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Explain one reason for using representative proceedings - VCE - SSCE Legal Studies - Question 2 - 2022 - Paper 1
Question 2
Explain one reason for using representative proceedings. Drivers must pay tolls, or fees, to a privately owned company to use certain Victorian roads: CityLink and ... show full transcript
Worked Solution & Example Answer:Explain one reason for using representative proceedings - VCE - SSCE Legal Studies - Question 2 - 2022 - Paper 1
Step 1
Explain one reason for using representative proceedings.
Answer
One primary reason for using representative proceedings is to ensure that individuals with similar claims can seek justice collectively without the burden of pursuing their cases independently. This is particularly beneficial in situations where the costs of individual litigation may outweigh potential recovery amounts, making it economically unfeasible for any single plaintiff to bring a claim. Representative proceedings allow the affected individuals to pool resources, share costs, and present a unified case, which can enhance the overall effectiveness of the legal process. This is crucial in cases such as toll fine disputes, where many individuals may face similar injustices.
Step 2
Drivers must pay tolls, or fees, to a privately owned company to use certain Victorian roads: CityLink and EastLink.
Answer
This sub-part highlights the obligation of drivers to pay for the use of certain roads, establishing the context in which legal assistance becomes necessary due to potential non-payment and subsequent legal penalties.
Step 3
Step 4
Victoria Legal Aid (VLA) and Victorian community legal centres (CLCs) provide legal assistance to people who must pay these fines.
Answer
This indicates the role of VLA and CLCs as vital support systems for individuals facing legal challenges due to unpaid tolls, ensuring access to justice for those who cannot afford representation.
Step 5
Based on their experiences providing legal assistance to these people, VLA and a group of Victorian CLCs are calling for change for their communities by recommending reforms to the management of toll road debt recovery through the criminal justice system.
Answer
This reflects the broader systemic issues arising from toll debt recovery practices, with the VLA and CLCs advocating for reforms based on their direct experiences with affected individuals, indicating the need for a more equitable approach to justice in such matters.