Activity 4g
1. Strict rules of evidence and procedure act as barriers to access for parties, and can result in inequality because different parties navigate and manipulate them differently. The rules apply equally to both parties so one party is not advantaged at the expense of the other, but complex rules can be manipulated by experienced parties, […]
Activity 4f
1. Representative proceedings provide access for group members, but at the expense of equality between group members and the named plaintiff. Class actions allow claims to be brought that would otherwise not have been pursued. For instance, cases where each individual claim was not financially valuable enough to warrant a lawsuit, or claims where group […]
Activity 4e
1. The defendants were the Commonwealth Government and two security companies. 2. The lead plaintiff was Kamasaee, a man held on Manus Island. 3. Kamasaee represented 1383 people who had been detained on Manus Island. 4. The two main allegations were that the plaintiff had been held in conditions that did not meet Australian standards […]
Activity 4d
The standard of proof raises issues to do with fairness and equality. The standard seeks fairness, because the defendant cannot be held responsible for a wrongdoing if there is only flimsy evidence against them. There are problems, however, because a principle of fairness is consistency, and the meaning of the civil standard is ‘personal satisfaction’ […]
Activity 4c
The trial judge applied the criminal standard of proof to the husband’s claims, instead of the civil standard of proof. Firstly, the seriousness of the allegation made; secondly, the likelihood or unlikelihood of the claim; and, thirdly, the gravity or seriousness of the consequences of the claim being believed. The precedent of Briginshawmeans […]
Activity 4b
1. The burden of proof primarily targets fairness in protecting the defendant, but this may reduce equality between the parties. A presumption of automatic liability that needed to be disproved would be unfair for the defendant, because they wouldn’t know the evidence to defend themselves against. Instead, the plaintiff making the allegations must be prepared […]
Activity 4a
1. The banks reached a private agreement to refinance loans for Bell on the condition that they would be paid before any other creditors in the event of a liquidation, even though they potentially knew or should have known that Bell was close to collapse. 2. From 1993 to 1996, West Australian motorists were required […]