factors that affect the cjs Flashcards
what are the three factors that affect the cjs?
time, cost, and accessibility.
what can high costs cause?
can discourage or prevent people from pursuing civil claims or defences, hindering justice, can lead to parties being self-represented.
what features of the cjs attempt to reduce costs?
representative proceedings, increased use of dispute resolution methods, VCAT and CAV.
‘justice delayed is justice denied’, why?
because having your case resolved ten years down the line won’t fix the problems the plaintiff suffered at the time of the wrongdoing.
what downsides do delays have in civil disputes?
- people choose not to pursue a claim because it would take too long, causes stress and wasted time, inconvenience for parties and witnesses, can force parties to settle on poor terms or reduce their claims or defences.
what broad powers attempt to reduce delays? (case management).
case management powers are widely used across courts and tribunals, they reduce delays by giving judges and tribunal members the ability to control the progress of legal cases more effectively and efficiently.
what can lack of access lead to?
valid civil claims being abandoned, withdrawn or settled for much less than what a party may be entitled to.
