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Discuss the extent to which the Victorian Civil and Administrative Tribunal (VCAT) can overcome two weaknesses of civil pre-trial procedures. - VCE - SSCE Legal Studies - Question 12 - 2014 - Paper 1
Question 12
Discuss the extent to which the Victorian Civil and Administrative Tribunal (VCAT) can overcome two weaknesses of civil pre-trial procedures.
Worked Solution & Example Answer:Discuss the extent to which the Victorian Civil and Administrative Tribunal (VCAT) can overcome two weaknesses of civil pre-trial procedures. - VCE - SSCE Legal Studies - Question 12 - 2014 - Paper 1
Step 1
Weakness 1: Complexity of Pre-Trial Procedures
Answer
One significant weakness of civil pre-trial procedures is their complexity, which can lead to confusion and frustration for parties involved. VCAT seeks to simplify this process by providing a more straightforward framework for dispute resolution. For instance, VCAT allows parties to present their cases without the need for extensive legal formalities that are commonly found in the court system. This accessibility encourages more individuals to engage with the legal process without the fear of being overwhelmed by procedural intricacies.
Step 2
Weakness 2: Cost of Pre-Trial Procedures
Answer
Another major weakness is the high cost associated with traditional civil pre-trial procedures, which can often discourage individuals from pursuing their claims. VCAT addresses this issue by offering a more cost-effective alternative. The fees associated with filing a case at VCAT are generally lower compared to higher courts, and the tribunal often promotes self-representation, which reduces legal fees. This approach aims to make justice more accessible to a wider audience, allowing more parties to seek resolution for their disputes without incurring excessive costs.