Civil cases are a complex and contentious subject in Australia.
Civil cases can involve many different kinds of cases, from defamation claims, defamation proceedings, personal injury cases, tort claims, personal rights actions, property damage claims, breach of contract claims, property claims, commercial disputes and even property rights claims.
There are also civil law issues such as what constitutes ‘good faith’ and ‘unfairness’.
If a case is about civil law or the right to life and liberty, what is the right of the defendant to be free from criminal prosecution?
This week we take a look at the common civil law claims against people who engage in offensive speech and behaviour.
When the rights and freedoms of others are at stake A civil case can be very complex.
Some people will argue that there are certain rights and privileges that are not subject to the law.
For example, if the rights of a particular person are threatened because of the speech or behaviour, the court will have to decide whether the defendant is entitled to a defence.
If the law of the land allows, there are some common law claims that can be brought against people.
For instance, if a defendant breaches the law, the Court may have to find that the defendant has a reasonable fear of imminent harm to himself or herself or others.
For more information about these matters, please see our article on the civil law.
Civil actions in the workplace There are two types of civil actions in Australia: criminal and civil actions.
A criminal action involves the taking of an action in the criminal law, and the defence is that the actions were legal.
For some people this is their first time going to court and it’s important that they do not get stuck in a cycle of losing and winning.
The civil law also applies to a civil action, but this does not involve the taking or the defence of the actions.
There may be some limitations on how the civil rights of the plaintiff can be taken into account, including in the case of a non-criminal offence.
If a plaintiff is found to have engaged in an offensive behaviour, there may be a civil penalty to be paid.
This may include: a fine,