Factors to Consider Before Initiating a Civil Claim (VCE SSCE Legal Studies): Flashcards

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Factors to consider before initiating a civil claim
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3 key factors before initiating civil claim

Costs, limitation of actions, enforcement issues

Disbursements

Out-of-pocket expenses/fees other than legal fees

Adverse costs order

Court order requiring one party to pay other's legal costs

General rule on costs in civil disputes

Successful party should have costs paid by losing party

Limitation of actions

Time restrictions on when civil action can be commenced

Time barred

Prevented from seeking remedy after limitation period expires

Limitation period for defamation claims in Vic

1 year

Limitation period for breach of contract in Vic

6 years

2015 Victoria reform for child abuse survivors

Removed limitation periods for physical/sexual abuse as minor

Vicarious liability

Employer liable for employee's actions during employment

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