unit 3 aos2b (cost, time, accessibility factors)

Question 1

state the cost factors (3)

Answer 1

VCAT costs, Legal costs, increased use of dispute resolution methods

Question 2

state the time factors (4)

Answer 2

court delays, appeal processes, use of case management powers, VCAT waiting times

Question 3

state the accessibility factors (3)

Answer 3

lack of services in rural/remote areas, use of representative proceedings, barriers to communication,

Question 4

define VCAT costs (cost factor)

Answer 4

intended to be cheaper than courts. fees are generally more favourable by requiring parties to be self represented and avoiding pre trial procedures. since 2013, VCAT fees have gone up

Question 5

VCAT costs (cost factor) & fairness (POJ)

Answer 5

people unable to afford VCAT fees may abandon their claim leading to unfair outcomes, those who have a greater ability to pay more are charged more

Question 6

VCAT costs (cost factor) & access (POJ)

Answer 6

3 tier system ensures access to those likely to suffer from higher fees

Question 7

increased use of dispute resolution methods (cost factor) & fairness (POJ)

Answer 7

informality allows parties unfamiliar with courts to actively engage, parties take ownership of processes meaning no unwanted outcomes

Question 8

increased use of dispute resolution methods (cost factor) & equality (POJ)

Answer 8

third party is unbiased and impartial

Question 9

increased use of dispute resolution methods (cost factor) & access (POJ)

Answer 9

parties hire private mediators/conciliators avoiding costs of initiating a claim

Question 10

define legal costs (cost factor)

Answer 10

everyone has a right to representation but not everyone can afford this right. court system relies on parties having good representation

Question 11

legal costs (cost factor) & fairness (POJ)

Answer 11

judge has responsibility to assist self represented parties

Question 12

legal costs (cost factor) & equality (POJ)

Answer 12

self represented parties may have unequal footing in court

Question 13

legal costs (cost factor) & access (POJ)

Answer 13

legal costs limit a persons access

Question 14

define court delays (time factor)

Answer 14

court backlogs, pre trial procedures, evidence gathering

Question 15

court delays (time factor) & fairness (POJ)

Answer 15

impact reliability of evidence

Question 16

courts delays (time factor) & equality (POJ)

Answer 16

impact more vulnerable parties who may stress by inconvenience of court processes

Question 17

court delays (time factor) & access (POJ)

Answer 17

possible delays may deter parties from pursuing their claim in the first place

Question 18

define VCAT waiting times (time factor)

Answer 18

waiting time is significantly lower than courts, although waiting time for some lists are lengthy (10 weeks)

Question 19

VCAT waiting times (time factor) & fairness (POJ)

Answer 19

easier to recall facts with short waiting time, businesses may risk losing time/costs waiting for a resolution

Question 20

VCAT waiting times (time factor) & equality (POJ)

Answer 20

long waiting time can impact vulnerable parties

Question 21

VCAT waiting times (time factor) & access (POJ)

Answer 21

some may be deterred from pursuing a case

Question 22

define appeal processes (time factors)

Answer 22

high court changed processes to hear special leave applications. panel of justices can determine if oral hearing is needed or application can be determined on the papers

Question 23

appeal processes (time factor) & fairness (POJ)

Answer 23

appeal must need real grounds meaning parties dont waste putting time into weak appeals, appeal determined by experienced judge

Question 24

appeal processes (time factor) & equality (POJ)

Answer 24

reduced delays cam reduce impact on parties who suffer from long delays

Question 25

appeal processes (time factor) & access (POJ)

Answer 25

parties may feel more inclined to appeal if they know appeal will be heard swiftly

Question 26

define use of case management powers (time factor)

Answer 26

giving courts control over cases ensures swift resolution. (order parties to mediation, limit the scope of discovery)

Question 27

use of case management powers (time factor) & fairness (POJ)

Answer 27

processes can be adapted to suit the needs of parties

Question 28

use of case management powers (time factor) & equality (POJ)

Answer 28

flexibility is ensured without discrimination, orders can apply equally to both parties

Question 29

use of case management powers (time factor) & access (POJ)

Answer 29

flexibility in formalities (how documents are filed & time required to complete tasks)

Question 30

define barriers to communication (accessibility factor)

Answer 30

main barrier is language

Question 31

barriers to communication (accessibility factor) & fairness (POJ)

Answer 31

people unable to communicate english have reduced ability to present case in best light

Question 32

barriers to communication (accessibility factor) & equality (POJ)

Answer 32

people may struggle to tell claims/defences making them unequal before the law

Question 33

barriers to communication (accessibility factor) & access (POJ)

Answer 33

may abandon their claim because theyre unsure how to pursue their case

Question 34

lack of services in rural/remote areas (accessibility factor) & fairness (POJ)

Answer 34

impact ability to seek advice or access resources about their case

Question 35

lack of services in rural/remote areas (accessibility factor) & equality (POJ)

Answer 35

unequal before the law if unequal access to courts/tribunals

Question 36

lack of services in rural/remote areas (accessibility factor) & access (POJ)

Answer 36

impact a persons ability to pursue legal rights and seek compensation

Question 37

define use of representative proceedings (accessibility factor)

Answer 37

enables a person to seek compensation by joining with others who have similar claims

Question 38

use of representative proceedings (accessibility factor) & fairness (POJ)

Answer 38

people arent subjected to paying all costs, remove court processes helping people unfamiliar

Question 39

use of representative proceedings (accessibility factor) & equality (POJ)

Answer 39

conducted by experienced legal practitioners who present a case in the best possible light

Question 40

use of representative proceedings (accessibility factor) & access (POJ)

Answer 40

enables more people to have claim heard, litigation funding may restrict size of final payment, reducing value of access