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9.7 – Non-Financial civil remedies and their purpose

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Injunctions http://

www.mauriceblackburn.com.au/news/press-releases-announcements/2013/protesters-continue-to-fight-mcdonalds-wide-ranging-supreme-court-injunction.aspx

An interim Supreme Court injunction which restricts the movement of protesters opposed to a-24 hour fast food outlet in Tecoma, in the Dandenong Ranges applies to a group of protesters known as "The Tecoma 8" and a much broader group for which some of the defendants have been deemed to be representatives.

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Injunctions

An injunction is a court order requiring the defendant to1. Undertake2. Refrain from

undertakingActions to rectify or prevent breach of rights

Underbelly case study (P.351)

Mandatory InjunctionCompels a party to undertake an action

Restrictive InjunctionRestraining a party from undertaking an action.

Perpetual InjunctionPermanent Orders

Interim InjunctionProvides a temporary remedy until the case has been finalised.

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Order for specific performance

Relates to breach of contract

Compels the defendant to carry out the requirements of the contract

Not compensated in terms of financial remedy

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Rescission

Relate to breach of contract

Generally only made when the parties can be returned to their original position prior to the contract

Order can terminate and/or cancel the contract

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Restitution

Made in cases where the defendant is in possession of property belonging to the plaintiff.

Order required the defendant to return the property to the plaintiff.

i.e., TV borrowed but not returned.

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Legal Costs

Rinehart ordered to pay children's costs

NSW Supreme Court has ordered billionaire Gina Rinehart to pay the legal bills of three of her children and the media in her failed attempt to stop details of a feud over a trust being made public.

http://www.abc.net.au/news/2012-07-30/court-orders-rinehart-to-pay-further-case-costs/4163748

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Legal Costs

The plaintiff must weigh up the risk of losing the case and having to pay his or her own legal

costs (as well as) the opposing party's

legal costs. If the defendant loses the case, the defendant will pay both parties' legal costs.

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Legal Costs

Legal practitioner costs are the costs associated with a legal practitioner in the case and providing legal advice.

Party–party costs are those legal fees charged as a result of direct communication between both parties to the case.

Legal practitioner–client costs are not paid by the losing party and, in many cases, they form the bulk of expenses at the conclusion of the trial.

It is standard at the end of most civil matters for the winning party to obtain an order that the loser pay its costs — that is, the party–party costs.

This is formulated by using a court scale

Generally speaking it unusual for this amount to cover the winner's actual costs — depending on the lawyer the winner has used, the recovery can be as low as 50 per cent.

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Melbourne man wins right to take on police without fear of incurring hefty legal costs

"The decision was that a protective costs order would be allowed in this test case, and this is the first decision of that nature in Victoria," Ms Couchman said.

http://www.abc.net.au/news/2013-08-02/melbourne-man-wins-right-to-take-on-police-without-fear-of-incu/4862150

http://newsstore.fairfax.com.au/apps/viewDocument.ac;jsessionid=8115D5DA3EC45F619CFB1CDAC92975D4?sy=afr&pb=all_ffx&dt=selectRange&dr=1month&so=relevance&sf=text&sf=headline&rc=10&rm=200&sp=brs&cls=192&clsPage=1&docID=AGE140520E11MH7DUR9B

Mr Bare wants an independent review of police, who he alleges bashed and racially abused him four years ago.

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Your Turn

Questions 1 – 6 Page 353