Possible reforms to the adversary system

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Presentation transcript:

Possible reforms to the adversary system

Relaxation of Rules of Evidence Strict rules of evidence and procedure exist to protect parties to a case from irrelevant or improperly used evidence. BUT They could be relaxed to allow for other pertinent information to be put to the court that could affect the outcome of a trial (eg hearsay, past convictions etc) TIMELY RESOLUTION OF DISPUTES EFFECTIVE ACCESS TO LEGAL SYSTEM

Increased role of the judge The judge currently is responsible for ensuring the rules and procedures are adhered to BUT The powers of the judge could be extended further to become more involved in pre-trial and trial procedures. Including being able to call witnesses and ask questions. An increased role would allow a judge to utilise their skills. Eg: Judges controlling custody cases in Sydney.

Making legal representation more attainable Legal representation is essential in order to assist parties in following the strict laws of evidence and procedure BUT Legal representation is expensive. Increased availability of Legal Aid through increased government funding would result in more people being able to gain access to legal representation. EFFECTIVE ACCESS TO LEGAL SYSTEM

Increased funding for the legal system Devoting more resources to the system will result in more efficiencies. Providing more courts would be a solution. The use of information technology can assist courts with dispensing cases quickly. (electronic filing, video conferencing, online transfer of documents.) TIMELY RESOLUTION OF DISPUTES EFFECTIVE ACCESS TO LEGAL SYSTEM

Further reforms Greater use of ADR Less reliance on oral evidence Greater assistance for self-represented litigants