The legal system must operate effectively in resolving disputes. Effective operation allows for just outcomes. For the legal system to operate effectively, three elements must exist:

Entitlement to a fair and unbiased hearing

The law entitles parties to a hearing where they have a sufficient and equal opportunity to present their case, and the adjudication of an impartial judge. A number of rules are in place and followed through to ensure that a hearing is fair and unbiased:

• Strict rules of evidence and procedure: rules of evidence help to ensure that only credible evidence is admitted, and rules of procedure help to reduce costs and delays.
• Consistent hearings: the law is theoretically applied consistently, with offenders who commit similar crimes receiving similar sanctions.
• Right to an open hearing: with the exception of the Children’s Court, court proceedings are open to the public. This helps to ensure transparency in the legal system, and therefore, justice.
• Right to appeal: this allows for parties who are dissatisfied with the outcome of their case a chance to have their case reviewed by a superior court.
• Presumption of innocence: in criminal proceedings, the court presumes the innocence of the defendant. Therefore, the burden of proof rests with the prosecution.
• Right to silence: the defendant does not have to answer questions in court, which upholds their right to a presumption of innocence
• Pre-trial proceedings: in civil proceedings, each party informs the other party of their case before the trial. This encourages transparency and an out-of-court settlement.
• Each party prepares and presents their own case

Effective access to the legal system

In order to ensure a just and effective legal system, dispute resolution mechanisms must be accessible to all members of society. To ensure universal access, the legal system provides for a range of processes and procedures to settle different disputes.

• Civil disputes can be resolved through the courts, or through VCAT, which is generally resolves an issue quickly and without exorbitant costs.
• Criminal disputes are only resolved through courts, but processes, such as committal proceedings, exist to reduce delays and allow for more efficient resolution.
• The Koori court is a specialist court that has been established to help Aboriginal and Torres Strait Islander peoples overcome language and cultural barriers.
• Community legal centres and legal aid services provide low-cost assistance to parties.

Timely resolution of disputes

Disputes must be resolved in a timely manner for social cohesion and confidence in the legal system to exist. If disputes are not resolved in a reasonable time, they may fester in the community. There must, however, be a balance between giving the parties adequate time to prepare an effective case and resolving the dispute in a timely manner.

Presentation of evidence, use of juries and rules of evidence and procedure all may cause delays in the outcome of a case. Ultimately, delays can have direct negative ramifications on the parties involved in the dispute. In civil procedures delays may mean that a party does not receive damages for a long time. In criminal procedures, a defendant may have had their freedom denied by being held in remand, only to be found not guilty.

See also:

Problems and difficulties faced by individuals in using the legal system

Recent changes and recommendations for change in the legal system designed to enhance its effective operation