Access to the courts is vital for an effective legal system

 An effective legal system must be accessible; that is, individuals must be able to use the legal system to resolve their disputes. To be able to access the legal system individuals must be capable of paying the legal costs and fees associated with seeking legal advice, taking a case to court and undertaking an appeal if necessary

 Courts are arranged in a hierarchy to allow for specialisation and administrative convenience. ◦ aims to assist a more efficient and timely resolution of disputes and improve access to the courts. ◦ Cases to be resolved within the court system are allocated to courts according to the seriousness of the matter, - develop their expertise ◦ Can increase the speed at which a case is resolved and subsequently lower some of the costs associated with taking a case to court.  The existence of specialised courts and lists ◦ Can deal with matters in an informal and more efficient manner, and improve access to the courts for those who may belong to a disadvantaged group or have special needs. For example, the Koori Court, the Drug Court and the Family Violence Court Division. ◦ Specialised courts can also increase the ability of the legal system to provide a fair hearing because the courts focus on achieving an outcome that addresses any pre-existing issues that might have significantly contributed to an individual committing an offence in the hope of reducing the risk of reoffending and improving the offenders' wellbeing.

 One of the main factors that limits individuals from accessing or using the legal system to resolve their disputes is the high cost associated with taking a case to court.  Each party is responsible for, and incurs the costs associated with, the preparation and presentation of its case including court fees, the cost of legal representation (legal fees) and any costs involved with the gathering of evidence (such as charges for independent forensic testing and expert witnesses).  Compounded by the fact that, due to the complex pre-trial procedures and strict rules of evidence and procedure that exist within the trial process, legal representation is vital and parties without it will be at a disadvantage.

 Increase the provision of legal aid services  The Commonwealth and state government provide funding for legal aid so that individuals who cannot afford legal assistance have an opportunity to obtain free or low cost legal representation.  An ongoing problem associated with the provision of legal aid, however, is that government funding is limited and services are therefore restricted.  Legal aid is generally only available for those on very low incomes and is mainly granted in criminal and family matters (which take priority over other civil disputes).  Low funding also limits legal aid services in regional areas where individuals find it particularly difficult to access legal advice and assistance.

 Expand ‘no win, no pay’ legal services  The expansion of legal firms offering ‘no win, no pay’ services for civil cases, where the legal firm deducts their fee from any damages awarded to a successful client, has increased access to the legal system. Under the system, if the client loses the case, most of their legal fees do not have to be paid, although some fees must be paid regardless of win or loss and the court can order the losing party to pay the opposing party's legal fees. This feature may assist some people who genuinely believe they have a case but are unable to afford the cost of initiating proceedings, including the gathering of evidence and engagement of legal representatives.

 All courts within the Victorian Court hierarchy are now committed to resolving civil disputes in the most efficient manner possible, which includes using a range of dispute resolution methods, including mediation, conciliation and arbitration, in addition to judicial determination.

 can increase the cost and stress associated with undertaking court action, and deter individuals from using the court system and pursuing their rights.  Delays may be caused by various factors including parties being unaware of their rights and unable to find legal assistance, and the time involved with gathering evidence and obtaining forensic testing.  Although it is expected that unavoidable delays will occur in the court process, various procedures and processes exist to help reduce delays within the court system, including the: ◦ use of directions hearings prior to criminal and civil trials to clarify legal issues, allow parties to make admissions regarding the facts of the dispute, and set time limits for the exchange of information to help facilitate a faster and more efficient resolution or trial ◦ use of pre-trial conferences prior to civil trials to encourage the parties to discuss and clarify the issues in dispute and reach an early settlement ◦ use of information technology to provide for the electronic filing, storage and uploading of court documents. ◦ increasing use of ADR ◦ increasing use and development of specialised courts.

 Courts provide a formal approach to dispute resolution where strict procedures and rules of evidence are followed.  can be intimidating and confusing and may discourage some individuals from pursuing court action.  a certain level of formality is desirable, various initiatives including increasing use of specialised courts, allowing barristers to choose not to wear traditional robes and wigs, and the modernisation and simplification of the language used in the courtroom and legal documents have helped to reduce the formality of the courts.