Activity 5ac
Interim injunction prevents logging 1. The Supreme Court granted an interim injunction. 2. Damages were not appropriate in this case as their purposes are to financially restore or compensate the plaintiff. In this case, something is needed to prevent the harm from occurring in the first place. Injunctions have the power to prevent a defendant […]
Activity 5ab
Gina Rinehart considers applying for an injunction Rinehart was considering applying for an injunction against Nine because she and her lawyers believed, based on the promotional material, that the show was going to contain defamatory material. Damages might have been inadequate in this case as their purposes are to financially restore or compensate the plaintiff. […]
Activity 5aa
Work related stress 1. The plaintiff was awarded damages for pain and suffering, damages for past economic loss, and damages for future economic loss – these are examples of general compensatory damages. 2. These damages achieve the purpose of restoration to only a limited extent. The plaintiff suffered mental and psychological harm and it is […]
Activity 5z
Evaluation of the ability of arbitration to achieve the principles of justice The task word ‘discuss’ require students to consider both sides of something. In this case, ‘discussing’ the ability of arbitration to achieve the principles of justice requires students to write about relevant strengths and weaknesses of arbitration. Responses will vary according to the […]
Activity 5y
Evaluation of the ability of conciliation to achieve the principles of justice The task word ‘discuss’ require students to consider both sides of something. In this case, ‘discussing’ the ability of conciliation to achieve the principles of justice requires students to write about relevant strengths and weaknesses of conciliation. Responses will vary according to the […]
Activity 5x
Evaluation of the ability of mediation to achieve the principles of justice The task word ‘discuss’ require students to consider both sides of something. In this case, ‘discussing’ the ability of mediation to achieve the principles of justice requires students to write about relevant strengths and weaknesses of mediation. Responses will vary according to the […]
Activity 5w
The Black Saturday bushfire class actions: Kinglake and Murrindindi An external mediator conducted the mediation in the Kinglake Black Saturday bushfire class action Mediation resulted in an out-of-court settlement for almost $495 million. The settlement was reached without any admission of liability by any of the defendants. The Kinglake dispute settled after the end of […]
Activity 5v
Evaluation of the ability of judicial case management to achieve the principles of justice The task word ‘discuss’ require students to consider both sides of something. In this case, ‘discussing’ the ability of judicial case management to achieve the principles of justice requires students to write about relevant strengths and weaknesses of aspects of judicial […]
Activity 5u
Evaluation of the ability of theresponsibilities of legal practitioners to achieve the principles of justice The task word ‘discuss’ require students to consider both sides of something. In this case, ‘discussing’ the ability of the responsibilities of legal practitioners to achieve the principles of justice requires students to write about relevant strengths and weaknesses of […]
Activity 5t
Examples of overarching obligations The Court of Appeal refused the request to appeal in Yara Australia Pty Ltd v Oswalwhen it ruled that the legal practitioners had breached their overarching obligations by filing excessive material with the Court The court ordered the solicitors to indemnify their clients for half of the respondent’s costs, and told […]