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It’s our last one YAY!.  Remember FAT ElementMeaningWays it is achieved (F) Entitlement to a fair and unbiased hearing Based on natural justice, a fair.

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Presentation on theme: "It’s our last one YAY!.  Remember FAT ElementMeaningWays it is achieved (F) Entitlement to a fair and unbiased hearing Based on natural justice, a fair."— Presentation transcript:

1 It’s our last one YAY!

2  Remember FAT ElementMeaningWays it is achieved (F) Entitlement to a fair and unbiased hearing Based on natural justice, a fair and equal chance to present your case, with a decision based on evidence only Independence of the judiciary Strict rules of evidence (A) Effective access to dispute resolution People need to have the time, money, knowledge and physical access to resolve disputes Tribunals Country court sittings Legal aid Interpreters (T) Timely resolution of disputes Disputes must be resolved in an appropriate time. Parties also need adequate time to prepare. Case management Pre-trial procedures ADR

3 ElementProblem Fair and unbiased hearingIncreasing media reporting on trials can influence jurors. Important evidence can be excluded on technicalities by experienced barristers. Access to dispute resolutionStrict merit test for Legal Aid usually requires the defendant to plead guilty to get funding. Free interpreters have been removed from the County Court and the Supreme Court. Timely resolutionMediation is often compulsory before civil trials but can prolong proceedings if unsuccessful. Insurance companies often delay until injuries have been stabilised or the plaintiff has died, which also reduces damages.

4 ElementReform Fair and unbiased hearingJudicial training in issues relating to race, ethnicity and use of interpreters. Broadening the pool of jurors by decreasing the prosecution’s peremptory challenges, and limiting the categories of excused and ineligible. Access to dispute resolutionIncreased funding for Legal Aid. Koori Courts for sentencing. Inquisitorial elements brought into the Family Court. Timely resolutionCompulsory mediation before Supreme Court civil trials. Directions hearings. Increased jurisdiction of the Magistrates’ Court.

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6 Element Fair and unbiased hearingAllow deaf and blind people to sit on juries. Provide guidelines for juries calculating damages to achieve more consistency. Access to dispute resolution Re-introduce free interpreters into the County Court, the Supreme Court and the Court of Appeal. Increase VCAT jurisdiction to include more matters, such as fencing disputes. Timely resolutionIntroduce compulsory mediation for County Court civil trials as well. Allow simple trials to be conducted on the basis of documentary evidence.


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