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A plaintiff is seeking an injunction and damages of $1 million in the Supreme Court of Victoria - VCE - SSCE Legal Studies - Question 1 - 2015 - Paper 1
Question 1
A plaintiff is seeking an injunction and damages of $1 million in the Supreme Court of Victoria. The defendant has been told by their lawyer that they will need to p... show full transcript
Worked Solution & Example Answer:A plaintiff is seeking an injunction and damages of $1 million in the Supreme Court of Victoria - VCE - SSCE Legal Studies - Question 1 - 2015 - Paper 1
Step 1
Define the term ‘injunction’
Answer
An injunction is a legal remedy in civil proceedings that either compels a party to do something (mandatory injunction) or restrains a party from doing something (restrictive injunction). It is primarily used to prevent harm or maintain the status quo until the final resolution of the case.
Step 2
Identify one other court that could adjudicate this dispute. Justify your answer.
Answer
One other court that could adjudicate this dispute is the County Court. The plaintiff is seeking damages of $1 million, which falls within the jurisdiction of the County Court, as it has the authority to hear civil claims of any amount. This court is suitable as it can handle such disputes efficiently which may streamline the judicial process.
Step 3
Explain one purpose of discovery.
Answer
One purpose of discovery is to promote transparency and fairness in the litigation process. It allows both parties to obtain relevant information and evidence from one another, ensuring that there are no surprises during trial. This process helps to clarify issues in dispute and facilitates a resolution, whether through settlement or trial.