Unit 3 AOS 2 Civil law - 3.2.13 Impacts of Cost and Time

Question 1

Explain the impact of cost

Answer 1

Cost of legal representation and the cost of disbusment expenses (e.g.expert witnesses, filing and hearing fees and jury fees)

Legal costs depends on the copmlexity of the case

Question 2

Impact of Cost: Detterance

Answer 2

Parties may not initiate their claim if they cannot afford it

Legal aid is difficult to obtain for a civil matter, not a lot of funding

impacts ability to participate, reducing fairness

Question 3

Impacts of cost: Self-represent

Answer 3

Parties may have to self represent

Without legal rep, parrites may lack knowledge and understanding of pre-trial procedures, rules of evidence, court processes and complexity of their case

Limits access, cannot fully engage on an informed basis

Question 4

Impact of cost: Poor representation

Answer 4

Depending on the cost of a lawyer, one party may be receive a lesser lawyer than their opposing party

Disparity between quality of lawyers may cause a disadvanatge, one party won’t receive an equitable trial or outcome

reduces equality

Question 5

Measures taken to reduce cost (4)

Answer 5

1. Assisting self-represented parties
2. Alternative dispute resolution
3. Use of case management
4. Pro-bono and schemes

Question 6

Impact of time: Realiability of evidence

Answer 6

As time goes on, evidence becomes more unreliable

Potentially mean the evidence is unlikely to lead to an open and impartial outcome, limiting fairness

Question 7

Impact of time: Delays and procedural fairness

Answer 7

Significant delays can impact procedural fairness

Parties may bot be able to present their case in ain adequate amount of time

Cannot participate, limits fairness

Question 8

Impact of time: Vulnerable parties

Answer 8

Vulnerable parties like injured parties of financially disadvanatge parties find it more difficult to spend prolonged timei n the civil justive system

If they cannot afford to stay in the civil justic system, they may not be able to participate, limiting fairness

Question 9

Impact of time: Force parties to settle

Answer 9

If parties are frustrated by the time taken in court, they might not be able to continue without a settlement

Reduce their ability to participate, limits fairness

Question 10

Measures taken to reduce time: VCAT procedures (On the Paper)

Answer 10

Both parties submit their claim to VCAT memeber

Includes all evidence, relevant information and claims

VCAT member then hands down a decision based off these documents.

No need to wait for a hearing date or prolonged negotioation, reducing delays

Increases access

Question 11

Measures taken to reduce time: Online hearings

Answer 11

Frequently used in VCAT, through platforms such as zoom

avoids delays caused by inconveniences such as location of the parties, and increases a partis ability to ennage in their case remotley

Increases access.