Legal Studies Cost, Time and Accessibility Factors

Legal Studies: Cost, Time and Accessibility FactorsI don't trust myself...

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Legal Studies Cost, Time and Accessibility Factors by Mind Map: Legal Studies Cost, Time and Accessibility Factors

1. Effects

2. Effects

3. Recommended Reforms The publication of plain language guides and information

4. Recommended Reform That VCAT expand its SMAH program into regional areas

5. Recent Reforms Three Tier system in VCAT since July 2016

6. Recent Reforms The removal of wigs

7. Recent Reforms Changes to High Court appeal processes

8. Cost Factors

9. Time Factors

10. Accessibility Factors

11. Recommended Reforms That Court sitting times be extended

12. Effects

13. Three Tier system includes - Concession - Individual - Corporate This is where each group pays a different amount... Concession paying the least, up to 150, and Corporate paying the most, if earning more than 200,000 annually

14. Fairness

15. Access

16. Equality

17. Access

18. Equality

19. Fairness

20. Access

21. Equality

22. Fairness

23. Upholds Short waiting times improves access to justice. People are not deterred from issuing claims because of the long times it will take to have the matter heard. Instead of having multiple cases heard, only one case it heard

24. Prevents Long waiting times can reduce access to justice as some people may be deterred from pursuing their case because of the time taken to get an outcome

25. Upholds The shorter waiting times can result in a fairer outcome, with parties being able to recall the facts in dispute

26. Prevents Long waiting times can impact on more vulnerable people who are stressed or inconvenienced as a result of delays

27. Prevents The longer waiting times can produce unfair results, particularly for large developments and businesses that risk losing costs and time with waiting for a resolution.

28. Upholds Short waiting times can reduce any risk that a person needing a quick resolution has to wait.

29. This is where, instead of accepting all leave application, the High Court determines which one to have an oral hearing while the rest are 'on the paper'. This is the case as only 13.31% of leave applications are successful

30. This is where, court open times are increased as 'vacation judges' are able to attend to matter even on their holidays.

31. Upholds The current informational guides would make it fairer for disadvantaged groups in that they would be more able to understand when their rights have been breached and how to uphold them, creating fairness Use of representative proceedings

32. Upholds The fact that legal presentation is not required at VCAT gives financially disadvantaged an equal opportunity to pursue their legal rights. Use of representative proceedings

33. Upholds The removal of wigs modernised the courts and makes them more accessible by avoiding formalities. Use of representative proceedings, as well as translators.

34. Prevents People who are not able to communicate well in English may not understand their legal rights. This reduces their ability to access procedures and engage in a trial therefore reducing their ability to present their case in the best light possible, meaning lack of fairness

35. Prevents People who experience communication barriers may struggle to tell their side of the story. This can make them unequal before the law and deny them an equal opportunity to present their case.

36. Prevents A person with little understanding of their legal rights or the mechanisms used to resolve disputes may abandon their claim or defence, may not know they have a claim or defence in the first place.

37. This is where, all websites, info cards, and centres, should have a translated version of the English guide for most to all languages.

38. This is where, in the Supreme Court, wigs are completely removed to create an environment with less formalities

39. This is where the SMAH process is to spread to other regional areas. SMAH is Short Mediation and Hearing. This program forces parties to do a 1 hour session of mediation and if not successful, they would have a hearing on the same day

40. Upholds The three their system tries to create equal outcomes by charging higher fees to large businesses and lower fees to health care card holders. Something to do with opportunities

41. Upholds The low cost of applying to VCAT and for most hearing fees ensures greater access by people to VCAT than other dispute resolution bodies such as courts.

42. Upholds VCAT costs remain low for most claims and health care card holders pay even lower fees. VCAT tries to ensure a fair system where those who have a greater ability to pay are charged more.

43. Prevents Many people who cannot afford to pay VCAT fees are at risk of having to abandon their claim which can be an unfair outcome if their rights have been infringed. Also legal represent ation is expensive.

44. Prevents The fees can result in inequality if the lower fees remain unaffordable for parties to a civil dispute. Basically not being able to afford legal services.

45. Prevents People have criticised VCAT's user pays system, claiming it restricts access to justice. This applies to particularly to claims where VCAT has exclusive jurisdiction. Can be deterred to pay, lowering access.

46. Delays and waiting times

47. VCAT waiting times compared to courts

48. Communication Barriers

49. Representative proceedings

50. Lack of services in rural and remote areas

51. Case management powers

52. Legal Representation

53. VCAT Costs

54. Increased used of appropriate dispute resolution methods

55. Interpreters