1
osts_Yourrighttoknow.aspx osts_Yourrighttoknow.aspx struggle-to-make a-year-study/story-e6frfm1i struggle-to-make a-year-study/story-e6frfm1i and-legal/legal/legal-billing.aspx and-legal/legal/legal-billing.aspx ate_business/directors_and_officers/statutory_liability_and_legal _costs/case_studies.html ate_business/directors_and_officers/statutory_liability_and_legal _costs/case_studies.html 2
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 3
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 gov.au/sites/ id.vic.gov.au/files/vla- resource-grants-of-legal- assistance-guide-and- application-form.pdf gov.au/sites/ id.vic.gov.au/files/vla- resource-grants-of-legal- assistance-guide-and- application-form.pdf 4
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 5
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. 6
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. 7
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. 8
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. 9
Questions 1 – 5 Page 410 of text book 10