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9.5 – Pre-trial Procedure: a summary

2

Supreme Court: Pre-trial Stages

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Difference in Criminal and Civil pre-trial procedures

Criminal Pre-trial

Police Investigation Arrest of Offender Bail/Summons/ Remand Committal Hearing

Purpose: Establish Prima Facie Case, rights of accused (Silence), Presumption of innocence, Right to bail

Civil Pre-trial

Letter of demand Pleadings Discovery Directions Hearings

Purpose: Encourage an out of court settlement

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Comparison of pre-trial procedures (P344)

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Case Study – Scholl v TAC (P.345)

1. Read SCHOLL v TAC – Kerang crash (Page 345)

2. Complete questions on Page 346: Q 1 – 6

Remember to use and refer to the stimulus material in the case study

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Your Turn

1. Questions 1 – 3 Page 344 of text

2. Extend and Apply – (Case study one) Civil Proceedings Pages 345

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Still your turn (Sorry)

Research one or more civil cases. For each case, 1. identify the plaintiff 2. the defendant, 3. the facts of the case, 4. explain the remedy being

sought, 5. outline the final outcome (if

appropriate) 6. discuss the benefits and

weaknesses associated with taking a civil case to court and having it resolved by judicial determination.

http://www.theage.com.au/afl/afl-news/former-cat-matthew-egan-takes-legal-action-over-foot-injury-20140826-108kib.html

http://www.heraldsun.com.au/news/breaking-news/ex-cop-barry-doherty-awarded-753676-damages/story-e6frf7jx-1225869735703

http://www.theage.com.au/federal-politics/political-news/high-court-rules-on-potato-chip-580000-for-slip-injury-20120307-1ujgk.html

http://www.queanbeyanage.com.au/story/1557363/ski-lift-injury-perisher-judged-negligent/

http://www.heraldsun.com.au/archive/news/black-saturday-class-action-likely-to-settle-out-of-court-say-lawers/story-fn7x8me2-1226289475469