A Civil Case © Karen Devine 2010. A Civil Action The objective of a civil action is to obtain compensation for an individual wronged by the actions of

A Civil CaseA Civil Case

© Karen Devine 2010

A Civil ActionA Civil Action

The objective of a The objective of a civil action is to civil action is to obtain obtain compensation for compensation for an individual an individual wronged by the wronged by the actions of another. actions of another.


Resolution of a Civil ActionResolution of a Civil Action

Resolution can be in the form of:Resolution can be in the form of:

a)a) DamagesDamages: are monetary payments and are : are monetary payments and are frequently known as compensation.frequently known as compensation.

b)b) InjunctionInjunction: which is a court order to carry out an : which is a court order to carry out an action or cease an activity.action or cease an activity.

c)c) Specific PerformanceSpecific Performance: which is a court order : which is a court order requiring one party to complete their part of the requiring one party to complete their part of the agreement.agreement.

d)d) RestitutionRestitution: which is a court order to restore a : which is a court order to restore a situation back to its original condition.situation back to its original condition.



Firstly, a solicitor Firstly, a solicitor needs to advise needs to advise whether there is a whether there is a case or not.case or not.The standard of proof The standard of proof used in civil cases is used in civil cases is on the on the balance of balance of probabilitiesprobabilities. . The burden of proof is The burden of proof is on the plaintiff.on the plaintiff.



A jury can be used in A jury can be used in the District or the District or Supreme Court and Supreme Court and consists of 4-6 consists of 4-6 people.people.

A jury decision does A jury decision does not have to be not have to be unanimous, but can unanimous, but can be a majority be a majority verdict.verdict.


Pre Trial ProceduresPre Trial Procedures

A Civil case begins A Civil case begins with a tort being with a tort being committed or a committed or a breach of contract.breach of contract.

The Plaintiff sues The Plaintiff sues the defendant for the defendant for the breach.the breach.


Pre-Trial ProceduresPre-Trial Procedures

A A writ of writ of summonssummons is is issued.issued.

The defendant The defendant enters an enters an appearance.appearance.



A A statement of statement of claimclaim is sent by the is sent by the plaintiff’s solicitor to plaintiff’s solicitor to the defendant’s the defendant’s solicitor.solicitor.A A statement of statement of defencedefence is sent by is sent by the defendant’s the defendant’s solicitor to the solicitor to the plaintiff’s solicitor.plaintiff’s solicitor.



Sharing of information Sharing of information occurs to avoid occurs to avoid repetition of evidence repetition of evidence and overlap. and overlap. Both sides need to see Both sides need to see each other’s evidence each other’s evidence which is relevant to the which is relevant to the case. case. This is known as This is known as discovery.discovery.



Either party can Either party can ask questions ask questions which are which are answerable on answerable on oath, these are oath, these are known as known as interrogatories.interrogatories.



At any stage At any stage there can be a there can be a settlement out settlement out of court.of court.



If a trial occurs, the two If a trial occurs, the two possible outcomes are:possible outcomes are:

a)a) The defendant is found The defendant is found liable liable and ordered to and ordered to pay pay damagesdamages or or

b)b) the defendant is found the defendant is found not liablenot liable and the and the plaintiff may have to plaintiff may have to pay pay costs.costs.


Question Time?Question Time?

Research civil Research civil cases occurring in cases occurring in the NSW court the NSW court system at present.system at present.What are the What are the issues involved?issues involved?What is the What is the outcome outcome expected?expected?


Documents

A Civil Case © Karen Devine 2010. A Civil Action The objective of a civil action is to obtain compensation for an individual wronged by the actions of