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6.3
U3AOS2 - Factors to Consider Before Initiating a Civil Claim
| Question | Answer |
|---|---|
| Q: What are the three main cost factors a plaintiff must consider before initiating a civil claim? | A: Fees for legal representation, disbursements, and the risk of adverse cost orders. |
| Q: What are disbursements in a civil claim? | A: Out-of-pocket expenses the plaintiff may need to cover, such as court or tribunal fees, mediation fees, expert witness fees, and technology costs for managing evidence. |
| Q: What is an adverse cost order? | A: A court order requiring the losing party (plaintiff or defendant) to pay the other party’s legal costs. |
| Q: How can the fear of an adverse cost order impact a plaintiff? | A: It may discourage them from initiating a civil claim, especially if they cannot afford to pay the other party’s costs. |
| Q: What financial considerations should a plaintiff evaluate before starting a civil case? | A: Cost of dispute resolution, availability of funds, potential damages, eligibility for legal aid, and the risk of adverse cost orders. |
| Q: What is a limitation of actions in civil law? | A: A time limit within which a plaintiff must initiate legal proceedings after a wrong has occurred. |
| Q: What is the purpose of imposing a limitation of actions? | A: To ensure disputes are resolved promptly, evidence remains reliable, and legal uncertainty is minimised. |
| A: The Limitation of Actions Act 1958 (Vic). | |
| Q: What is the limitation period for a defamation claim in Victoria? | A: 1 year. |
| Q: What is the limitation period for a breach of contract claim in Victoria? | A: 6 years. |
| Q: Are there any exceptions to limitation periods in Victoria? | A: Yes, there are no limitation periods for cases involving child abuse or psychological injury from such disputes. |
| Q: What are enforcement issues in a civil claim? | A: Problems that arise when the defendant fails to comply with a court-ordered remedy or settlement. |
| Q: Why must a plaintiff assess enforcement issues before filing a claim? | A: To ensure the defendant has the ability and willingness to pay if found liable. |
| Q: What happens if the defendant is bankrupt? | A: The plaintiff may be unable to recover damages, as the defendant formally cannot pay. |
| Q: What enforcement challenges arise if the defendant is in jail or overseas? | A: It becomes more difficult to enforce any remedy ordered by the court. |
| Q: Can a plaintiff enforce a remedy if the defendant refuses to comply? | A: Yes, by seeking enforcement through mechanisms like court-issued warrants. |
| Q: What is an example of an enforcement mechanism? | A: A warrant allowing a court sheriff to seize and sell the defendant’s goods. |
Created by:
nandistudies
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