Cost and Time Impacts

Question 1

Examples of costs within the system

Answer 1

• CAV = free
• Mediation = ranges (lowest = $1100 + highest = $2400)
• Conciliation = $465 per day for family matters
• Magistrate’s Court hearing prices = $637
• Barristers = range ($3000 - $5000)
• Solicitors = drafting documents, researching law and preparing evidence
• Expert witnesses = often doctors or psychiatrists and will charge a fee
• Jury fees = $1600 for first day and around $300 for the next six days, after which it doubles

Question 2

Positives of costs and the principles of justice

Answer 2

• Fairness
  
  • Tiered fees enables those with less income to participate in the Human Rights Division is free
  • CAV is free, which allows for anyone to participate, and also ensures impartiality by utilising an independent conciliator
  • VCAT fees are open and transparent
• Equality
  
  • Tiered VCAT fees ensure that lower costs exist for non-corporations, promoting substantive equality
  • Not all forms of dispute resolution require legal representation, ensuring substantive equality
• Access
  
  • VLA is able to ensure engagement for those with migration Centrelink and cognitive disability issues
  • CLCs provide info and some advice to vulnerable persons, ensuring informed basis
  • VCAT costs or prices are published on the website, ensuring informed basis

Question 3

Negatives of costs and the principles of justice

Answer 3

• Fairness
• High costs of court and the complexity of the processes make it difficult to participate (e.g. cannot write a writ or engage in discovery appropriately)
• Could prompt settlement instead of judge resolution if costs are too high, meaning that the resolution is not overseen by an impartial adjudicator
• Equality
  
  • If a party is unable to participate due to the high costs or a plaintiff has to drop a case, they don’t have equal opportunity to resolve it
  • A difference in the quality of legal representation can mean that formal equality is not achieved as the cases are unlikely to be presented to the same standard
• Access
  
  • An inability to pay for legal representation means the individuals are unlikely to be informed or engage as they cannot receive personal advice, or have their case presented properly
  • Strict VLA criteria mean that other vulnerable people may not be able to engage

Question 4

Examples of delays within the system

Answer 4

• Caught backlogs from Covid 19 are caused due to an increasing caseload the system cannot resource
• The VCAT delays are generally less than that of courts, but can still have significant delays, such as nine to three months for all steps and forms to be completed and finalised in the Civil Division
• It takes time for each party in a civil dispute to gather relevant evidence and prepare arguments for their case, which significantly adds to the time frame it takes for a case to be heard
• Trial procedures such as the legal practitioners’ oral arguments and examination of witnesses can be a lengthy and time consuming process

Question 5

Positives of delays and the principles of justice

Answer 5

• Fairness
  
  • VCAT’s lower waiting times can improve the ability to participate and also uphold impartiality as the evidence is fresher and therefore unbiased
  • Case management powers can limit the periods that are given on discovery or examination of witnesses, improving participation
• Equality
  
  • Any order through case management applies equally to each party
• Access
  
  • There is a very wide range of dispute resolution bodies available, each of which are likely to have smaller wait times, ensuring justice is able to be engaged with quickly
  • The use of alternate dispute resolution methods such as mediation can result in the prompt resolution of a case even before it is taken to trial, ensuring engagement

Question 6

Negatives of delays and the principles of justice

Answer 6

• Fairness
• There are still significant delays existing, such as three months for a good and service dispute in VCAT to be fully prepared, preventing participation
• A significant length of time can decrease the credibility of evidence, as well as biasing it more reducing impartiality
• Equality
  
  • Delays can impact those with more vulnerable situations (e.g. lower socioeconomic status with less education or no representation) more significantly, preventing formal equality
• Access
  
  • The delays in the system may discourage a plaintiff from initiating a legal action in the first place, limiting engagement and achievement of a remedy
  • Parties may be forced to withdraw or settle their case due to limited financial resources that are stressed due to the delays reducing engagement