The impact of costs on the POJs

Question 1

How do costs uphold fairness

Answer 1

Courts and assisting bodies (CAV and VCAT) offer appropriate dispute resolution options provision of interpreters and duty lawyers at all courts, ensuring all individuals have access to dispute resolution bodies.

Question 2

How do costs uphold equality

Answer 2

–> CAV, VCAT, VLA and the courts address the needs of most vulnerable groups in society. This ensures they have equal treatment via improved funding.

–> All parties to a civil dispute can have a legal practitioner to advocate for them, whether or not they can afford this can prevent equality.

Question 3

How do costs not uphold fairness

Answer 3

–> High Costs mean that individuals appear in civil matters as self-represented clients. The individual’s lack of professional skill reduces their ability to present their case in the best manner and respond effectively to represented parties.

–> If people do not have access to money to pay for legal costs, they may be forced to settle or withdraw their claim, or self-represent, which can lead to unfair outcomes because they may be unable to participate.

–> Despite court’s ensuring a fair trial and judges assisting self-represented parties to help ensure fairness, self-represented litigants may still struggle to understand legal issues or procedures and the judge or magistrate must remain impartial.

Question 3

How do costs uphold access

Answer 3

Costs associated with accessing legal advice and dispute resolution options means that only those claims that seriously impact an individual’s rights are initiated and this ensures legal resources are used effectively.

Question 4

How do costs not uphold equality

Answer 4

–> Legal aid is generally limited in civil claims

–> High costs mean the most vulnerable groups in society, including Indigenous and Torres Strait Islander people, may be unable to assert their legal and human rights.

Question 5

How do costs not uphold access

Answer 5

–> Self-represented parties or parties with less skilled legal representation can often have an unequal footing in court, particularly given the skills necessary to argue the case in front of a judge (and jury if there is one).

–> The cost of legal practitioners may be so prohibitive that a party may be forced to be self-represented. Limiting their ability to access the civil justice system on an informed basis if they do not have someone with expertise advising them.

–> An aggrieved party may choose not to pursue a legitimate claim because of the costs associated with doing so.