costs and time

Question 1

define litigant

Answer 1

a person who takes a matter to court to have it resolved

Question 2

define legal aid

Answer 2

legal advice, education or information about the law and the provision of legal services (including legal assistance and representation)

Question 3

costs and time

Answer 3

• The costs and time involved in taking a case to court can impact the principles of justice: fairness, equality, and access.
• These factors also limit the law-making ability of the courts.
• Courts can only make law when a case is brought before them, which depends on litigants being aware of and able to afford legal action.
• Since precedents are often set by appeal courts, litigants need to be determined to pursue the costly and time-consuming appeals process.

Question 4

Costs of taking a case to court

Answer 4

• Taking a case to court can be costly and may deter those litigants who cannot afford these costs and
  who do not qualify for legal aid from pursuing their case and any subsequent appeals. - two of the main costs involved in taking a case to court are the cost of legal
  representation and court fees.

Question 5

The cost of legal representation

Answer 5

• Engaging legal representation is crucial for a party to have the best chance of winning a case.
• Lawyers and barristers conduct research, analyze evidence, interview and prepare witnesses, and present arguments in accordance with legal rules.
• Unrepresented parties are at a disadvantage due to the complexity of legal preparation and presentation.
• The high cost of legal representation can deter people from pursuing civil issues, where precedents can be established or changed.
• However, the costs can also prevent frivolous or trivial claims from being pursued in court.

Question 6

Court fees

Answer 6

• Lodging a civil case incurs several costs, including filing fees, hearing fees, and jury costs.
• As of 1 July 2023, the standard application fee for leave to appeal to the Victorian Supreme Court of Appeal is $2423.20.
• Hearing fees for the Victorian Supreme Court of Appeal are $896.80 per day or part day after the first day.
• Requesting a jury in the Supreme Court costs $1636.00 for the first day, $303.60 per day for days two to six, and $543.60 per day from day seven onwards.
• These fees increase annually.

Question 7

Time involved in bringing a case to court

Answer 7

• Courts can make law relatively quickly once a dispute is brought before them.
• Once a case reaches a superior court, the matter progresses until a decision is made, resolving the dispute.
• Judges do not follow lengthy legislative procedures like drafting and passing bills through parliament.
• Judges can make decisions to create law more swiftly compared to the legislative process.
• However, judges in appeal courts may take months to resolve more complex cases.

Question 8

Costs factors
explanation points

Answer 8

• The costs involved in bringing a case to court include costs of legal representation and filing and hearing fees.
• The courts are able to manage disputes to narrow the issues in dispute, possibly saving the parties costs and allowing them to proceed all the way to trial for a final determination.
• The high costs may mean that only meritorious and legitimate claims are pursued all the way to appeal courts.

Question 9

Costs factors discussion points

Answer 9

• High costs can deter litigants who cannot afford them and do not qualify for legal aid from pursuing their case and their rights in court.
• High costs can discourage parties from pursuing the appeals process.
• The prohibitive nature of costs may prevent old or “bad” precedents from being challenged or reviewed in court.

Question 10

Time factors explanation points

Answer 10

• Courts can make law relatively quickly once a dispute has been brought before them and cases must continue until a decision has been made to resolve the dispute.
• Courts are not required to follow lengthy processes like those involved in the process of developing, drafting and passing a bill through parliament when deciding cases.

Question 11

Time factors discussion points

Answer 11

• Some courts, particularly appeal courts where most precedents are established, can take months to hear and determine more complex cases.
• Parties can be delayed in getting a case ready for trial.