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legal 3/4 > unit 3 aos2b (cost, time, accessibility factors) > Flashcards

unit 3 aos2b (cost, time, accessibility factors) Flashcards

1
Q

state the cost factors (3)

A

VCAT costs, Legal costs, increased use of dispute resolution methods

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2
Q

state the time factors (4)

A

court delays, appeal processes, use of case management powers, VCAT waiting times

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3
Q

state the accessibility factors (3)

A

lack of services in rural/remote areas, use of representative proceedings, barriers to communication,

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4
Q

define VCAT costs (cost factor)

A

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

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5
Q

VCAT costs (cost factor) & fairness (POJ)

A

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

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6
Q

VCAT costs (cost factor) & access (POJ)

A

3 tier system ensures access to those likely to suffer from higher fees

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7
Q

increased use of dispute resolution methods (cost factor) & fairness (POJ)

A

informality allows parties unfamiliar with courts to actively engage, parties take ownership of processes meaning no unwanted outcomes

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8
Q

increased use of dispute resolution methods (cost factor) & equality (POJ)

A

third party is unbiased and impartial

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9
Q

increased use of dispute resolution methods (cost factor) & access (POJ)

A

parties hire private mediators/conciliators avoiding costs of initiating a claim

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10
Q

define legal costs (cost factor)

A

everyone has a right to representation but not everyone can afford this right. court system relies on parties having good representation

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11
Q

legal costs (cost factor) & fairness (POJ)

A

judge has responsibility to assist self represented parties

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12
Q

legal costs (cost factor) & equality (POJ)

A

self represented parties may have unequal footing in court

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13
Q

legal costs (cost factor) & access (POJ)

A

legal costs limit a persons access

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14
Q

define court delays (time factor)

A

court backlogs, pre trial procedures, evidence gathering

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15
Q

court delays (time factor) & fairness (POJ)

A

impact reliability of evidence

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16
Q

courts delays (time factor) & equality (POJ)

A

impact more vulnerable parties who may stress by inconvenience of court processes

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17
Q

court delays (time factor) & access (POJ)

A

possible delays may deter parties from pursuing their claim in the first place

18
Q

define VCAT waiting times (time factor)

A

waiting time is significantly lower than courts, although waiting time for some lists are lengthy (10 weeks)

19
Q

VCAT waiting times (time factor) & fairness (POJ)

A

easier to recall facts with short waiting time, businesses may risk losing time/costs waiting for a resolution

20
Q

VCAT waiting times (time factor) & equality (POJ)

A

long waiting time can impact vulnerable parties

21
Q

VCAT waiting times (time factor) & access (POJ)

A

some may be deterred from pursuing a case

22
Q

define appeal processes (time factors)

A

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

23
Q

appeal processes (time factor) & fairness (POJ)

A

appeal must need real grounds meaning parties dont waste putting time into weak appeals, appeal determined by experienced judge

24
Q

appeal processes (time factor) & equality (POJ)

A

reduced delays cam reduce impact on parties who suffer from long delays

25
Q

appeal processes (time factor) & access (POJ)

A

parties may feel more inclined to appeal if they know appeal will be heard swiftly

26
Q

define use of case management powers (time factor)

A

giving courts control over cases ensures swift resolution. (order parties to mediation, limit the scope of discovery)

27
Q

use of case management powers (time factor) & fairness (POJ)

A

processes can be adapted to suit the needs of parties

28
Q

use of case management powers (time factor) & equality (POJ)

A

flexibility is ensured without discrimination, orders can apply equally to both parties

29
Q

use of case management powers (time factor) & access (POJ)

A

flexibility in formalities (how documents are filed & time required to complete tasks)

30
Q

define barriers to communication (accessibility factor)

A

main barrier is language

31
Q

barriers to communication (accessibility factor) & fairness (POJ)

A

people unable to communicate english have reduced ability to present case in best light

32
Q

barriers to communication (accessibility factor) & equality (POJ)

A

people may struggle to tell claims/defences making them unequal before the law

33
Q

barriers to communication (accessibility factor) & access (POJ)

A

may abandon their claim because theyre unsure how to pursue their case

34
Q

lack of services in rural/remote areas (accessibility factor) & fairness (POJ)

A

impact ability to seek advice or access resources about their case

35
Q

lack of services in rural/remote areas (accessibility factor) & equality (POJ)

A

unequal before the law if unequal access to courts/tribunals

36
Q

lack of services in rural/remote areas (accessibility factor) & access (POJ)

A

impact a persons ability to pursue legal rights and seek compensation

37
Q

define use of representative proceedings (accessibility factor)

A

enables a person to seek compensation by joining with others who have similar claims

38
Q

use of representative proceedings (accessibility factor) & fairness (POJ)

A

people arent subjected to paying all costs, remove court processes helping people unfamiliar

39
Q

use of representative proceedings (accessibility factor) & equality (POJ)

A

conducted by experienced legal practitioners who present a case in the best possible light

40
Q

use of representative proceedings (accessibility factor) & access (POJ)

A

enables more people to have claim heard, litigation funding may restrict size of final payment, reducing value of access

legal 3/4 (9 decks)

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