Principles of Justice

Question 1

What does fairness mean

Answer 1

Fairness means all people can participate in the legal system and its processes are impartial and open

Question 2

What does impartial processes mean

Answer 2

Impartial processes means courts and court personnel must not be biased towards or against either party and the case must be decided on facts and law

Question 3

What are open processes

Answer 3

Open processes refers to trials and hearings being made open to the public as well as the court’s judgement.

Question 4

What is participation

Answer 4

Participation means the plaintiff, defendant and other members in the civil justice system can engage in the case and the processes of the civil justice system.
Examples
- Both parties sharing their case
- Both parties knowing the case put against them
- Use of an interpreter
- No delays

Question 5

What does equality mean

Answer 5

Equality means all people are treated the same but if that equal treatment creates disadvantage or disparity then adequate measures should be put in place to allow everyone to engage in the justice system without disadvantage and disparity.

Question 6

What are examples of adequate measures to ensure equal treatment

Answer 6

• Assistance to self-represented party
• Interpreters
• Providing information in a different way –> Providing people information in their own language
• Changes to court or tribunal processes –> Using zoom for people overseas or in a remote area
• Different form of giving evidence

Question 7

What does access mean

Answer 7

Access means all people should be able to engage with the justice system and its processes on an informed basis

Question 8

What does engaging in the justice system refer to

Answer 8

Engaging in the justice system means being able to participate in the processes of the civil justice system.
Examples:
- Providing a range of dispute resolution methods
- Physical access to courts, tribunals & legal services
- Technological access to hearings & legal services
- Financial access –> being able to engage even if you do not have the financial means to do so
- No delays

Question 9

What is it meant by informed basis

Answer 9

informed basis refers to people being able to receive information and use procedures, methods and institutions in a civil dispute. –> Courts, tribunals and institutions that provide people with legal services, information and education