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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

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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’

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Answer

An injunction is a legal remedy in civil law that requires a party to do or refrain from doing a specific act. It can be classified as either a mandatory injunction, which compels a party to act, or a prohibitory injunction, which restrains a party from certain actions.

Step 2

Identify one other court that could adjudicate this dispute. Justify your answer.

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Answer

County Court – The County Court has unlimited jurisdiction and could adjudicate this dispute as the plaintiff is seeking damages of $1 million, which falls within the court's jurisdiction.

Step 3

Explain one purpose of discovery.

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Answer

One purpose of discovery is to allow parties to gather information and evidence from each other before trial. This procedure ensures both parties are aware of the facts and evidence, which helps to eliminate surprises and promote a fair trial process.

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