Case Appraisal in QLD Civil Disputes
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Questions and Answers

What is one of the primary features of a case appraisal?

  • Decision is made by a jury
  • Private and behind closed doors (correct)
  • Witnesses are called to testify
  • Publicly open process

Case appraisal is generally recommended for complex disputes with multiple witnesses.

False (B)

What is the purpose of FCFCOA judicial settlement conferences?

To finalize matters by challenging and evaluating the expectations of parties prior to a trial.

When can a matter be referred to case appraisal?

<p>Even after a mediation attempt (C)</p> Signup and view all the answers

A case appraiser's decision is binding on all parties involved.

<p>False (B)</p> Signup and view all the answers

Who has full control over the case appraisal process?

<p>The case appraiser</p> Signup and view all the answers

The UCPRs set out the process for referring a matter to a case appraiser and a court order refers the matter to case appraisal and either appoints a specific case appraiser or provides for the parties to select an ________.

<p>expert</p> Signup and view all the answers

Match the following aspects of case appraisal with their description:

<p>Referral to case appraisal = Can be at any stage, including after mediation Case appraiser's authority = The same as the court, except they can't punish for contempt Case appraiser's decision = Non-binding unless all parties consent Costs of case appraisal = To be agreed by parties or determined by the court</p> Signup and view all the answers

What can a case appraiser NOT do?

<p>Punish for contempt (C)</p> Signup and view all the answers

A person can be compelled to answer a question in a case appraisal that they would not be required to answer before a court.

<p>False (B)</p> Signup and view all the answers

Does a case appraiser need to give reasons for their decision?

<p>No</p> Signup and view all the answers

What must a case appraiser do with their decision?

<p>Place it in a sealed container marked 'not to be opened without an order of the court' (C)</p> Signup and view all the answers

Trial remains an option for parties who are not satisfied with the case appraiser's decision.

<p>True (A)</p> Signup and view all the answers

What is the main purpose of a convenor in the Land Court?

<p>To oversee alternative dispute resolution with expertise in legal, valuation, and planning matters.</p> Signup and view all the answers

The decision of a case appraiser becomes enforceable if the parties apply for an order to give effect to the _______.

<p>decision</p> Signup and view all the answers

Match the following terms with their correct definitions:

<p>Case Appraisal = A review model leading to decisions that can be enforced upon application Alternative Dispute Resolution (ADR) = Methods employed to resolve disputes without going to trial National Sports Tribunal = A venue providing non-binding opinions to assist parties in negotiation Land Court = A court specifically addressing land access issues and compensation</p> Signup and view all the answers

What type of opinion does the National Sports Tribunal provide?

<p>Non-binding oral opinions (A)</p> Signup and view all the answers

A case appraiser's decision can be openly discussed and disclosed without restrictions.

<p>False (B)</p> Signup and view all the answers

Why might case appraisal be preferred over a trial?

<p>It often requires less time and legal costs, and provides a potentially less adversarial resolution.</p> Signup and view all the answers

Flashcards

Case Appraisal

A third-party expert provides a non-binding opinion on the likely outcome of a legal dispute after settlement, offering an alternative to a formal court decision.

Appointing a Case Appraiser

The court refers the matter to a designated expert or allows the parties to choose one.

Specific Referral Order

The court order clearly defines the dispute, the relevant documents, and the timeframe for the appraisal. Parties cannot introduce new arguments.

Case Appraisal After Mediation

Case appraisal can be considered even if mediation has been attempted. This process helps evaluate the potential success of further litigation, potentially guiding parties to make more informed decisions.

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Case Appraiser's Powers

The case appraiser has broad authority to conduct the appraisal process, including seeking information from anyone involved.

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Limited Decision-Making Power

The case appraiser can only issue decisions that the court could make in the case. This allows for an independent evaluation of the case without exceeding the court's authority.

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Written Decision and Lack of Reasons

The case appraiser's decision is written and provided to the court. It can be accepted or rejected by the parties, but reasons for the decision are not always provided.

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Appearance Rights in Case Appraisal

Parties participating in case appraisal have the same rights to present their arguments and evidence as they would before the court.

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Sealed Container

A sealed container holding the case appraiser's decision, only to be opened by a court order. This ensures the decision's integrity and impartiality.

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Implied Acceptance

If parties don't object to the case appraiser's decision, they are considered to accept it. However, they still need a formal court order to enforce the decision.

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Case Appraiser's Cost Orders

The case appraiser has the authority to make cost orders similar to a court. This ensures fairness in financial aspects of the dispute.

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Option for Trial

Parties who are unhappy with the case appraiser's decision can still opt for a full trial, but risk bearing the costs if the judge's decision is less favorable than the appraiser's.

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When is case appraisal preferable?

Case appraisal is a valuable alternative to a full trial when technical expertise and strong evidence are essential for resolving a dispute. This is particularly helpful in areas like land access or sports disputes.

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Land Court Case Appraisal

The Land Court uses case appraisal for specific situations like compensation or land access agreements. This ensures specialized knowledge is applied to these matters.

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National Sports Tribunal Case Appraisal

The National Sports Tribunal provides a non-binding oral opinion, helping parties negotiate an agreement. They can also offer written decisions, but these are not legally binding.

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Case Appraisal Process

A key aspect of Case Appraisal is the ability of the parties to choose a third-party expert, who then controls the process.

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Alternative to trial

Case Appraisal can be a cost-effective way to test the waters before going to trial, potentially saving time and money.

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Limited Evidence in Case Appraisal

Unlike a trial, which requires witnesses and evidence, Case Appraisal focuses on evaluating the strength of the case based on documents and legal arguments.

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Non-binding decisions

The decisions made by the case appraiser are not binding, they can be accepted or rejected by the parties involved.

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Study Notes

Case Appraisal

  • Available in all QLD civil disputes after a matter is settled
  • Involves a neutral third party making a non-binding decision
  • Binding only if all parties consent
  • Not consensual but parties can opt in
  • Court order refers the matter to appraisal
  • Specific appraiser or parties select
  • Details of the dispute, pleadings, and evidence provided
  • Timeline for appraisal, cost estimates, and payment methods specified
  • Can be used even after mediation
  • Introduces private judging, potential additional costs, and consideration of costs is important

Case Appraiser's Role

  • Has full control over the process
  • Can obtain information from anyone (related costs must be agreed or via court order)
  • Has the same authority as the court (but cannot punish for contempt)
  • Power to make cost orders equivalent to the court
  • Parties have similar court appearance rights

Case Appraiser Authorities

  • Has the power of the court in case of non-compliance
  • No additional power beyond court jurisdiction
  • Cannot punish for contempt
  • Summary decision is provided to the court without reasons
  • Can cease the process anytime

Decision Enforcement

  • Decision is enforceable if parties apply for an order
  • Court can make any appropriate order
  • Parties are deemed to accept if no objection is raised
  • Parties can still seek a trial if the decision is unacceptable

When Case Appraisal Is Preferable

  • Could be cheaper and faster than trial
  • More private than a trial
  • May be beneficial for less complex disputes without significant evidence or witnesses

National Sports Tribunal

  • Non-binding oral opinion based on evidence
  • Allows parties to negotiate a consensual agreement
  • Facilitates an agreement
  • No witnesses allowed
  • Suitable for less complicated issues, without significant evidence

Judicial Settlement Conferences

  • Convened by a judge or judicial officer (not the trial judge)
  • Aims to finalize the matter before trial
  • Evaluates parties' expectations
  • Provides opportunities for exposure to court room and judge
  • No evidence is admissible in court (except under specific circumstances)
  • Judge destroys or returns documents
  • Potential separate conversations and evaluations of evidence, case strengths, and weaknesses
  • Allows for potential consent orders if agreement is reached

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Related Documents

Case Appraisal QLD Courts PDF

Description

This quiz covers the process of case appraisal available in Queensland civil disputes. It discusses the role and authorities of case appraisers, the conditions under which their decisions are binding, and the implications for costs and compliance. Gain insights into this alternative dispute resolution method and its operational framework.

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