TUTORIAL 2: Take-home questions from lecture 2
Legal vocabulary test: match 15 words from the listof 20 in the left column with the corresponding definition on the centre column
CAUSE OF ACTION
CHOSE IN ACTION
BREACH OF DUTY
Failure by a person to carry out a legal obligation
A personal right which can be transferred to another person
A right recognised by a court as necessary to achieve a fair result
Court order that a debt owed by a third person be paid to a successful party
Decision made by an arbitrator after he or she has heard and decided a dispute
Describes the type of court process in Australia
Decision or ruling made by a tribunal after it decides a dispute
Method of enforcing a court order which involves seizing and selling property
A person who tries to bring two parties to an agreement but cannot enforce a decision
The officer who presides over a hearing before a tribunal
The person who brings a claim in a state court
A right which arises from legislation passed by a parliament
The person against whom a claim is brought in a the Federal Court
A right which is based upon some formal legal process
The officer who presides over a hearing in the Local Court
What would you consider the most appropriate legal forum (ie, court or tribunal) to hear each of the following disputes in which you are involved?
a. You are challenging some charges on your mobile telephone account
b. You share a flat. The person you share with is moving out. You find a new person to move in and share the rent but the landlord will not agree to that person.
c. You have a part time job behind the bar in an hotel. The licensee wants you to work over the coming October Long Weekend. You have planned a week’s holiday at the Gold Coast. He says if you do not work as he requires you will be dismissed.
d. You have sold your car for $3,500. The buyer gave you some cash ($2,000) and a cheque ($1,500). The cheque has been dishonoured by the bank. The buyer hangs up the phone whenever you ring him about this.
e. The government says your visa has expired. You say you are receiving medical treatment which requires you to remain here for a further three months. The government says it will deport you if you have not left Australia within 14 days.
You are driving a motor vehicle on a suburban street at night when another vehicle, coming in the opposite direction, turns across in front of you to enter a side street. You are unable to stop and the cars collide. The cost of repairs to your vehicle is $6,500. You say he should have given way to you, he says you were driving without your lights on and could not be seen. You bring a claim against him.
1. In what court or tribunal would you commence proceedings?
2. If you win the case, what remedy would you ask the court to give you?
3. You know the