Login

Welcome, Guest. Please login or register.

April 25, 2024, 08:59:04 pm

Author Topic: Civil claims list process  (Read 1036 times)  Share 

0 Members and 1 Guest are viewing this topic.

Aye Bay Bay

  • Victorian
  • Trendsetter
  • **
  • Posts: 133
  • Respect: +1
Civil claims list process
« on: August 18, 2008, 08:25:32 pm »
0
One of the questions on a question sheet given to me was to "Describe the process used by the civil claims list to deal with disputes". I'm not sure with my answer and I checked the textbook. This is my response:

Prior to the hearing a copy of claims will be sent to the respondent, followed by a notice of hearing letter notifying parties of the date, time and place of the hearing. Where the amount is in excess of $10,000 the parties will be required to attend a compulsory conference and direction hearing. In all cases the member will endeavour to resolve the dispute the dispute without having to submit the dispute to a hearing. If no pre-hearing resolution is possible the member will commence the hearing. No lawyers are allowed(unless both parties agree and the amount involved is greater than $10,000). The member will listen to the arguments and evidence of any witnesses called by either party. The member will listen to the arguments and evidence of any witnesses called by either party. The member and parties can ask questions of each other and of any witnesses. Having ensured that both parties have said all they wanted to say, the member makes a decision based on the evidence and facts presented.

Is this a correct or sufficient answer? Or is there something else? I've checked my textbook and I'm kind of confused.

xox.happy1.xox

  • Guest
Re: Civil claims list process
« Reply #1 on: August 18, 2008, 08:55:02 pm »
0
I would say that is a sufficient answer, however, it seems too compressed. Maybe describe the use of legal representation and the process in a separate paragraph. Also, maybe change some of your wording to make it more suitable to greater standards. For example, when you said 'no lawyers are allowed', maybe add more breadth by writing 'no legal representation is required', or something to that extent.

Other than that, a very fine piece of material there. ;)

hard

  • Guest
Re: Civil claims list process
« Reply #2 on: August 21, 2008, 07:07:38 pm »
0
yes that's a pretty good answer however i do believe that a not all that info would be needed for the exam. From the past 3 examiners that have lectured me, they've all said to ensure that you know your ADR's and their purpose however a lot of people make the mistake of knowing too much into the actual hearing rather than what it does etc etc. nonetheless, it is a good answer relevant to the question you had.