Legal Studies Cost, Time and Accessibility Factors

Legal Studies Cost, Time and Accessibility Factors von Trong Vinh Nguyen

1. Effects

2. Effects

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

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

5. Recent Reforms The removal of wigs

6. Cost Factors

7. Accessibility Factors

8. 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

9. Fairness

10. Access

11. Equality

12. Access

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

14. 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.

15. 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.

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

17. 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

18. 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

19. 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.

20. 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.

21. 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.

22. 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.

23. 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.

24. VCAT waiting times compared to courts

25. Representative proceedings

26. Legal Representation

27. VCAT Costs

28. Increased used of appropriate dispute resolution methods

29. Interpreters

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

31. Recent Reforms Changes to High Court appeal processes

32. Time Factors

33. Recommended Reforms That Court sitting times be extended

34. Effects

35. Equality

36. Fairness

37. Access

38. Equality

39. Fairness

40. 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

41. 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

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

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

44. 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.

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

46. 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

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

48. 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

49. 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

50. 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

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

52. Delays and waiting times

53. Communication Barriers

54. Lack of services in rural and remote areas

55. Case management powers