200813 Civil Procedure And Arbitration Assessment Answer

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The students pursuing this unit must go through the comprehensive analysis of practical and theoretical issues faced in the Australian civil procedures. Civil procedures encompass cases wherein a plaintiff approaches the court for compensation or orders against a defender. In comparison, arbitration is the process of dispute resolution outside the court. It takes place in a private setting with the help of an arbitrator. In-depth knowledge of laws and ethical issues in the Australian context is mandatory to fulfil the 200813 Civil Procedure and Arbitration.

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Types Of Civil Cases

Civil cases conjure when a plaintiff files a dispute against a person, asking for compensation or order due to the damages caused. The judge then applies appropriate laws following the facts presented in court by both parties. Our experts that provide assignment on 200813 Civil Procedure and Arbitration have explained the types of cases that fall under the civil lawsuits for your understanding-

• Personal injury Tort claims- this case is the most common one among the civil litigation cases. The plaintiff asks for compensation for damage caused due to the actions of the defendant. The dispute might be because of negligence from the defender, strict liability or blatant wrongdoing. Some of these personal injury tort claims include - medical malpractices, animal attacks, car accidents etc.
• Contract disputes- The plaintiff files a case in the civil court when an individual or entity fails to meet their contractual obligations. The plaintiff then demands compensation. Some matters of contract disputes are business agreements violation and non-delivery of paid purchase.
• Equitable claims- The plaintiff party may ask the court to issue orders to an entity or individual to stop or take a specific action/measure. Some of these matters include- plaintiffs seeking temporary restraining or reprieve orders against defenders.
• Class action suits - These cases are complex and lead to heavy compensation. A civil litigation lawyer represents a group of plaintiffs that file for compensation against an organisation for the damages/injuries caused to them.
• Divorce and family law disputes - Legal separations, divorce and custody fall under civil litigation cases. The court rules on child custody, sharing marital assets, and breaking unions.
• Property disputes - Disagreements about property boundaries and ownership fall into this category. The courts may issue orders that restrict the trespassers apart. These Civil litigations are complex and require professional knowledge to proceed with the case.

What Is Arbitration? Explained By Our 200813 Civil Procedure and Arbitration Helpers

Arbitration is a procedure wherein the dispute is resolved with the help of arbitrators outside the court. Both the parties mutually decide to submit their case to an arbitrator/ group of arbitrators for a private dispute resolution procedure. Our experts that provide assignment solutions on Civil Procedure and Arbitration (200813) have listed the characteristics of arbitration -

• Arbitration is consensual - Arbitration only takes place when both the parties mutually decide on it.
• Parties choose the arbitrators - The parties have the right to select an arbitrator. If they want to choose a three-member arbitral tribunal, each party can select their arbitrator, and their chosen two arbitrators can appoint the third arbitrator.
• Arbitration is neutral - Parties can choose the applicable law, venue, and language to be used in arbitration.
• Arbitration is a confidential process- The existence of arbitrations and the disclosures made during it are strictly confidential.
• The decision of the arbitrator tribunal is final and easy to enforce - The conclusion of the arbitral tribunal is final, and both parties must adhere to it.

Characteristics of arbitration is an essential component of the 200813 Civil Procedure and Arbitration unit. Our experts possess in-depth knowledge of the unit to provide you with the best assignment help.

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Topics Covered By Our Experts

Our experts cover all the topics under 200813 Civil Procedure and Arbitration at Western Sydney University -

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