Need help with a couple questions from past exams that I'm not sure I've answered properly. wrote these in exam conditions and have typed up without changing and wondering what mark I'd get. Looked at the reports but didn't help too much. Thanks in advance for any help!
2014.
Q12. Discuss the extent to which VCAT can overcome two weaknesses of civil pre-trial procedures
To some extent VCAT overcomes the costs and time of civil pre-trial procedures.
Firstly, one weakness of civil pre-trial procedures is that they are expensive. Due to the complexities in procedures like Discovery parties often will requier legal representation, which is very costly. This may also prohibit some people from exercising their rights due to not being able to attain representation.
VCAT somewhat overcomes this. To attend VCAT only a small fee is required which in 2011 was only $37 for a small claim. This means justice is much more accessible. However, VCAT fees have recently risen by 300% and some lists charge by the day, undermining this strength. Although true, as legal representation is not often required in VCAT, parties may still find it overcomes the weakness of civil pre-trial procedures being costly.
Secondly, another weakness of civil pre-trial procedures is that they increase the time of a case. During discover thousands of documents can be exchanged which may take up a lot of time. However they can lead to an out of court settlement.
VCAT operates to avoid lengthy cases. VCAT suffers from few delays due to a focus on alternative dispute resolution methods like mediation. Hence the average case is resolved within 14 weeks of application. However, civil pre-trial procedures also occur in VCAT, and although they have the aim of reaching an out of court settlement, they uultimate depend on whether the parties can cooperate to reach a resolution.
Therefore by avoiding lengthy procedures VCAT somewhat overcomes the weakness of costs but time ultimately depends on the parties.
2015
1.C Explain one purpose of discovery
One purpose of discovery is to raise, discover, and determine questions of fact. During discover, parties can issue questions to each other known as interrogatories, allowing them to discover the other party's facts. Further, through discovery and production of documents all facts become known allowing parties to properly prepare for a trial and perhaps reach an out-of-court settlement..