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Explain one reason for using representative proceedings - VCE - SSCE Legal Studies - Question 2 - 2022 - Paper 1
Question 2
Explain one reason for using representative proceedings. Drivers must pay tolls, or fees, to a privately owned company to use certain Victorian roads: CityLink and ... show full transcript
Worked Solution & Example Answer:Explain one reason for using representative proceedings - VCE - SSCE Legal Studies - Question 2 - 2022 - Paper 1
Step 1
Explain one reason for using representative proceedings.
Answer
Representative proceedings, or class actions, are utilized to allow multiple individuals with similar claims against a common defendant to pool their resources and pursue a legal action collectively. This mechanism is beneficial as it can lead to more efficient resolution of claims and reduce the burden on the court system. Rather than having thousands of individual cases filed separately, representative proceedings enable a single action to represent the interests of all affected parties, making the process quicker and more cost-effective, ultimately enhancing access to justice for those who may not have the financial means to pursue individual claims.
Step 2
Drivers must pay tolls, or fees, to a privately owned company to use certain Victorian roads: CityLink and EastLink. Failure to pay these tolls results in a fine. Victoria Legal Aid (VLA) and Victorian community legal centres (CLCs) provide legal assistance to people who must pay these fines. Based on their experiences providing legal assistance to these people, VLA and a group of Victorian CLCs are calling for change for their communities by recommending reforms to the management of toll road debt recovery through the criminal justice system.
Answer
In this context, VLA and CLCs advocate for the reevaluation of the current system of toll debt recovery, emphasizing the need for more equitable processes. They suggest that the current reliance on punitive measures for debt recovery may disproportionately affect vulnerable individuals who are unable to pay fines. The recommended reforms aim to introduce more supportive measures that consider the financial circumstances of the debtors, potentially alleviating the strain on the court system while ensuring fair treatment for all individuals facing toll debts.