• Internal Code :
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  • Subject Name : Law

Victorian and Federal Court Hierarchy

  1. Illustrate a diagram of the system of government in Australia. Discuss the separation of powers in the Constitution and why it is important. (Diagram)

Answer:

  • Judiciary
  • Parliament
  • Executive Government

The diagram outlines the separation of power in the Australian system of government. The Parliament is stated by a symbol of Australian Parliament House and can make and change the law. The Executive body is stated by the gathering of individuals and can place law into the activity. The Judiciary body is stated by the symbol of scale and can make a judgment on laws. The detachment of forces or separation of power significantly helps in prevention of dictatorship. Without partition of forces, power will be moved in the possession of one man or substance.

  1. Diagrammatically illustrate the Victorian and Federal court hierarchy. Clearly distinguish between the Victorian court system and the Federal court system.
  1. Plaintiffs in torts matters generally seek damages. What types of damages may a client seek when making a claim against a conveyancer or estate agent for negligent misstatement?

Answer:

The plaintiff in torts matters looks for the damages, the damages are done in broad and extreme, the penetrating party might be requested to pay cash to help reestablish the injured party to where they were before the breach of any duty or liability. These money related instalments are regularly alluded to in the lawful framework as damages. For careless error or misrepresentation, the inquirer may look for recission and damages, this is notwithstanding any breach of agreement and contract damages. A case for distortion has similitudes to, yet can be recognized from, claims for breach of agreement, mistake, careless error and misdirection.

  1. Provide an example of a civil law matter relevant to conveyancing and explain the general procedure for a civil proceeding. 100-120 words

Answer:

Civil law manages contest between private parties where a remedy or help might be granted to the plaintiff to perceive that the defendant's unfair activities brought about misfortune or damage to the plaintiff. A plaintiff is an individual or association who is contesting the cases made by the defendant. Example of a civil law matter relevant to conveyancing can be lease/tenancy dispute. The general procedure for a civil proceeding is:

  • Case Management
  • Direction Hearing
  • Disclosure and Discovery
  • Settlement
  • Summary Judgement
  • Mode of Trial: Judge or Jury
  • Empanelling a jury
  • The Trial- Opening Addresses Plaintiff and Defendant Cases and Closing Addresses
  • Deliberations and Decision
  1. What happens in the circumstance where Federal law conflicts with state law? Refer to Section 109 of the Australian Constitution. 100-120 words

Answer:

Section 109 of the Australian Constitution says that when a federal law is conflicting or clashes with state law, the Commonwealth law will win and prevail, and the state law will be invalid. In any case, the clashing state law might be invalid to the degree of the irregularity. This implies for instance, that on the off chance that one arrangement of state law is conflicting, the remainder of the demonstration will at present be substantial, and is the clashing Commonwealth law is revoked, the state law will indeed initiate activity. State and Commonwealth arrangements for a specific territory of the law can now and again exist together, supplementing each other. In the case of Momcilovic v. the Queen (2011), the High Court was approached to choose whether a Victorian law clashed with a Commonwealth one.

  1. List 3 ways in which terms can be implied into a contract if they are not written directly into the contract in black and white. 100-120 words

Answer:

Three ways in which terms can be implied into a contract are:

  • In fact:

A court may remember these sorts of terms for an agreement to guarantee the archive mirrors the gatherings real expectation. Regularly, they are terms that an individual need not consider explicitly remembering for the agreement since they simply abandon saying.

  • By law:

Parties can consequently expect that terms inferred by law structure some portion of explicit classifications of agreements on account of enactment or past court's choice.

  • By custom:

Parties can infer a term into an agreement if different agreements in a similar market, exchange or setting can be sensibly ventured to have them. Thus, terms that might be suggested by custom are taken to be standard practice or convention.

  1. Define the terms ‘conditions’ and ‘warranties’ in contracts of sale. 100-120 words

Answer:

Conditions and Warranties, a condition is a term of the understanding that goes to the establishment of the understanding. In a proposal of items contract, this may join a stipulation that communicates that time is of the exemplification, it is a condition of the understanding that the product must be passed on by a specific time. A warrantee is a term of the understanding which is less significant than a condition and which is regularly formed as an attestation or an assurance. In a proposal of the understanding there might be an essential to have staff arranged at a specific level, at whatever point infiltrated it would not prevent the violated party from claiming the whole of the benefit of the understanding.

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