unit 3 aos2b (reforms/recommendations) Flashcards
state the reforms (2)
introduction to 3 tier system in supreme court, increased use of technology in VCAT/courts
state the recommendations (2)
Increase use of alternative dispute resolution methods, increase legal aid funding for civil cases
supreme court 3 tier fee structure
standard (individual/not for profit organisation/business with turnover of less than $200,000 = $725 fee), concession (commonwealth health care concession card= $300 fee), corporate (larger business that dont fit into other categories = $1450 fee)
Equality & 3 tier fee structure
low fees take various financial circumstances into consideration, fees may still be too high=reducing equality
Access & 3 tier fee structure
low concession fee enables more people access that previously couldnt access
Fairness & 3 tier fee structure
lower income earners have increased ability to pursue civil case and present in best possible light because they can allocate money elsewhere
Cost factors & 3 tier fee structure
only a filing fee, doesnt take into account other legal costs required to pursue civil claim
increased use of technology in VCAT
(in 2019) people can view and save progress of VCAT applications online. online dispute resolution for minor goods and services disputes (sms, video conferencing)
increased use of technology in supreme court
(2017) technology was introduced during discovery process to make it faster & cheaper for parties to access relevant documents, although technology requires training and maintenance
increased use of technology in VCAT/courts & time factors
disputes relating to goods and services can be resolved over the phone, saving time of appearing in court and freeing up time
increased use of technology in VCAT/courts & accessibility factors
online applications in VCAT allow for rural victorians to have greater access where they were previously unable to resolve disputes. improves ability to seek resolution for a civil wrong
increased legal aid funding
commonwealth/state governments should increase funding so legal aid institutions can provide free/low cost advice, assistance and representation. underfunding has meant institutions can only offer limited assistance. people in civil cases may have to self represent
increased use of ADR methods
allows for a settlement determined upon by parties. judge led mediation and court annexed mediation pilot program (where civil disputes under $40,000 are referred to mediation) can be expanded into magistrates. some disputes are not suitable for ADR
access & Legal aid funding
lower costs enable those who suffer from high costs can have greater access to adequate representation
equality & legal aid funding
lower costs make those who cant afford high fees equal before the law
