7.12 Costs and Time

Considerations of legal costs

• Legal Representation

• Engaging expert witnesses and mediators

• Filing and hearing fees

• Use of jury

other factors of legal costs

• cost of representation depends on the nature of the dispute and the way the case needs to be resolved

• type of dispute resolution method or body used

measures put in place to address costs in civil justice system

• alternative dispute resolution methods

  • i.e. mediation and conciliation ‘

• use of CAV and VCAT

• use of case management powers in courts

• bodies and organisations that provide pro bono assistance

factors that impact how long it takes for a case to be heard

• complexity of the case

• type of claim

• VCAT and court backlogs

• pre-trial procedures

• evidence gathering and preparation

• where the claim was issued

measures in place to reduce delays

• case management powers

• VCAT programs to deal with the substantial backlog of cases in some lists

• dealing with matters ‘on the papers’, avoding the need for a hearing

• increased use of online methods to resolve disputes