unit 3 aos2b (cost, time, accessibility factors) Flashcards
state the cost factors (3)
VCAT costs, Legal costs, increased use of dispute resolution methods
state the time factors (4)
court delays, appeal processes, use of case management powers, VCAT waiting times
state the accessibility factors (3)
lack of services in rural/remote areas, use of representative proceedings, barriers to communication,
define VCAT costs (cost factor)
intended to be cheaper than courts. fees are generally more favourable by requiring parties to be self represented and avoiding pre trial procedures. since 2013, VCAT fees have gone up
VCAT costs (cost factor) & fairness (POJ)
people unable to afford VCAT fees may abandon their claim leading to unfair outcomes, those who have a greater ability to pay more are charged more
VCAT costs (cost factor) & access (POJ)
3 tier system ensures access to those likely to suffer from higher fees
increased use of dispute resolution methods (cost factor) & fairness (POJ)
informality allows parties unfamiliar with courts to actively engage, parties take ownership of processes meaning no unwanted outcomes
increased use of dispute resolution methods (cost factor) & equality (POJ)
third party is unbiased and impartial
increased use of dispute resolution methods (cost factor) & access (POJ)
parties hire private mediators/conciliators avoiding costs of initiating a claim
define legal costs (cost factor)
everyone has a right to representation but not everyone can afford this right. court system relies on parties having good representation
legal costs (cost factor) & fairness (POJ)
judge has responsibility to assist self represented parties
legal costs (cost factor) & equality (POJ)
self represented parties may have unequal footing in court
legal costs (cost factor) & access (POJ)
legal costs limit a persons access
define court delays (time factor)
court backlogs, pre trial procedures, evidence gathering
court delays (time factor) & fairness (POJ)
impact reliability of evidence
courts delays (time factor) & equality (POJ)
impact more vulnerable parties who may stress by inconvenience of court processes
court delays (time factor) & access (POJ)
possible delays may deter parties from pursuing their claim in the first place
define VCAT waiting times (time factor)
waiting time is significantly lower than courts, although waiting time for some lists are lengthy (10 weeks)
VCAT waiting times (time factor) & fairness (POJ)
easier to recall facts with short waiting time, businesses may risk losing time/costs waiting for a resolution
VCAT waiting times (time factor) & equality (POJ)
long waiting time can impact vulnerable parties
VCAT waiting times (time factor) & access (POJ)
some may be deterred from pursuing a case
define appeal processes (time factors)
high court changed processes to hear special leave applications. panel of justices can determine if oral hearing is needed or application can be determined on the papers
appeal processes (time factor) & fairness (POJ)
appeal must need real grounds meaning parties dont waste putting time into weak appeals, appeal determined by experienced judge
appeal processes (time factor) & equality (POJ)
reduced delays cam reduce impact on parties who suffer from long delays
appeal processes (time factor) & access (POJ)
parties may feel more inclined to appeal if they know appeal will be heard swiftly
define use of case management powers (time factor)
giving courts control over cases ensures swift resolution. (order parties to mediation, limit the scope of discovery)
use of case management powers (time factor) & fairness (POJ)
processes can be adapted to suit the needs of parties
use of case management powers (time factor) & equality (POJ)
flexibility is ensured without discrimination, orders can apply equally to both parties
use of case management powers (time factor) & access (POJ)
flexibility in formalities (how documents are filed & time required to complete tasks)
define barriers to communication (accessibility factor)
main barrier is language
barriers to communication (accessibility factor) & fairness (POJ)
people unable to communicate english have reduced ability to present case in best light
barriers to communication (accessibility factor) & equality (POJ)
people may struggle to tell claims/defences making them unequal before the law
barriers to communication (accessibility factor) & access (POJ)
may abandon their claim because theyre unsure how to pursue their case
lack of services in rural/remote areas (accessibility factor) & fairness (POJ)
impact ability to seek advice or access resources about their case
lack of services in rural/remote areas (accessibility factor) & equality (POJ)
unequal before the law if unequal access to courts/tribunals
lack of services in rural/remote areas (accessibility factor) & access (POJ)
impact a persons ability to pursue legal rights and seek compensation
define use of representative proceedings (accessibility factor)
enables a person to seek compensation by joining with others who have similar claims
use of representative proceedings (accessibility factor) & fairness (POJ)
people arent subjected to paying all costs, remove court processes helping people unfamiliar
use of representative proceedings (accessibility factor) & equality (POJ)
conducted by experienced legal practitioners who present a case in the best possible light
use of representative proceedings (accessibility factor) & access (POJ)
enables more people to have claim heard, litigation funding may restrict size of final payment, reducing value of access
