Legal Unit 3 AOS2- Impact of Costs & Time

Question 1

High costs: Impact

Answer 1

• People may be prevented/discouraged from pursuing civil clams/defences at all (fairness)
• Can lead to party choosing/forced to be self-repped (equality, access)
• Can lead to party settling on less favourable terms than a court/tribunal order would have given them (access, fairness)

Question 2

Costs: Measures Implemented

Answer 2

Funding arrangements like litigation funder
- take % from party
Cooperative dispute resolution methods like mediation
- not open so no fairness
Dispute resolution bodies like VCAT
- fairness + jurisdiction
Legal aid
- small amount of civil matters eligible
Class actions
- gm aren’t active participants
Adverse costs order
- access, fairness

Question 3

Time Background

Answer 3

Delays occur mostly due to covid over the past 5 years
- E.g. VCAT RL list went from hearing held 2-4 weeks from being initiated, to 22 weeks in 2021-2022

Question 4

Time: Potential Impact of Delays

Answer 4

Caused by backlogs, pre-trial procedures, & evidence gathering, & preparation
- People may be prevented/discouraged from pursuing civil clams/defences at all
- Can lead to party choosing/forced to be self-repped
- Can lead to party settling on less favourable terms than a court/tribunal order would have given them

Question 5

Time: Measures Implemented

Answer 5

• Judge’s case management powers e.g. setting time limits for discovery
• VCAT making backlog recovery programs to deal with delays in residential tenancies list