impact of costs and time on the ability of the civil justice system to achieve the principles of justice during a civil dispute

Question 1

.Costs and how they impact the POJ

Answer 1

*Costs of legal representation through barristers and Solicitors
*Disbursement costs
*Potential adverse costs
*Inaccessibility of Legal aid
*Increase in self represented party

Question 2

Time and how it impact the POJ

Answer 2

*Backlogs
*Pre trial procedures
*Evidence gathering and preparation

Question 3

Measures to address costs

Answer 3

*Assistance to self represented parties (Fairness)
*Range of dispute resolution methods available, including mediation before trial (Access)
*Use of VCAT and CAV (ACESS)
*Use of case management (Fairness)
*Some pro Bono assistance (Fairness and access)

Question 4

Measures to address Time

Answer 4

*Use of case management powers (fairness)
*Dedicated programs to address backlog (Access)
*Dealing with matters ‘on the papers’ (Fairness)
*Use of online hearings and mediation (Access)