Tuvalu Island Courts Bench Book - Federal Court of Australia

Civil Decision Format
Introduction
What the case is about.
Summary of what is claimed by the plaintiff
The plaintiff’s claim, as set out in the writ of summons.
The law
The common law rules relating to the particular claim. See 6 Contracts and 7.1 Negligence
below.
Your jurisdiction in civil cases. See 2 above.
The facts not in dispute
The facts that are accepted by the defendant.
The facts in dispute
Your finding of the remaining facts, with reasons. Which evidence you prefer and why?
For contract and negligence cases, see the checklists at 6.10 and 7.2 below.
Apply the facts to the law
Apply the facts as you have found them to the relevant rules of law. Do the facts prove all
the matters required to prove the claim?
You must be satisfied on the balance of probabilities, i.e. more likely than not.
Deliver your decision
Structure your decision before delivering it. Make sure you give adequate reasons and that
the parties understand what they must do. Record your decision on the Court record.
Orders
Tuvalu Island Courts Bench Book June 2004