questions about Insight 2010

[Spreadbury]

Question 4. Some Background Details: Jessica was charged with causing serious reckless injury, a maximum penalty of 15 years which was being heard in the County Court. A Civil case was also brought against Jessica for the value of $825,000.

the question was "Explain to jessica why her criminal case is taking place in the County Court, while her civil case will most likely commence in the Supreme Court. Is there another court that could hear Jessica's civil case if it proceeds? Explain."

the part of the question I highlighted confuses me a little. I didn't know if "if it proceeds" meant that it is "heard on appeal" or what.

Also, just a question regarding the jurisdiction of VCAT lists, should we also state the powers of the list. In my eyes, just stating the jurisdiction of the list doesn't justify them giving us 8 lines to answer the question. I answer it in less than half of that.

[zomgSEAN]

I dont think it would be in reference to if it was appealed, as there is no noting, or even implication of this.

I do not understand what you mean when you say the 'powers' of a list; please explain?

[andy456]

I think the bolded just means provided it isnt settled out of court beforehand

[Spreadbury]

the sort of orders that a list can make; for example, the civil claims list can order a payment of money, or the anti-discrimination list can order that the defendant refrain from further discrimination against the defendant.

and what do you think the "if it proceeds" would be in reference to? the writ had already been issued and the case set down for trial in the supreme court

[Spreadbury]

I think the bolded just means provided it isnt settled out of court beforehand

"Is there another COURT"

[traciet]

I would have thought it was merely asking you if there is another court that could have heard the case (apart from the Supreme Court.) The case has not yet proceeded to court, the parties representatives are still partaking in pre-trial procedure... To talk about appeals would be irrelevant, as the case has not been heard by the Supreme Court yet.

[saaaaaam]

This was the answer I gave when answering the question. I hope it helps.

c) explain to Jessica why her criminal case is taking place in the County Court, while her civil case will most likely commence in the Supreme Court. Is there another court that could hear Jessica's civil case if it proceeds? Explain.

'Causing Serious Injury Recklessly' s an indictable offence, however it is not so serious as to be heard by the Supreme Court. Therefore it is being heard by the County Court.

The civil proceedings are taking place in the Supreme Court as their civil jurisdiction allows them to hear cases of an unlimited amount. However the Supreme Court usually only hears the most complex civil matters. The County Court has a jurisdiction of $100, 000 to an unlimited amount and therefore could also potentially hear the case.

[Spreadbury]

I was considering mentioning that the county court could hear the case, considering the amount involved and that the question acknowledged that the supreme court would hear the case I was put off

[traciet]

It can be heard by the County Court if both parties consent.

[saaaaaam]

The Insight sample solutions my teacher provided said the correct answer was that the county court could also hear it.

I was concerned about that question as well.

[lilaznkev1n]

I was considering mentioning that the county court could hear the case, considering the amount involved and that the question acknowledged that the supreme court would hear the case I was put off

I could also be heard in the County court as the county court since 2006 has unlimited original civil jurisdiction so it can hear a case involving $825,000 in this case...

[traciet]

Also, when you are describing the powers of VCAT it is not necessary to state their powers. These have not been included in past examination reports for such questions. I guess if you've got a bit of time on your hands it wouln't hurt to chuck it in though.

[chrisjb]

I remember this question. It screwed me over a little bit because for the next part of it (about criminal pre trial procedures if I remember correctly) I thought was asking about civil- cos the previous part had been about civil (didn't read the question thoroughly enough ) It was actualy a prety well done by insight, i liked it.

... And County court was the answer to the bolded bit like traciet said.