8A - The Principles of Justice in the Civil Justice System

Fairness

is the principle that all people can participate in the justice system and its processes should be impartial and open.

examples that uphold fairness in a civil dispute

- The burden of proof lies with the plaintiff.

- The standard of proof is on the balance of probabilities

-- independent judge and/or jury in civil disputes

The burden of proof lies with the plaintiff

- as the plaintiff is pursuing the claim, the onus is on them to prove the facts. it is not the responsibility of the defendant to prove they arent liable.

The standard of proof is on the balance of probabilities

The standard of proof in civil disputes is lowered to ensure fairness, as if the standard were higher, such as "beyond reasonable doubt", the plaintiff may struggle to prove a defendant's liability.

independent judge and/or jury

The judge and jury must be impartial and unbiased, basing their decisions solely on the facts of the case. Juries can contribute to fairness, as they represent a cross-section of the community can make a decision about liability that reflects community values and is impartial.

equality

the principle that all people engaging with the justice system and its processes should be treated in the same way. If the same treatment creates disparity or disadvantage, adequate measures should be implemented to allow all to engage with the justice system without disparity or disadvantage.

rule of law

the principle that the law applies to everyone equally regardless of status.

equality vs equity

- Equal treatment doesn't always mean equitable outcomes

- If equitable outcomes aren't likely, steps need to be taken to fix the inequalities

- Systems are designed to prevent discrimination based on attributes such as age, gender, wealth, language, ethnicity, and religion.

examples of how equality is upheld in civil disputes

- Court procedures are applied equally to both parties engaged in a civil dispute

- The rule of law prevents any community members from being exempt from the law

- Organisational support

Court procedures are applied equally to both parties engaged in a civil dispute

Procedures in the courts are applied in the same manner in all civil cases, regardless of personal characteristics, such as age, gender, wealth, language background, ethnicity, or religion.

The rule of law prevents any community members from being exempt from the law

Under the rule of law, all members of the community are held to the same standards of behaviour set by civil law.

Organisational Support

Organisations, such as Victoria Legal Aid (VLA), provide extra support to individuals who do not have the resources to uphold their civil rights, leading to more equitable outcomes.

Victoria Legal Aid (VLA)

a government-funded agency that provides free legal information, advice, and free or low-cost legal representation.

access

the principle that all people should be able to engage with the justice system and its processes on an informed basis.

examples of how access is upheld in civil law

- reducing delays

- alternative methods of dispute resolution

- remedies awarded in a civil dispute

reducing delays

the Victorian court hierarchy allowing courts to process cases with greater efficiency due to the court's organisation. Reducing delays in legal proceedings can alleviate the stress and anxiety experienced by the parties, allowing efficient access to the legal system.

Alternative methods of civil dispute resolution

There are out-of-court settlement options for civil disputes where the parties negotiate with an independent third party who facilitates discussion and encourages, or determines, a fair resolution. - they are less time consuming and cheaper

Remedies awarded in a civil dispute

Damages and injunctions allow the plaintiff to be compensated and returned to their original position before the civil breach occurred.

- However, if the defendant does not have the capacity to pay the required damages, the plaintiff will not be adequately compensated.