10:Impact of time + cost on POJ's

Impact on the Justice System

Cost Factore

1. disbursments: such as mediators, filling/hearing fees, adverse costs, jury fees

2. Legal rep

3. VCAT fees increasing, commonly have legal rep which is expensive

• there has been an increase in self rep parties, an increase in ADR’s, CAV and parties abandoning their claims or settling outside of court as a result of these costs

Measures to reduce costs

• settle outside the court (sometimes VCAT as well) with the use of ADR’s and other institutions such as CAV + CAV

• case mangemnet powers from the judge, directions such as reducing discovery or mandating mediation to save costs

• pro bono such as justice connect

• judges give assistance to self rep parties

Time Factors (delays)

1. pre trail procedures are significant such as: discovery, pleadings and exchange. judge can set timeline (not always the case)

   sometimes parties are not punished for not following timelines

2. Backlogs: delays can be significant for parties seeking quick settlement. delays since covid impacted the court and VCAT

3. evidence gathering and prep: significant for large cases wher ther is lots of evidence, witnesses and issues to be discussed

Measures to reduce time

1. case management powers

• ordering parties to attend mediation or other ADR’s

• limiting discovery

• ordering ‘no pleadings’ are required

• strict timelines for hearings/trials. limiting witnesses and time for cross exam

2. VCAT programs to manage delays. such as pilot program in county and backlog recovery program for residential tenancies

3. some matters dealt with ‘on the papers’. this has been used in VCAT where only evidence is submitted (no witnesses)

4. greater use of online methods such as: hearings and mediation online