Podcast
Questions and Answers
What is one of the primary features of a case appraisal?
What is one of the primary features of a case appraisal?
Case appraisal is generally recommended for complex disputes with multiple witnesses.
Case appraisal is generally recommended for complex disputes with multiple witnesses.
False
What is the purpose of FCFCOA judicial settlement conferences?
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?
When can a matter be referred to case appraisal?
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A case appraiser's decision is binding on all parties involved.
A case appraiser's decision is binding on all parties involved.
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Who has full control over the case appraisal process?
Who has full control over the case appraisal process?
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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 ________.
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 ________.
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Match the following aspects of case appraisal with their description:
Match the following aspects of case appraisal with their description:
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What can a case appraiser NOT do?
What can a case appraiser NOT do?
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A person can be compelled to answer a question in a case appraisal that they would not be required to answer before a court.
A person can be compelled to answer a question in a case appraisal that they would not be required to answer before a court.
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Does a case appraiser need to give reasons for their decision?
Does a case appraiser need to give reasons for their decision?
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What must a case appraiser do with their decision?
What must a case appraiser do with their decision?
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Trial remains an option for parties who are not satisfied with the case appraiser's decision.
Trial remains an option for parties who are not satisfied with the case appraiser's decision.
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What is the main purpose of a convenor in the Land Court?
What is the main purpose of a convenor in the Land Court?
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The decision of a case appraiser becomes enforceable if the parties apply for an order to give effect to the _______.
The decision of a case appraiser becomes enforceable if the parties apply for an order to give effect to the _______.
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Match the following terms with their correct definitions:
Match the following terms with their correct definitions:
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What type of opinion does the National Sports Tribunal provide?
What type of opinion does the National Sports Tribunal provide?
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A case appraiser's decision can be openly discussed and disclosed without restrictions.
A case appraiser's decision can be openly discussed and disclosed without restrictions.
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Why might case appraisal be preferred over a trial?
Why might case appraisal be preferred over a trial?
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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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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.
