Time

• Things that take time and cause delays 

  • Backlog of the courts and VCAT. 
  • Complex and lengthy pre-trial procedures.
  • Evidence gathering and preparation for a hearing/trial.
• Issues

  • May avoid initiating a case bc it would take too long to resolve. 
  • Delays in getting an outcome can cause stress and inconvenience.
  • A party may settle their claim for less than it’s worth to speed things up - Or they may withdraw their claim entirely. 
  • Delays also add to the overall cost of pursuing a claim.   
  • The reliability of evidence may suffer due to delays.
• Case management powers can help to reduce delays by:

  • Ordering the parties to attend mediation or some other form of dispute resolution method.
  • Limit the scope of discovery to ensure it does not take too long.
  • Limit the numbers of witnesses.
  • Restrict the time for final hearings.
• Measures to reduce delays

  • Some matters can now be dealt with “on the papers”, avoiding the need for an in-person hearing. Both the courts and VCAT offer this in some cases. This means a decision is based solely on written documents provided by the parties and can result in a faster outcome without the need for the parties to present their case at a hearing.
  • The increased use of online methods to resolve disputes, including holding hearings and mediations online can help to reduce the backlog of courts.