U3 AOS 2a lesson 6 Flashcards
administrative connivence
refers to the ability of the courts to distribute resources more effectively by organising disputes according to how serious or complex they are.
administrative connivence example: superior courts
The superior courts, such as the Supreme Courts, are free to devote time and resources to long, complex disputes as the court is not delayed by resolving minor disputes
finalised 1,390 cases + has 29 judges in total
administrative connivence example: lower courts
The lower courts, such as the Magistrates’ Court, can quickly resolve a large number of relatively minor disputes, minimising delays for parties to such disputes.
finalised 14,526 cases + has 123 judges in total
appeal
a legal process that a dissatisfied party may pursue to have the court’s decision reviewed by a higher court.
conditions for an appeal
they must be granted leave to appeal, the permission to appeal a case, and have legal grounds for doing so
grounds of appeals : question of law
arguing that the law has not been correctly applied (error of law)
e.g., accepting inadmissible evidence
grounds of appeals : remedy
The remedy awarded
grounds of appeals : questions of fact
whether the facts of the case had been applied appropriately to reach decision (error of facts)
- e.g., in a defamation case a decision was made that did not take into consideration all published articles about the plaintiff
strength of admin convin : fairness
- The administrative convenience achieved by separating disputes across the hierarchy minimises delays. The hierarchy being organised in this way therefore promotes fair treatment of the parties by avoiding prolonged stress.
strength of appeals: fairness
- In theory, appeals are available to everyone.
All parties have the same opportunity to appeal a court’s decision provided they have legal grounds to do so. This ensures any errors are corrected, which is fair.
weakness of admin convin: fairness
- There are still many delays, despite the arrangement of the hierarchy, causing court backlogs, which is Pot fair.
weakness of appeals: fairness
*The party seeking to appeal must bear the cost of the application and legal fees. Some dissatisfied parties may be unable to afford to lodge an appeal, despite qualifying for an appeal, meaning incorrect decisions are not corrected, leading to an unfair result.
strengths of admin connivence: equality
Each dispute is heard in the appropriate court and similar disputes are resolved in the same way within a given court. This contributes to equality, as all people are treated the same despite characteristic differences.
weakness of appeals: equality
An appeal may not be available to some parties if they can not afford the cost of application and additional legal fees. This limits equality if particular legal processes are not available to those of a low socioeconomic status.
strength of appeals: access
Parties automatically have access to the correct court for their matter. The courts in the Victorian hierarchy publicise the range of disputes within their jurisdiction on their websites, assisting plaintiffs to understand which court to commence proceedings in.
strength of appeals: access
The court hierarchy promotes transparency and accountability in the legal system, as decisions are published and subject to review and scrutiny by higher courts. This promotes access as past legal decisions are available to review allowing for predictability.
weakness of appeals: access
The party initiating an appeal is responsible for covering the expenses associated with the application and legal fees, thereby restricting accessibility to those of a low socioeconomic status.
original jurisdiction
the power of a court to hear a case for the first time
appellate jurisdiction
the power of a court to hear a case on appeal
og jur of mag
civil claims under $100,000
eg debt claims
appellate of mag
No appellate jurisdiction
og jur of county
unlimited
eg workplace injury
appellate of county
none
og jur SC (trial div)
unlimited
eg class action
appellate of SC (trial div)
appeals from VCAT members and magistrates court on question of law and remedies
eg appeals from county and supreme court (TD)
og jur of SC (appeal)
No original jurisdiction
appellate of SC (appeal)
appeals from VCAT
(cases heard by VCAT presi/ Vice presi on question of law)
eg appeals from the county and supreme court (TD)
High court og jurisdiction
none
appellate of HC
with permission from the SC (COA)
appeals from the supreme court (COA)
requirement of high court appeals
High Court will only grant permission to hear civil appeals if:
there is a question of law of public importance.
there are differing opinions on the law, and it requires clarification
