Principles of Justice

Question 1

Impartiality points (x2)

Answer 1

• The plaintiff can have an independent and impartial adjudicator preside over their dispute, whether this is a judge, mediator, magistrate or arbitrator
• Should a plaintiff wish to have a jury, they will be entitled to having a jury of six decide the outcome of the case and award remedies if the case is heard in the County or Supreme Court

Question 2

Open points (x2)

Answer 2

• Disputes that utilise the courts are open to the public, including the courts judgement, which promotes transparency and accountability
• However, methods of dispute resolution can often be held in private and in court, jurors do not have to provide reasons for their decision

Question 3

Participation points (x2)

Answer 3

• There are many avenues to have issues resolved such as courts, mediation, conciliation, arbitration, tribunals and complaints bodies
• Through a series of pre-trial procedures such as pleadings and discovery, the defendant can gain information about the case against them and prepare

Question 4

Formal points (x2)

Answer 4

• All parties can initiate a claim if they can demonstrate an infringement of their rights and a loss
• All parties must engage in the same pre-trial procedures to ensure adequate preparation and presentation of their case in court

Question 5

Substantive points (x2)

Answer 5

• If a party cannot afford legal representation and must self represent a judge or magistrate may need to take steps to explain certain rights and processes
• Organisations such as VLA and CLC provide extra support to individuals who do not have the resources
• Interpreters may be required for people with limited English to assist with translation

Question 6

Engagement points (x2)

Answer 6

• A range of dispute resolution methods are available to the parties to utilise, ranging from alternate dispute resolution methods, tribunals, CAV and courts, most of which are less complex
• Class actions or group proceedings allow for members to share the cost when taking legal action against powerful defendants
• Legal representation is often not needed unless parties are in court

Question 7

Informed basis points (x2)

Answer 7

• Specialist CLCs can assist groups with vulnerabilities in society, such as the Association for Employees with Disabilities, enabling individuals with disabilities to have their case heard
• Online websites such as from VCAT and the Victorian Ombudsman provide information and guidance for parties on their rides in civil matters and where to take their dispute to be resolved
• However, self help may be recommended, and those with less education or recent migrants may be unable to articulate or communicate with the other party