1. Key Concepts in the Victorian Civil Justice system

2. Terminology Burden of Proof: Standard of Proof
Which side has to prove the case
Standard of Proof
The level of certainty the judge, magistrate or jury must have in deciding the dispute
Representative Proceedings
A proceeding in the name of one person on behalf of a group
(also termed Group Proceedings and Class Actions)
Terminology

3. Burden of Proof
Sues
Plaintiff
Defendant
Counterclaim

4. Representative Proceedings
A group of people all have claims against the same party and join together to commence civil action
7 or more people have claims against the same person
Those claims relate to the same, similar or related circumstance
Same issues need to be decided
Lead Plaintiff is the person who ‘represents’ the group
Others are known as Group members
Group Proceedings – Supreme Court Act 1986 (Vic)
Representative Proceedings – Federal Court of Australia Act 1976 (Cth)
Supreme Court Website also uses Class Actions

5. Types of Representative Proceedings
Shareholder class actions:
Shareholders of a company may make a claim about being misrepresented about the sate of the company’s affairs
Product liability class actions
Consumers who have purchased a good or service have all suffered the same loss or damage
Natural disaster class actions
Group members have suffered loss or damage as a result of a natural disaster.

6. Benefits of Representative Proceedings
Group members can share the cost
People can pursue civil actions they might not be able to afford in an individual case.
More efficient way of court dealing with a number of claims
In certain circumstances a litigation funder agrees to pay legal costs (they do this in return for a % of any settlement)
Benefits of Representative Proceedings