DP3 Principles of justice in civil law

Question 1

How do impartial processes relate to civil law?

Answer 1

Courts and personnel should be independent and impartial. Must not show bias towards or against any party, and the case should be decided on facts and law, not prejudice
No apprehended bias (remove self if cannot remain impartial)

Question 1

What is the principle of fairness?

Answer 1

All people can participate in the justice system, and its principles should be impartial and open.
Not about outcome of case, but instead about processes used to ensure a proper outcome.

Question 2

How does participation relate to civil law?

Answer 2

All people must be able to participate, and initiate their claims.
- opportunity to know case against them, disclose claims and defences pre-trial
- access to interpreter
- present version of their case

Question 3

What is the principle of equality?

Answer 3

All people engaging with the justice system and its processes should be treated in the same way. if same treatment causes disadvantage or disparity, measures should be put into place to reduce this.

Question 4

How does same treatment apply in the civil justice system?

Answer 4

All parties will be treated the same (formal equality)
- Given the same level of support
- Court requires both parties to complete pre-trial procedures

Question 5

How does different treatment apply in the civil justice system?

Answer 5

If treating everyone in the same way causes disadvantage or disparity, measures should be taken to reduce it.
e.g a self-represented party will be treated different by a judge (will explain procedures)
Not religious, may take affirmation instead of oath

Question 6

What is the principle of access?

Answer 6

All people should engage with the civil justice system and its processes on an informed basis

Question 7

How does engagement apply in the civil justice system?

Answer 7

Able to take part - range of dispute resolution services (complaints bodies CAV, tribunals VCAT)
- Physical access (remote areas can be affected)
- Technological (virtual or online hearings, but impacts elderly or those without computers)
- Financial - people should not be prohibited because they do not have financial means (self-represent)

Question 8

How does an informed basis apply in the civil justice system?

Answer 8

Understanding of legal rights and processes, should receive information and use procedures
- Education (informed of rights, but impacts vulnerable or young)
- Information (CAV has online website, CLCs)
- Legal services (can hire a lawyer to inform them of rights, advise decision)