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11.1 – Problems with the legal system: high costs can limit

effectiveness

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Legal Fees - Examples

http://www.liv.asn.au/PDF/GettingAdvice/LSCFactSheetLegalcosts_Yourrighttoknow.aspx

http://www.open.edu.au/careers/legal-industry/barrister

http://www.news.com.au/business/victorian-barristers-struggle-to-make-50000-a-year-study/story-e6frfm1i-1225964938127

http://www.choice.com.au/reviews-and-tests/money/shopping-and-legal/legal/legal-billing.aspx

http://www.zurich.com.au/content/zurich_au/business/corporate_business/directors_and_officers/statutory_liability_and_legal_costs/case_studies.html

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Types of legal costs

Necessary use of Legal Representation Solicitor Barrister(Both have different fee structures) Court fees Disbursements (Tasks undertaken outside

of court time) i.e., Evidence gathering Loss of income due to time off work No compensation for costs in criminal

sphere

4

Reducing legal costs through the provision of legal aid

Funding provided by the state and commonwealth governments

Low cost or free legal representation

This is a limited service (Finite funding)

Predominantly Criminal and Family disputes

Budget may be applied meaning party is responsible to cover remaining costs

http://www.legalaid.vic.gov.au/sites/www.legalaid.vic.gov.au/files/vla-resource-grants-of-legal-assistance-guide-and-application-form.pdf

5

Increase state and Commonwealth funding for legal aid services

Greater funding = greater services available for those in need

Improves access to the legal system (in particular civil cases)

Regional areas have inadequate funding and services

VLA is currently providing assistance to government to improve administration of social security benefits to at risk groups

6

Increase the use of alternative (or appropriate) methods of dispute

resolution Increased funding has

been provided to assist with ADR in all courts to assist with early resolution

Reduces court and legal fees

Assists with timely resolution of disputes

Reduces number of trials Assists with more people

accessing the system due to affordability.

7

Expanding ‘no win, no pay/fee’ legal services

Legal firm deducts their fee from any outcome you may receive

Can lower out of pocket expenses for individuals

If you loose, the majority of your legal fees may not be charged to you.

Some fees may be required to be paid such as expert evidence fees.

If you win, the other party may be required to pay your legal fees.

It is a requirement upon you to know the terms and conditions of the ‘No win, no fee’ practice.

8

More efficient use of technology and more effective case management

Utilisation of electronic filing, storage and exchange of documents

Saves court and legal representation time by parties not required to present documents personally to the court

CourtView system trailed in the Supreme Court, to rolled out to all courts and VCAT

Telecourt system. Prisoners can be present via court link (Video) rather than in person.

9

Sentence Indication for criminal offences

Criminal Procedure Act (Vic) 2009 enables this scheme to operate

Allows judges to indicate to the defence what the sanction is likely to be if a Plea of Guilty is to be entered.

Attempts to promote an early PG and hence reduces the number of trials

An early PG enables a discount in the severity of a sanction to be provided.

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Your Turn

Questions 1 – 5 Page 410 of text book