as punitive or vindictive damages, and these damages cannot be awarded in defamation cases.
• Nominal damages 


  Nominal damages aim to uphold the plaintiffs rights without awarding any substantial amount of damages. This occurs where a plaintiff is seeking to make a point about being legally in the right and show that their rights have been infringed.
• Contemptuous Damages  


  Contemptuous damages are damages awarded to a plaintiff who has the legal right to the damages but not the moral right (they didn’t really deserve them). In this situation a small amount of damages will be awarded.
• what does compensatory damages mean


  Compensatory damages restores the party whose rights have been infringed as far as possible to position they were in before the infringement, by compensating them for losses suffered. 
• Specific/special damages

  can be given a precise monetary value and are easily quantifiable. E.g. medical bills, loss of wages and property damage. 
• General damages 


  are assessed by the court according to the size of the wrong done and the long term consequences. An estimate only and not easily quantifiable. E.g. future loss of wages, pain and suffering. 
• Aggravated Damages: 


  awarded to compensate the plaintiff further if the court believes they suffered humiliation and insult. 
• Mandatory injunctions


  Mandatory injunctions order someone to do a particular action. 

  E.g finishing building the house and upholding their end of a contract 
• Restrictive injunctions


  Restrictive injunctions order a person to refrain from taking an action.  

  E.g stop demolishing a building or stop a parent turning up at their child’s school