Advocating Justice For All
Supporting Access to Justice
The LIV believes in access to justice for all and that everyone has the right to legal advice and representation in the jusice systme, regardless of means. Download the Supporting Access to Justice pdf.
Reforming Civil Justice
The LIV is calling for
A continuing commitment by the Victorian government to deliver access to civil justice in Victorian and an efficient dispute resolution process.
Funding Legal Aid
The LIV is calling for
The federal government to:
- Short term: restore per capita funding for legal aid commissions to 1997 levels – a $20 million increase to the amount provided in the 2010-11 federal Budget
- Longer term: restore the federal government share of 
legal aid commission funding to 50 per cent (up from 32 per cent) – this would require an extra $220 million per year
- make the federal government increase conditional on states/territories maintaining their current funding levels
- increase funding to community legal centres and Aboriginal and Torres Strait Islander legal services to ensure parity in services and conditions with legal aid commissions

State governments to:
- agree to involve the legal profession in the negotiation of the new national partnership agreements
- provide a guaranteed minimum level of state funding, which is maintained regardless of variations in public purpose funds
- maintain current funding levels regardless of any increase in Commonwealth funds
Advocating Restorative Justice
The LIV is calling for
The Victorian government to commit to providing increased access to restorative justice programs, by introducing more centres like the Neighbourhood Justice Centre in the City of Yarra and providing more resourcing to the CISP program.
Promoting Appropriate Dispute Resolution
The LIV is calling for
- Courts to encourage and assist in organising Appropriate Dispute Resolution (ADR), but not to be actively involved in providing ADR themselves
- A system that, before court proceedings begin, allows the opposing parties to choose to use ADR, rather than being forced to take part in an ADR process
Reforming Tort Law
The LIV is calling for
Amendment of the Wrongs Act 1958 (Vic), so that:
- the threshold of 5 per cent whole person impairment (WPI) applies to all injuries, other than psychiatric, and is not limited to musculoskeletal injuries under Chapter 3 of the American Medical Association Guides to the Evaluation of Permanent Impairment (4th Edition)
- if the threshold for injuries, other than psychiatric, is lowered to 5 per cent (WPI), the effect of the decision in Mountain Pine Furniture v Taylor [2007] VSCA 146 is overturned
- the impairment threshold for a primary psychiatric injury is 10 per cent WPI
- in addition to prescribed injuries under s28LF, a narrative test of “significant injury” is included as an alternative means of assessing common law damages for pain and suffering
Accessing Interpreters in Civil Matters
The LIV is calling for
- Stage One: A 12-month pilot program to provide interpreters at the legal advice stage of civil proceedings targeting CLCs and practitioners who provide pro bono services
- Stage Two: A 12-month pilot program to provide interpreters at the court stage of civil proceedings, particularly in the Magistrates’ Court - Stages One and Two could occur in parallel
- Stage Three: Building on Stages One and Two, establishment of a grants program to provide civil justice interpreting services in a more specific way
Reducing Risk of Adverse Cost Orders
The LIV is calling for
Amendments to s24 of the Supreme Court Act 1986 (Vic), and similar amendments to the County Court Act 1958 (Vic) and the Magistrates’ Court Act 1989 (Vic), to allow for protective costs orders.
Improving Disbursement Assistance in Pro Bono Matters
The LIV is calling for
Additional funding for Law Aid and amendment to Law Aid scheme guidelines so that funding can be allocated according to access to justice needs.
Streamlining & Simplification of Court Fee Waiver Forms
The LIV is calling for
A single fee waiver form for all Victorian courts and tribunals, based on the federal courts’ model of exemption categories (including where the applicant has a certificate from a pro bono provider) and discretionary waiver in cases of financial hardship.
Improving Access to Justice in RRR Areas
The LIV is calling for
The federal government to provide urgent financial support to encourage recruitment and retention of lawyers in RRR areas, such as:
- FBT exemptions, HECS-HELP relief, monetary allowances for relocation and clinical placements
The state government to support initiatives in RRR areas, such as:
- monetary allowances or bonuses for relocation
- increased opportunities for clinical placements for law students and graduates
- further collaboration with VLA on traineeships
- a scholarship scheme for law students
- cash incentive payments upon completion of a specific time period in RRR areas
Resourcing Courts and Tribunals
The LIV is calling for
- Better access to justice for those with impaired capacity or a disability through reforming and better resourcing the operation of the VCAT Guardianship List
- Resourcing for training and education of staff to improve VCAT’s procedures and procedural fairness across all lists