3.2.10 Factors affecting principles of justice Flashcards
(14 cards)
Types of legal costs incurred during a civil dispute
Barristers’ fees
Solicitors’ fees
Expert
witness fees
Court fees -when commencing and progression a proceeding
Fees for filing
court documents
Use of a jury
Appeals
How do costs in the civil justice system promote fairness?
Courts can issue adverse cost orders, allowing the successful party to recover legal costs, helping ensure a just outcome.
Case management powers allow judges to direct parties to mediation, reducing the overall cost and promoting a fair, efficient resolution.
Less costly venues like VCAT may not require legal representation, allowing both parties to present their case fairly.
How do costs in the civil justice system limit fairness?
High legal costs may pressure plaintiffs to accept unfair settlements instead of pursuing full legal remedies.
Defendants may settle unjustly simply to avoid costly litigation.
Self-represented parties, due to cost barriers, may present weaker cases and face unfair disadvantages in legal proceedings.
How do costs in the civil justice system promote equality?
Courts and VCAT use a three-tiered fee system (corporate, standard, concession), ensuring individuals are not disadvantaged by financial status.
Eligible individuals can receive support from Victoria Legal Aid (VLA), reducing inequality in legal representation.
In low-cost forums like VCAT, legal representation isn’t required, placing parties on a more equal footing
How do costs in the civil justice system limit equality?
Not all parties can afford legal representation, creating unequal footing and potential disadvantage.
Quality of legal representation varies greatly based on financial capacity, impacting how well a case is argued.
Self-represented litigants may struggle against experienced lawyers, especially vulnerable or disadvantaged groups.
How do costs in the civil justice system promote access?
Alternative dispute resolution (ADR) options such as mediation are more affordable and informal, improving access.
Judges’ powers to order mediation help resolve cases early, reducing total legal expenses.
Courts and VCAT provide a tiered fee system, improving access for low-income individuals.
How do costs in the civil justice system limit access?
High legal fees may discourage individuals from initiating or defending claims, reducing access to justice.
The cost of appeals, including legal representation, deters many from challenging decisions.
Jury use in civil cases is limited due to high costs, restricting access to community decision-making.
types delays occurring in court
Court backlogs
VCAT delays
Gathering evidence
and preparation
for a trial
Trial procedures
How do delays in the civil justice system support fairness?
Case management powers allow judges to direct procedures that aim for a timely resolution, ensuring a fairer outcome.
Early resolution of cases preserves the credibility of evidence, leading to a more just decision.
Quicker hearings prevent prolonged stress for all parties, which is particularly important for vulnerable litigants.
How do delays in the civil justice system undermine fairness?
Prolonged delays increase the emotional and financial stress on parties, which can be unfair to those waiting for justice.
Delayed hearings may cause the loss of important evidence, which can lead to unjust outcomes.
Extended timelines may prevent parties from achieving a resolution within a reasonable timeframe, which can be seen as unfair.
How do delays in the civil justice system support equality?
Case management powers ensure that both parties are treated equally by applying the same timelines and rules to both sides.
Faster resolution of disputes helps ensure that all parties, regardless of resources, can access a timely decision.
Efficient dispute resolution supports equality by giving all litigants, including self-represented ones, a fair opportunity to present their case.
How do delays in the civil justice system limit equality?
Delays disproportionately affect vulnerable parties, such as those with limited resources, leading to unequal impacts on different groups.
Inefficient case management can create unequal treatment, with some cases being prioritized over others, exacerbating inequalities.
Resources available to large corporations may allow them to withstand delays better than individuals, which creates an unequal playing field.
How do delays in the civil justice system promote access to justice?
Timely resolution through efficient case management can ensure that parties have access to justice without long wait times.
Alternative dispute resolution (ADR) methods like mediation help resolve disputes more quickly and accessibly.
Reduced delays can mean fewer barriers for parties to access legal proceedings and get the remedies they need.
How do delays in the civil justice system hinder access to justice?
Prolonged cases discourage individuals from initiating or continuing their legal actions due to the time and cost involved.
Costs of lengthy disputes can make the system inaccessible to lower-income individuals who cannot afford prolonged litigation.
Access to remedies is delayed, making it difficult for parties to get timely resolutions, which may prevent fair outcomes.
