Law. Strengths and Weaknesses

What are the strengths of the adversarial system

1. Upholds Natural Justice through party control

2. Clear burden and standard of proof

3. Transparency and public trust

4. Encourage settlement and efficiency via pre trial

5. Judges as independent adjudicator

what is party control and how is it a strength in upholding natural justice

• Parties hold the power in court

• Both parties present and test evidence

• They overall have the power in influencing the outcome

Strength:

• Ensures fairness as both parties have an equal opportunity to present their argument

• Decision based on facts presented rather than bias of an adjudicator

What is clear burden and standard of proof and how is it a strength

• The prosecutor holds the burden of proof

• They must prove their claim either, “Beyond Reasonable Doubt” and “Balance of Probabilities”

Strength:

• In criminal cases, is a safeguard against wrongful convictions/imprisonment

• This ensures decisions are based on facts

What is transparency and public confidence and why is it a strength

• Court decisions and outcomes are open to the public

Strength:

• Ensures accountability, through public scrutiny

• This discourages, corruption, bias and wrongful outcomes

• This upholds natural justice

Example of party control and neutrality

Natural Justice – Party Control & Neutrality
Lattouf v ABC (2025) shows this strength because both sides had the opportunity to present their case and the decision was made by an independent court, reinforcing fairness and impartiality.

Example of Clear burden and standard of proof

Declan Cutler Murder Case (2024)
The judge-only trial required proof beyond reasonable doubt. The conviction demonstrates how high proof standards safeguard against wrongful findings of guilt—only when the evidence meets the threshold does justice proceed

Transparency & Public Oversight

Erin Patterson "Mushroom Murder" Case (2025
In this high-profile murder trial, the court refused a broad suppression order. (allowing media to report on it)
.This ensured details were shared to public, ensuring public confidence

Weaknesses of the adversarial system

1. Unequal cost distribution

2. Cost and Delay

3. Conflict Escalation

Unequal Cost Distribution

High cost of legal representation causes wealthier parties to have an upper hand

Cost and Delay

Delays due to lengthy procedures cause a longer process to get to court which in turn costs more money

Conflict Escalation

The “win-lose” framework, makes parties often try to win rather than reach a resolution

Cost and Delay example

Vanishing Trial” Phenomenon (Supreme Court Statistics, 2020)

·Only approximately 3% of civil cases proceed to full trial due to cost and complexity, reducing public judicial scrutiny.

This is a weaknesses as it reduces judicial scrutiny as court case outcomes aren’t decided in court

Unequal resource distribution

Domestic Violence Fatalities and Systemic Barriers (Ombudsman WA, 2012–2015)

·Lack of adequate legal support for vulnerable victims led to tragic outcomes.

Weakness as it undermines natural justice as it goes against equality before the law

conflict escalation

R v. Peter Foster (2007)

• Context: Peter Foster, a notorious Australian businessman, was charged with multiple counts of fraud and misleading conduct.
  . One party’s victory meant the other party’s defeat—no compromise or shared outcome.