Unit 4 AOS2 (Evaluating the effectiveness of the legal system) Flashcards
What are three aspects of the legal system which limit it’s success?
- High costs
- Unable to accommodate Australia cultural diversity
- Structural elements of the court
What recent changes have been made to combat high costs, providing greater acess?
In May 2017 there was an increase of around 14 million dollars in funding for the legal aid announced by the government.
What recent changes have been made to make the legal system more culturally inclusive promoting fairness?
Koori Court’s introduction in and expansion in 2016 to the county, supreme and family court
Where elders, lawyers, a magistrate and enforcement officials.
What recent changes have been made to the structural elements of the court to save time?
The Vexatious Proceedings Act 2014, which commenced in October 2014, allows specialized courts and Vcat to make litigation restraint orders
Explain the function of the vexatious proceedings act and how it enhances the legal system?
The Vexatious Proceedings Act 2014, which commenced in October 2014, allows specialized courts and Vcat to make litigation restraint orders. This refers to the fact that if they can restrain a party who continuously makes frivolous claims from wasting any further court time, this increases the timely resolution of disputes by removing the delays associated with such litigation.
What is one recommendation to combat high costs in future?
Increased pro-bono work. No win, no pay scheme.Would encourage more parties to take up legal action if they knew some of the extreme costs may not be wasted on a lost case.
What is one recommendation to combat cultural conflict in future?
More interpreters in courts to provide support for parties in not only providing translation but a contextual understanding of the action so they have the same opportunities as any English speaking party.
What is one recommendation to combat structural limitations in future?
To combat the weakness of the adversary system, written evidence or may be accepted or witness statements rather than questions. This would save time and discourage unfair or tricky lines of questioning which may confuse a witness.
