12Facilitating Ongoing Civil Justice Review and Reform

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Glossary interlocutory application – ‘An application to a court to make an order before the court makes a final order in the proceeding’.* inter partes – between parties. interrogatories – ‘A form of discovery that involves one party asking the other party specific questions relating to the matters in issue in the proceedings in a written form in accordance with the rules of the Court.’* jurisdictional error – ‘The purported exercise by a tribunal or court of jurisdiction in excess of that which has been conferred upon it, or the failure to exercise its proper jurisdiction. Jurisdictional error is a ground for judicial review.’* legal professional privilege – ‘A common law privilege which provides that confidential communications between legal practitioner and client for the sole purpose of the client obtaining, or the legal practitioner giving, legal advice or for use in existing or contemplated litigation need not be given in evidence nor disclosed by the client or by the legal practitioner without the consent of the client: (Grant v Downs (1976) 135 CLR 674’.*The precise scope of the common law legal professional privilege is unclear (Cadbury Schweppes Pty Ltd v Amcor Limited [2008] FCA 88 [6] (Gordon J). Privilege relating to legal ‘advice’ and privilege relating to ‘litigation’ is also governed by evidence legislation in many Australian jurisdictions. letter of demand – is usually sent by a solicitor on behalf of a client prior to the institution of proceedings. The letter usually sets out the general nature of a claim/complaint and what is required to be done and by when in order to resolve the claim before the author takes further action to enforce his or her rights. liability – ‘a person’s present or prospective legal responsibility, duty or obligation’.* mandamus – ‘we command. An order issued by a court to compel a public official to perform a public duty or to exercise a statutory discretionary power’.* nolle prosequi – ‘unwilling to proceed. An entry made in a court record when the prosecutor or plaintiff is unwilling to continue the proceedings against the defendant. In criminal proceedings, a decision by the Attorney-General or the Director of Public Prosecutions not to continue with a prosecution or indictment after a bill has been found. A nolle prosequi does not establish the innocence of an accused, against whom another indictment may later be presented for the same or similar offence.’* party–party costs – ‘Fair and reasonable costs, including fees, charges, disbursements, expenses and remuneration, incurred by a party in enforcing or defending their legal rights.’ * prerogative powers – ‘The common law powers of the Crown derived from the Queen… Such prerogatives are subject to the Commonwealth Constitution and may be circumscribed or extinguished by legislation… Some prerogative powers are vested in the Attorney-General as first law officer of the Crown’. # prerogative writ – a ‘writ traditionally within the power of a superior court to issue in its exercise of supervision of the administration of justice’. ‘There are six writs in all – mandamus, prohibition, procedendo, certiorari, quo warranto, and habeas corpus’. pro bono- ‘Legal work performed free or at a reduced rate’. * procedural fairness – ‘Common law principles applied to statutory and prerogative powers to ensure the fairness of a decisionmaking procedure of courts and administrators. The term is used interchangeably with natural justice’.* prohibition – ‘A type of prerogative remedy issued by a court to prevent a tribunal or inferior court which is acting in excess of its jurisdiction, from proceeding any further’.* proportionate liability – The sharing of liability between parties proportionate to their relative blameworthiness or degree of fault with regard to the same incident. quantum – amount claimed or due to a particular party. quo warranto – ‘by what authority. A writ requiring a person to show by what warrant he or she holds official office or exercises a function.’ * res judicata – a judicially determined matter. The rule that if a dispute is judged by a court, then the judgment of the court is finally between the parties to that dispute. restitution – ‘restoration of property or rights previously taken away, conveyed or surrendered’. tort – wrong. ‘A civil injury, actionable by a private individual, as opposed to a criminal wrong, actionable by the state.’ ultra vires – ‘beyond the power. An ultra vires act is beyond the legal power or authority of a person, institution, or legislation, and therefore invalid’.* unjust enrichment – ‘a benefit for which the recipient is required to make restitution to the person at whose expense it was obtained. An enrichment is unjust of for example, the enrichment was provided by mistake, under duress or influence…’* viva voce – an examination where questions are asked and answered orally rather than in writing. 742 Victorian Law Reform Commission - Civil Justice Review: Report
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Page 1 and 2: 2 695 Chapter 12 Facilitating Ongoi
Page 3 and 4: 1. INTRODUCTION ‘Managing justice
Page 5 and 6: In Harris v Caladine Justice Toohey
Page 7 and 8: Court Rules 1992. They are the culm
Page 9 and 10: Advantages 3.1 Production of a ‘m
Page 11 and 12: (4) The Lord Chancellor may reimbur
Page 13 and 14: 3. SUBMISSIONS AND CONSULTATIONS 3.
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Page 19 and 20: (1) The Judges of the Court […] m
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Page 23 and 24: One submission cautioned against pl
Page 25 and 26: Background An amicus curiae offers
Page 27 and 28: Penovic recommended that the commis
Page 29 and 30: Other concerns raised in the submis
Page 31 and 32: Ms Crowe indicated that the matter
Page 33 and 34: The Consumer Action Law Centre reco
Page 35 and 36: 254 • providing a right to a jury
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Page 39 and 40: CONSULTATION PARTICIPANTS DATE 32 T
Page 41 and 42: Appendix 2: Submissions Consultatio
Page 43 and 44: Appendix 2: Submissions Draft Expos
Page 45 and 46: Appendix 3: Events Attended NO EVEN
Page 47: Glossary 1 Terminologyamicus curiae
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Page 53 and 54: Gleeson Murray, ‘State of the Jud
Page 55 and 56: Mackie, Karl, Are Lawyers Falling s
Page 57 and 58: 34 Conference in the Land and Envir
Page 59: Tucker, Philip, ‘Judges as Mediat

12Facilitating Ongoing Civil Justice Review and Reform

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