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Civil law under review
4 September 2006
The cost, complexity and speed of civil law cases will come under review in a new Victorian Law Reform Commission project.
The government has given the commission one year to provide an overview of the principles and objectives driving the civil legal system and identify areas for future law reform.
Class actions, expert witnesses and abuse of process will all come under the microscope, as will alternative methods of dispute resolution and the rules governing civil trials.
New full-time commissioner Associate Professor Peter Cashman will head the project, which could be a precursor to an indepth review of the system at a later date.
“We will consult widely within the legal sector and conduct research to identify what needs to change to improve the accessibility of the civil system and reduce costs,” Dr Cashman said.
“Victoria currently has a mish-mash of rules and regulations across the courts which need to be harmonised to produce more efficient outcomes for everyone involved.”
Dr Cashman is a former president of the National Australian Plaintiff Lawyers’ Association, a founder of the national legal firm Maurice Blackburn Cashman, and founding director of the Public Interest Advocacy Centre. He was joint commissioner in charge of the Australian Law Reform Commission’s inquiry into class actions in 1986–1987 and has lectured in civil litigation at the University of Sydney.
The review will cover all types of civil cases, from the Magistrates’ Court up to the Supreme Court, and will call on the courts, the legal profession, businesses, government departments and any other interested parties for their views on possible reform.
The review’s terms of reference are on the VLRC website: www.lawreform.vic.gov.au. The civil system covers all cases which are not criminal or church law.