U3 AO2 2b lesson 5 delays + cost of court

Question 1

cost

Answer 1

The costs associated with civil disputes include costs of legal representation, and disbursements such as expenses associated with engaging expert witnesses, filing and hearing fees, and jury fees

Question 2

example of cost: Barrister fees

Answer 2

Cases that must go to trial will often require a barrister to present legal arguments and examine witnesses. Depending on the level of experience of a barrister, the costs of a full day in court can range from $3,000 to $5,000 (Lawyers and Legal Services Australia, 2016).

Question 3

example of cost: Expert witness fees

Answer 3

If expert witnesses are to be called to give evidence, they will often charge fees.

Examples of expert witnesses include doctors, psychiatrists, and other professionals with expertise in a particular subject area.

Question 4

example of cost: Jury fees

Answer 4

As of 2023, the fee for conducting a civil trial by jury, including the first day of using the jury, costs $1,611.60 in the Victorian County Court and $301.20 per day for the remaining six days.

If a jury is required for more than six days, the cost of a jury per day increases to almost double the daily cost (County Court of Victoria, 2023).

Question 5

cost mitigated: VLA

Answer 5

VLA is available for financially disadvantaged parties but only to a limited degree. Some areas that they can assist with are:

• Migration matters
• Centrelink payments
• If the individual has a cognitive disability

Question 6

cost mitigated: VCAT

Answer 6

• VCAT fees are tiered with individual and corporate application fees based upon the ability to pay
• That said, individuals may still wish to hire legal representation for final VCAT hearings
• Only the applicant must pay the VCAT fee, the respondent does not unless they have a counterclaim

under $3000 is free

Question 7

cost mitigated: CAV

Answer 7

free for party that initiates the claim

use conciliation as method resolution
–> informal reduce cost eg) legal rep, pre trial procedure, filing fees

Question 8

strength of cost fairness: tiered fees

Answer 8

Court fees and VCAT fees are tiered and the fees individuals must pay are in accordance with distinct categories, including corporate, standard, and concession or healthcare.

Question 9

strength of cost access: judicial power

Answer 9

Judicial powers of case management that allow judges to order parties to attend mediation can reduce legal costs as the matter can be promptly resolved, enabling the civil justice system to remain accessible to more individuals.

Question 10

strength of cost equality: VLA

Answer 10

Parties that are eligible for VLA can acquire legal representation, reducing the likelihood of unequal footing in the courtroom.

Question 11

weakness of cost equality : quality

Answer 11

Even if both parties have legal representation, the quality of legal representation can vary drastically, impacting how the case is presented and whether it is shown in the best light.

Question 12

weakness of cost fairness: legal rep

Answer 12

• If an individual in a civil dispute cannot afford legal representation, they may have to self-represent, which can increase the likelihood of an unfair outcome due to the individual’s lack of objectivity, legal experience, and knowledge.

Question 13

weakness of cost access: settle

Answer 13

• The high costs associated with
  defending a civil claim may encourage some defendants to settle, rather than challenge a claim, limiting access to justice in the courts for defendants.
• The high costs associated with pursuing a civil claim may encourage some plaintiffs to accept a settlement that is unfair, or less than what they may be awarded by a court, limiting their ability to engage with the justice system and access justice.

Question 14

delays

Answer 14

Delays refers to the waiting time that parties in civil matters experience due to a variety of reasons

Question 15

examples of delays: Preparing the case:

Answer 15

It takes time for each party in a civil dispute to gather relevant evidence and prepare arguments for their case. This significantly adds to the time frame it takes for a case to be heard. This often takes weeks or months however; the judge can place a time frame whereby parties need to meet certain deadlines

Question 16

examples of delays: VCAT delays

Answer 16

While VCAT delays are generally less than that of courts, depending on the nature of the issue. Delays can still be extensive:

• For example, in Goods and Services division of VCAT - 9 - 12 weeks for all steps/forms to be completed and finalised by both parties but 44 weeks in total for the matter to be resolved
• In VCAT’s Residential tenancies division - possession for unpaid rent takes on average 4 weeks however, landlords can be expected to wait up to 8 weeks

Question 17

examples of delays: Trial procedures

Answer 17

Court procedures such as the barristers oral arguments and examination of witnesses can be lengthy and a time-consuming process - leading to a delay in the final resolution of the dispute.

Question 18

strength of delays fairness: case management

Answer 18

*Case management powers can reduce the time taken to resolve a dispute, and encourage procedural fairness, by directing parties to abide by certain rules and procedures that support a swift resolution of the case.

Question 19

strength of delays equality : directions

Answer 19

Orders and directions given by a dispute resolution body to reduce delays apply equally to both parties and the directions given attempt to ensure equality is achieved between the parties.

Question 20

strength of delays access : alt disputes

Answer 20

• The use of alternative dispute resolution methods, such as mediation, can promote access as they may result in the prompt + efficient resolution of a case. Overall, this can relieve delays in the civil justice system and provide more people with access to justice.

Question 21

weakness of delays fairness: credibility

Answer 21

• Delays can negatively impact the credibility of evidence, which inadvertently increases the risk of an unfair outcome.

Question 22

weakness of delays equality: vulnerability

Answer 22

• Delays are likely to disproportionately affect parties that are unfamiliar with court proceedings and those in vulnerable circumstances, such as individuals with low socioeconomic status. Larger corporations or businesses may not be impacted to the same extent due to their available resources.

Question 23

weakness of delays access : engagement

Answer 23

The delays in the justice system may discourage a prospective plaintiff from initiating legal action in the first place, limiting access to a remedy.

Question 24

cost examples numbers?

Answer 24

SCTD/SCCOA = $740 fir 1st day