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7.12
U3AOS2 - Costs and Time
| Question | Answer |
|---|---|
| what is one cost-saving element of the civil justice system? | alternative dispute resolution methods such as mediation and conciliation |
| why can high costs discourage people from pursuing claims or defences? | they may lack the skills, experience, or objectivity to represent themselves effectively |
| what is one of the main costs incurred in civil disputes? | cost of legal representation |
| do all individuals have equal access to legal representation? | no, not everyone can afford it despite having the right to it |
| how does the cost of legal representation vary? | it depends on the nature of the dispute and how the case must be resolved |
| example of a free pathway to resolve civil disputes | making a complaint through CAV |
| example of an expensive legal path | a complex claim in the Supreme Court |
| is VCAT always inexpensive? | not necessarily; depends on the type of claim and who is making it |
| what are court costs and disbursements? | out-of-pocket expenses like expert witnesses, filing/hearing fees, juries, and potential adverse cost orders |
| what is one impact of high legal costs? | increased self-representation due to unaffordability |
| why is self-representation problematic? | it’s not suitable for everyone and can negatively impact poorly represented parties |
| why do most civil parties lack access to legal aid? | funding is usually allocated to criminal/family law rather than civil disputes |
| what happens when civil parties can’t afford legal costs? | they may settle/withdraw their claim or not initiate one at all |
| how do courts/tribunals help self-represented parties? | they provide assistance, especially when the party isn’t eligible for legal aid |
| what is a limitation of assistance to self-represented parties? | it doesn’t fully overcome disadvantages and doesn’t argue the case for them |
| what is one measure to reduce costs in the system? | use of ADR like mediation and conciliation |
| how does ADR reduce costs? | it avoids final hearings/trials which are more expensive |
| what are two ways a range of dispute resolution methods help reduce costs? | early resolution saves money; it reduces funding strain on the court system |
| how do CAV and VCAT contribute to cost-efficiency? | they offer low or no-cost dispute resolution and discourage legal representation |
| how do case management powers reduce costs? | judges can narrow discovery and refer parties to mediation |
| what organisations provide free legal support in Vic? | Justice Connect and the Victorian Bar |
| why are quick hearings considered fairest? | lengthy cases can become increasingly unfair to one or both parties |
| what affects the time taken to resolve a case? | case complexity, type of claim, number of parties, and court/VCAT list |
| how do backlogs affect case timeframes? | they delay the listing of hearings and trials |
| why are pre-trial procedures criticised? | discovery and other steps can be lengthy and complex |
| how does evidence preparation affect timing? | it increases how long it takes to have a case ready for hearing |
| what is a consequence of legal delays? | parties may abandon or settle claims prematurely |
| how do delays add to civil dispute costs? | longer proceedings result in more legal costs |
| what is a backlog? | unresolved cases still waiting to be reviewed and determined |
| how can courts reduce delays? | through case management powers and limiting procedural steps |
| examples of case management strategies | ordering mediation, limiting discovery, waiving pleadings, restricting hearing times |
| what is VCAT doing to address delays? | implementing dedicated programs and backlog recovery initiatives |
| what is 'on the papers' resolution? | cases decided from written documents without a hearing |
| how are courts using tech to improve efficiency? | online hearings and mediations for accessibility and time-saving |
Created by:
nandistudies
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