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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 which a court orders a party to either do or refrain from doing a specific act. In civil proceedings, it serves as a means to enforce rights when monetary damages would be insufficient to resolve the harm. Injunctions can be mandatory (requiring action) or prohibitory (restricting action).
Step 2
Identify one other court that could adjudicate this dispute. Justify your answer.
Answer
County Court. The plaintiff's claim for damages of $1 million falls within the jurisdiction of the County Court, which has unlimited jurisdiction to hear civil claims of any amount. Therefore, this court could hear and decide on the dispute effectively.
Step 3
Explain one purpose of discovery.
Answer
One purpose of discovery is to promote transparency between parties by disclosing relevant information before trial. This process allows each party to understand the evidence and arguments of the other side, which can lead to a more efficient trial or possible settlement. It helps to prevent 'trial by ambush' and ensures that both sides are adequately prepared.