a legal wrong that's not a criminal offence.
Balance of probabilites
criminal law aims to protect civilians from perpetrators' crimes, and civil law is a dispute between parties.
Negligence, Battery, Assault, False Imprisonment, Defamation, Nuisance
Occurs when one party fails to owe another party duty of care and fails to take reasonable care to avoid causing foreseeable damage.
A direct interference with private property.
Assault, battery, and false imprisonment
When a person communicates threats it creates the plaintiff's mind an opprehension of harmful contact.
1. Reasonable opprehension
2. Plaintiff believes they're in imminent danger
When defendant actually brings out harmful contact
1. Action caused physical contact with plaintiff
2. Reckless / Intentional
deliberate confinement of another person without the authority to do so
3. lack of capacity to form intent
1. No lawful justification
2. No escape route / confined space
3. Plaintiff acknowledging they're in danger
4. Intentional / deliberate
Compensation, injunction, punitive
Unauthorised interference with land that affects occupiers' use of enjoyment
Summary Offences Act 2005
1-year imprisonment or $2200
Legal process for trespass to land
1. Plaintiff files a claim to QCAT and the defendant
2. Outline facts and elements of trespass to land (damages that occurred and proof of ownership)
3. Defendant has 28 days to file a response
4. Both parties argue their case and the adjudicator will bind a decision
5. Parties represent themselves
1. Must possess land
2. No lawful justification
3. Trespasser interfered with the use of land
1. Had lawful justification / consent
2. On land to get back goods
3. trying to stop a nuisance e.g smoke
Interference with another's goods without lawful interference
1. Interfered goods were owned by plaintiff
2. Intentions are irrelevant
3. Direct interference
4. Defendant responsible for interference.
When the defendant refuses to return the chattel to the plaintiff.
When defendant uses chattels that's inconsistent to the owner's rights.
Up to $150,000