U2 AOS2 - Civil Principles of Justice

Question 1

Fairness

Answer 1

• All people can participate in the justice system and its processes should be impartial and open

Question 2

Fairness - impartiality

Answer 2

• The parties have an independent and unbiased adjudicator preside over the dispute, such as a judge, magistrate or mediator
• No party is shown discrimination or favouritism
• The case is decided on facts and law rather than opinion and prejudice

Question 3

Fairness - open

Answer 3

• Disputes that utilise the courts are open to the public, including the courts judgement. This promotes transparency over judicial decisions and accountability of legal professionals
• However, less than 5% of civil claims go to trial. Parties have some level of control over how civil crimes are resolved, and this can be achieved in private, such as mediation or conciliation

Question 4

Fairness - participation

Answer 4

• Parties can prepare case through knowing the facts (before trial, both the plaintiff and the defendant must disclose their claims and defences the basis for them and any relevant documents or evidence)
• There are several avenues of dispute resolution (including courts, mediation, conciliation, arbitration, tribunals and complaints bodies depending on the nature of the dispute)
• Parties have the opportunity to present their version of the case (both parties should have the opportunity to make submissions to the adjudicator, present evidence and examine or cross examine witnesses)
• A trial occurs without unreasonable delay (to ensure evidence remains credible, plaintiffs can enjoy their remedy in a timely manner, and defendants can move on from the threat of civil action)

Question 5

Equality

Answer 5

• Old paper engaging in the justice system should be traded in the same way. If that same treatment causes disparity or disadvantage, adequate measures should be implemented to reduce or remove this disparity or disadvantage and allow for participation

Question 6

Equality - formal

Answer 6

• All parties can initiate a claim if they can demonstrate an infringement of their rights and loss
• All parties can and are encouraged to negotiate prior and during trial and resolve their disputes without proceeding to a trial
• All parties having them matter heard in superior courts can request to have a jury if they can pay for one
• All parties can engage in legal representation to provide them with legal assistance

Question 7

Equality - substantive

Answer 7

• If a party cannot afford legal representation and must self represent, a judge or magistrate has an obligation to take steps to explain certain rights and processes
• Organisations such as VLA and CLCs provide extra support to individuals who do not have the resources to uphold their civil rights, leading to more equitable outcomes
• Interpreters may be required for people with limited English to assist with translations

Question 8

Access

Answer 8

• All people should be able to engage with the justice system and its processes on an informed basis

Question 9

Access - engagement

Answer 9

• A range of dispute resolution methods are available to the parties such as ADRs, tribunals, CAV and courts
• Lego representation is often not needed unless parties are engaging in the courts
• A range of dispute resolution avenues also means that courts are less likely to be clogged and experience delays
• Technological development has led to some disputes being resolved via online video link or conferencing
• Class actions allow for group members to share the costs when taking legal action against large corporations

Question 10

Access - informed basis

Answer 10

• Being represented by lawyer allows a person to be informed as lawyers will explain the process involved, their rights, steps to take in the proceeding and chances of success
• Specialist community legal centres can assist certain vulnerable groups
• Online websites such as VCAT, Victorian Legal Aid and the Victorian Ombudsman provide information and guidance for parties on their rights and some civil matters and where to take their dispute to be resolved (However, despite them encouraging self-help, it does require that parties have to have a certain level of education and can articulate and communicate with the other party)