Costs

• The costs associated with resolving a dispute:

  • Legal representation.
  • Court fees (filing/hearing fees).
  • Expert witnesses.
  • Mediators.
  • Jury. 
  • Adverse costs order.
• Issues

  • Some parties may be forced to self-represent due to high costs which can have a negative impact on the outcome of their case.
  • Most civil parties are not able to access legal aid, because most of the legal aid funding is spent on aid for criminal and family law cases, not civil disputes. 
  • Some people may feel pressure to settle the matter or withdraw their claims as they can’t afford to take it to trial.
  • Some people may avoid initiating a claim in the first place.
• Measures to address costs

  • Resolving the dispute as early as possible will help the parties avoid significant costs. This is aided by the use of case management by the magistrate and judge as they can help to narrow the issues in dispute or order the parties to mediation.
  • The use of CAV and VCAT to help resolve disputes without the need to go to court. Cheaper: CAV is free, less need for representation
  • The use of litigation funders and “no win no fee” agreements for class actions.
  • The provision of pro bono assistance to individuals.
• Pro Bono example: Justice Connect is an organisation that assists vulnerable people in the community