U3 - AOS2B - impacts of costs and time delays Flashcards
(6 cards)
costs associated with civil disoute
barrister fees = between 3-5k for a full day in court
solicitor fees
expert witness fees
jury fees = 1611 for first day then 301 each subsequent day.
how are costs metigated
VLA is avalable for migration matters, centrelink and if the indiv has a cognitive disability
VCAT fees are tiered based on indiv belived ability to pay
in VCAT only applicant has to pay not respndent.
causes of delays in the civil justice system
court backlogs
VCAT delays
time taken to prep case
time for trial procedures.
strengths of delays
dispute res bodies like VCAT allow for disputes to be heard in a timley manner (fairness)
orders and directions given by a dispute res body are the same for both parties (equality)
the range of available dispute res bodies allows for engagement (acess)
weaknesses of delays
delays can compromise the accuracy of witness recounts (fairness)
use of case managment powers can differ between judges (inequalirt)
delays may inc costs for plaintiif thus discouragin them from enaging in the civil legal system (acess)