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Key concepts in the Victorian Civil Justice system (Representative…
Key concepts in the Victorian Civil Justice system
Burden of proof
typically involves
plaintiff
proving defendant is liable
responsibility
that a party has to prove the facts of the case
Representative proceedings (class action)
involves a group of people who all have claims against the same party
types
Shareholder class actions
→ shareholders misrepresented about the state of the company’s affairs
Product liability class actions
→ consumers suffered the same loss or damage
Natural disaster class actions
→ suffered loss or damage as a result of a natural disaster
Advantages
group members can share cost
more efficient way to deal with number of claims
Disadvantages
Risk for businesses
Costs involved can be signifcant
Example: $500 million class action against power company SP Ausnet
Standard of proof
strength of the evidence
Must prove on the
balance of probablities