Key Concepts in the Victorian Civil Justice system

Terminology Burden of Proof: Standard of Proof Which side has to prove the case Standard of Proof The level of certainty the judge, magistrate or jury must have in deciding the dispute Representative Proceedings A proceeding in the name of one person on behalf of a group (also termed Group Proceedings and Class Actions) Terminology

Burden of Proof Sues Plaintiff Defendant Counterclaim

Representative Proceedings A group of people all have claims against the same party and join together to commence civil action 7 or more people have claims against the same person Those claims relate to the same, similar or related circumstance Same issues need to be decided Lead Plaintiff is the person who ‘represents’ the group Others are known as Group members Group Proceedings – Supreme Court Act 1986 (Vic) Representative Proceedings – Federal Court of Australia Act 1976 (Cth) Supreme Court Website also uses Class Actions

Types of Representative Proceedings Shareholder class actions: Shareholders of a company may make a claim about being misrepresented about the sate of the company’s affairs Product liability class actions Consumers who have purchased a good or service have all suffered the same loss or damage Natural disaster class actions Group members have suffered loss or damage as a result of a natural disaster.

Benefits of Representative Proceedings Group members can share the cost People can pursue civil actions they might not be able to afford in an individual case. More efficient way of court dealing with a number of claims In certain circumstances a litigation funder agrees to pay legal costs (they do this in return for a % of any settlement) Benefits of Representative Proceedings