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George and Sarah are partners in a large construction business and they are involved in a dispute with a property developer - VCE - SSCE Legal Studies - Question 3 - 2006 - Paper 1
Question 3
George and Sarah are partners in a large construction business and they are involved in a dispute with a property developer. Their solicitor advises them that they m... show full transcript
Worked Solution & Example Answer:George and Sarah are partners in a large construction business and they are involved in a dispute with a property developer - VCE - SSCE Legal Studies - Question 3 - 2006 - Paper 1
Step 1
Outline the original civil jurisdiction of the Supreme Court.
Answer
The original civil jurisdiction of the Supreme Court encompasses a wide array of cases, particularly those involving substantial claims for damages. The court has the authority to hear civil matters where the amount in dispute typically exceeds a certain threshold, which is determined by legislation. In addition to monetary claims, it also covers cases such as property disputes, contracts, and torts. Importantly, this jurisdiction is seen as unlimited concerning the amount of damages that can be awarded.
Step 2
Outline one civil remedy which could be ordered in this case and explain its purpose.
Answer
One potential civil remedy that could be ordered in this case is an 'injunction.' An injunction is a court order that requires a party to do, or refrain from doing, specific actions. For example, if George and Sarah are facing a delay in project completion due to the property developer's actions, the Supreme Court might issue an injunction to compel the developer to fulfill their contractual obligations or to halt actions that are causing harm. This remedy aims to prevent further harm and ensure compliance with legal obligations, thereby protecting the interests of the aggrieved parties.