Why Representation and Resources are Critical to Access to Justice in Minor Civil Jurisdictions: the Experience of Advisory Services in Minor Civil Claims


Margaret Castles, David Caruso, Associate Professor Anne Hewitt


Invited, Forthcoming: University of New South Wales Court of Conscience Journal


This article argues that appropriate involvement of the legal profession in minor civil proceedings, rather than its exclusion, will best facilitate efficient proceedings and ensure rectitude of outcome. We recommend that initiatives are implemented to: (i) ensure that legal advice is more accessible to parties; (ii) provide more targeted, matter specific advice regarding the utility, process and benefits of ADR to individuals involved in litigation; and (iii) facilitate the provision of unbundled legal advice on an ‘as needs’ basis. These recommendations partly derive from the experience of the authors in administering pro bono legal advisory clinics in the Adelaide Magistrates Court and the work of the litigation research unit within the Law School of the University of Adelaide.

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