Participants in litigation victorian courts plaintiff

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Participants in Litigation Victorian courts: ‘plaintiff’ & ‘defendant’. Federal system (& VCAT): ‘applicant’ & ‘respondent’. Appeals: (State & Federal) ‘appellant’ & ‘respondent’.
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o Magistrates’ Court Act 1989 (Vic) o Subject matter jurisdiction : any claim for damages or equitable relief within jurisdictional limit (up to $100,000) (section 100). o Excluded: prerogative writs and equivalent administrative law proceedings – s100(2)
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Specialised divisions of the Magistrates’ Court o Koori Court n Criminal jurisdiction (Aboriginal defendants) o Drug Court n Criminal jurisdiction (drug offences); limited to certain geographical areas o Family Violence Court n Criminal & civil jurisdiction (events involving alleged family violence); limited to certain geographical areas o Neighbourhood Justice Division n Criminal & civil jurisdiction (homeless or Aboriginal parties, family violence, community-related issues); limited to certain geographical areas
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Children’s Court o Same level as the Mags Court. n President is a judge of the County Court o Independent court. o Deals with matters concerning children under 18 (criminal law) or 17 (family law). n Family division n Criminal division & Koori Court (criminal) n Neighbourhood Justice division o Cases are heard by Magistrates.
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County Court County Court Act 1958 (Vic) o Victoria’s principal trial court o Original jurisdiction o Appellate jurisdiction (criminal appeals from the Mags Court)
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County Court – Civil Jurisdiction o All applications, claims, disputes and civil proceedings regardless of the type of relief sought or the subject-matter as are not by this or any other Act excluded from its jurisdiction” (section 37(1)(a)). o Previous jurisdictional limit up to $200k abolished from 1 January 2007. o Claims against municipal councils for loss/injury while using roads, land, buildings etc controlled by council (s37(1)(b)) o Other areas where jurisdiction conferred by statute n e.g. Administration & Probate Act; Property Law Act; Transfer of Land Act; and Adoption Act.
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Supreme Court o Trial division o Trial division has 3 further divisions p The commercial and equity division p The common law division p The criminal division o Appeal division: Court of Appeal
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List System in the Supreme Court o Commercial Court: n Intensively case managed o Major Torts list: n Associate Judge manages interlocutory stages until case is ready for trial (handed to civil list) o Other specialty lists: n Admiralty; TEC; corporations; IP; planning; long cases. n Varying degrees of case management e.g. TEC has a resources conference early in proceedings.
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Supreme Court Constitution Act 1975 (Vic) s 85(1): Supreme Court “… shall be the superior court of Victoria with unlimited jurisdiction” 21
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Court of Appeal o Appeal division of Supreme Court o Commenced 1995.
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