Unit 2: Balance of probabilities

5 dot points, in syllabus order. Each dot point has a focused answer, with exam-style questions and worked answers where available.

How are civil disputes resolved in Queensland without going to court?

alternative dispute resolution methods available in Queensland (mediation, conciliation, arbitration) and the role of tribunals (QCAT) and courts

ADR in Queensland. Covers mediation, conciliation, arbitration, the Queensland Civil and Administrative Tribunal (QCAT), and the Queensland court hierarchy for civil claims.

4 min read →

What standard and burden of proof apply in a civil claim?

the standard of proof (balance of probabilities) and burden of proof in civil law

Standard and burden of proof in civil claims. Compares civil and criminal standards, explains the Briginshaw principle, and covers reverse onus and presumptions in particular causes of action.

4 min read →

How does the tort of negligence work in Queensland?

the tort of negligence, including duty of care, breach, and causation

Tort of negligence. Covers duty of care (Donoghue v Stevenson), breach (Civil Liability Act 2003 (Qld)), causation, and the reforms following the 2002 Ipp Report.

5 min read →

What makes an agreement a legally binding contract in Australia?

the essential elements of a valid contract, including offer, acceptance, consideration, intention and capacity

Formation of a contract. Covers the essential elements (offer, acceptance, consideration, intention and capacity), the distinction between an offer and an invitation to treat, and how a contract can be discharged or breached.

5 min read →

What remedies can a court award to a successful plaintiff in a civil claim?

the remedies available in civil law, including damages and equitable remedies such as injunctions and specific performance

Civil remedies. Covers the purpose of remedies, the types of damages (compensatory, nominal, aggravated and exemplary), equitable remedies (injunctions, specific performance, rescission), and how damages are limited in Queensland personal injury claims.

5 min read →