U3 AOS 2a lesson 3 Flashcards
fairness impartiality : adjudicator
- The plaintiff can have an independent and impartial adjudicator preside over their dispute - this could be in the form of a judge, mediator, magistrate or arbitrator
fairness impartiality: civil procedure
- The Civil Procedure Act (Vic) 2010 ensures that the rules of preparing and presenting a case is applied to both sides. This regulates aspects such as:
Narrowing the legal issues being disputed, disclosure during discovery, case management powers of the judge which can limit the types of questions asked of witnesses to ensure an outcome is only reached based upon relevant evidence + testimony presented
fairness open: public court hearings
- Disputes that utilise the courts are open to the public including the court’s judgement, this promotes transparency over judicial decisions and, accountability of legal professionals
hindered fairness open: alt methods
*However, should parties choose to use mediation or conciliation as their method to resolve disputes, this may be held in private, leading to a lack of open processes
fairness participation: lodging a claim
After considering all factors, all plaintiffs have the right to lodge a claim against a defendant because of a loss or, if they believe that the matter is not worth pursuing, then they can ‘cut their losses’
fairness participation: alt avenues
Plaintiffs can engage in several avenues to have their issue resolved including courts, mediation, conciliation, arbitration, tribunals and complaints body depending on the nature of the dispute. Some of these do not require legal representation which promotes the plaintiff ability to participate in the legal system more easily
equality formal: jury
All parties having their matter heard in superior courts can request to have a jury if they can pay for a jury
equality formal: pre-trial proceedings
All parties must engage in the same pre-trial procedures to ensure adequate preparation and presentation of their case in court
equality formal: negotiation
All parties can and are encouraged to, negotiate prior and during trial and resolve their. disputes without proceeding to a trial
equality substantive: VLA + CLC
- 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.
equality substantive: interpreters
Interpreters may be required for people with limited English to assist with translations
access engagement: avenues
Unlike criminal matters, a range of dispute resolution methods are available to the parties to utilise ranging from ADRs, tribunals, CAV and courts; most of which are less complex than courts
access engagement: class action
Class actions/group proceedings allows for group members to share the costs when taking legal action against a large corporations
access informed basis: specialist CLCs
- Specialist CLCs can assist certain groups with vulnerabilities in society. For example:
*AED - Association for Employees with Disabilities (AED Legal Centre) is established to specifically assist individuals with disabilities regarding civil matters arising from unlawful termination, bullying and harassment and wages and working conditions
access informed basis: VCAT
- Online websites such as VCAT, Victorian Legal Aid, Women’s Legal and the Victorian Ombudsman provide information and guidance for parties on their rights in some civil matters and, where to take their dispute to be resolved - most will recommend/require parties to engage in self-help first
*However, self-help requires that parties have a certain level of education and can articulate and communicate with the other party which may not always occur
