1. Dispute Resolution-taking civil action
9.2

2. Resolving a civil dispute in the Magistrates' Court
Damages sought will determine which court hears the case.
The Magistrates' Court hears cases involving claims up to $
Cases that are eventually heard in the Magistrates' Court are called hearings.
Cases heard in the higher courts are referred to as trials.

3. The diagram below outlines the process that takes place if you are claiming more than $ in the Magistrates' Court.

4. Pre-hearing conference
Parties to a civil trial meet with a court officer to ensure they can proceed to a hearing.
It is used to try to get a settlement before the hearing of the case in court
They can still refer it to mediation if it is suitable
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5. Cricketer Shane Warne sued the Herald Sun
This case was about the newspaper running a story accusing him of match fixing.
The case did not go to trial as a confidential settlement (monetary compensation) was made
An apology was also published in the newspaper. The apology ended with this statement: ‘the Herald Sun accepts that this assertion was incorrect and unreservedly withdraws it and apologises to Shane Warne for the hurt and upset caused by the article’.

6. Resolving a civil dispute in the higher courts
More serious civil cases are heard in the higher courts such as the County Court or Supreme Court.
Pre-trial procedures are taken to prepare for the trial and, hopefully, avoid going to trial at all.

7. Ballerini v. Berrigan Council
Complete question 1 Read the case and answer questions 4-7 on page