AUSTRALIA Law and Practice Contributed by: Amanda Banton, Elliott Smith, Melissa Morgan and Paul Smith, Banton Group
6.7 Consequences of a Respondent’s Non-compliance Non-compliance with injunctions can lead to contempt charges, fines, sequestration, or imprisonment, with proof beyond reasonable doubt required.
7.5 Expert Testimony Expert witnesses provide reports and testify at trials. Experts may confer before trials to reach agreement and submit joint reports. Courts can appoint referees for complex technical matters. 7.6 Extent to Which Hearings Are Open to the Public Public access to court documents and tran- scripts varies by court, often requiring applica- tion and fees. 7.7 Level of Intervention by a Judge Judges in Australia play a non-interventionist role, focusing on ensuring fair trials and clarifying legal arguments. Judgment may be immediate or reserved. 7.8 General Timeframes for Proceedings Trial duration varies by case complexity and evidence volume. Civil proceedings are formal and lengthy, with urgent matters expedited by courts. Settlements usually do not require court approv- al, except in class actions. Parties provide draft orders to dismiss settled cases. Unilateral set- tlements can be filed without defendant consent. 8.2 Settlement of Lawsuits and Confidentiality Settlement terms can remain confidential if par- ties agree, though dismissed case records are public. 8. Settlement 8.1 Court Approval
7. Trials and Hearings 7.1 Trial Proceedings
Civil trials in Australia involve oral arguments, supplemented by written submissions. Plain- tiffs begin with opening statements, followed by evidence presentation and witness cross- examination by defendants. Defendants then present their case, followed by closing submis- sions. Defendants may also submit a “no case submission” if plaintiffs fail to establish a prima facie, case. 7.2 Case Management Hearings Before trials, case management hearings set timetables and address interlocutory disputes, often through written affidavits. Cross-examina- tion of witnesses is rare. 7.3 Jury Trials in Civil Cases Jury trials are rare but available for some civil cases, like defamation. South Australia and the Australian Capital Territory have abolished civil jury trials. 7.4 Rules That Govern Admission of Evidence Evidence is admissible if it could affect the prob- ability assessment of a fact in issue. Hearsay evidence is generally excluded, though excep- tions exist. Privileged and opinion evidence are also inadmissible, with expert opinion evidence being an exception.
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