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August 22, 2019, 06:23:19 am

Author Topic: TIME FACTORS & PRINCIPLES OF JUSTICE  (Read 525 times)  Share 

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talixxa

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TIME FACTORS & PRINCIPLES OF JUSTICE
« on: June 14, 2018, 06:24:05 pm »
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Hi,

Can someone help me identify the way time factors (court delays or VCAT time or appeal processes) (any of them) affect the ability of the civil justice system yo achieve the principles of justice (equality, access and fairness). I know I have to link on time factor to the principles of justices and how they achieve or not these principle, but I struggle with that.

Hope it makes sense and someone can help!

Thank you

Talixxa

DoctorTwo

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Re: TIME FACTORS & PRINCIPLES OF JUSTICE
« Reply #1 on: June 14, 2018, 10:24:13 pm »
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Fairness- Court delays may lead to witnesses forgetting important information, so they cannot testify all of their relevant evidence, and one party may be unfairly disadvantaged as a result.
Equality- This is a stretch, but further delays makes the cost of legal representation more expensive, as they will need to be employed the whole time, so one party may be forced to acquire less skilled representation, or no representation.
Access- Changes to appeals processes in the High Court mean that more appeals can be heard quicker, as they are determined on the papers, not at an oral hearing, so those with a good chance of success should have their appeal heard earlier.