LLB197 Lecture Notes - Lecture 11: Nicola Roxon, Collaborative Law, Therapeutic Jurisprudence
TOPIC 10: Access to justice – the role of the legal profession + legal culture and future
direction + issues
Facilitating access to justice
Legal Aid
- how does it work?
- who is eligible? Mean test/merits test?
- which matters?
Community Legal Centres
- What are they/what do they do?
- Limitations
Facilitating access to justice – private practice
Conditional costs agreements – but uplift fees may apply. Claim/defence subject to ‘reasonable
prospects of success’ – s. 61 and 62 and Sch 2, cl 1- 6 of LPUL Application Act 2014 (NSW) (see p. 137 &
277-8 text).
Litigation lending (see p. 138 text).
Class actions, test cases (see p. 139-40 text).
Legal aid (see pp. 140-142 text)
Pro Bono (see pp. 142-144 text)
A duty to facilitate access to justice? (possible exam q)
Do lawyers have a duty to facilitate access to justice?
- proper administration of justice?
- monopoly on legal services
- pro bono: should it be mandatory?
- criticism of pro bono (see pp 150-4)
Role of law schools?
Alternative dispute resolution
“It is in the interests of the profession to resolve as many disputes without litigation and formal hearings” (Jeff
Shaw, then NSW A-G, 1999)
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Topic 10: access to justice the role of the legal profession + legal culture and future direction + issues. Conditional costs agreements but uplift fees may apply. Claim/defence subject to reasonable prospects of success" s. 61 and 62 and sch 2, cl 1- 6 of lpul application act 2014 (nsw) (see p. 137 & Class actions, test cases (see p. 139-40 text). A duty to facilitate access to justice? (possible exam q) Criticism of pro bono (see pp 150-4) It is in the interests of the profession to resolve as many disputes without litigation and formal hearings (jeff. She further said it was important for lawyers to play a greater role in helping litigants understand the benefits of alternative dispute resolution and to find better ways to access the legal system. See http://www. smh . com. a u/na tio nal/ ro xo n-r ails-at-c ou rt-ov er use. Legal profession uniform law australian solicitors conduct ruls 2015 (nsw) ( uniform conduct rules (solicitors)")
