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Reducing The Cost of Litigation: A Blueprint for Reform By Brian AJ Newman LLB

At, we are specialised employment and human rights advocates, not Australian Legal Practitioners. Our mission goes beyond traditional legal services, focusing on advocating for the rights of employees and human rights in various contexts.

Reducing The Cost of Litigation: A Blueprint for Reform By Brian AJ Newman LLB, Chief Executive Officer and Principal Employment and Human Rights Advocate at 1800ADVOCATES
Reducing The Cost of Litigation: A Blueprint for Reform By Brian AJ Newman LLB, Chief Executive Officer and Principal Employment and Human Rights Advocate at 1800ADVOCATES

The Difference between an Employment and Human Rights Advocate and a Practising Lawyer

Employment and Human Rights Advocates like us may have legal training, but we differ from admitted and practising solicitors in several key ways:

1. Scope of Practice: Advocates focus on representing, supporting, and providing advice on employment and human rights matters. While we may have legal training, we are not licensed to practise law.

2. Advisory Role: We play a significant advisory role, assisting individuals and organisations in understanding their rights and responsibilities. This may include strategic planning, dispute resolution, and policy development.

3. Legal Representation: Unlike practising solicitors, advocates are not authorised to appear before courts. Our role is to support and guide rather than legally represent in a court of law.

We do represent people in the Fair Work Commission and all other Industrial Relations Tribunals and Commissions, as well as all Human Rights Tribunals and Commissions.

We also attend in person investigations and interviews throughout the processes our clients are involved in.

4. Cost-Effective Service: Advocates often provide more accessible and cost-effective solutions tailored to employment and human rights needs.

What we think about "Ongoing Costs Review" and Reform concerning Law Firms and traditional "legal fees"

141. A Specialist Costs Council The establishment of a specialised Costs Council as a division of the Civil Justice Council is paramount. This council would, in consultation with stakeholder groups: - Review the implemented recommendations about costs. - Investigate additional matters in relation to costs. - Carry out or commission further research concerning costs. - Consider other reforms in relation to costs as deemed appropriate.

142. Costs Disclosure Transparency in the disclosure of costs is crucial. The court should have an express power to require parties to disclose estimates of costs, actual costs incurred, and protect information that might have confidential or privileged significance. 143. Fixed or Capped Costs While the idea of fixed or capped costs is attractive, there are practical challenges. It is proposed that these be developed in particular areas of litigation, with extensive consultation and agreement with stakeholders. 144-151. Taxation and Scales of Costs Reforms include simplifying the taxation of costs, revising court scales, and considering a common scale of costs across courts. Presumptive rules and flexible recoverable costs principles must be applied as well. 152. Cost of Disbursements Prohibition on law firms profiting from disbursements, like photocopying, is essential, with outlined guidelines to ensure fair and reasonable charges.

Conclusion These reforms represent a comprehensive approach to reducing the cost of litigation and making justice more accessible. Collaborative efforts among legal professionals, courts, and stakeholders will be crucial in implementing these changes effectively. At, we are steadfast in our commitment to making the legal system more transparent, fair, and attainable, leveraging our unique position as employment and human rights advocates. Get to Know Our CEO Want to know more about our CEO? Visit his profile page to get in touch and discover the story of Brian AJ Newman LLB, the 1800ADVOCATES CEO. Brian's leadership and commitment to the field of human rights and employment advocacy set the tone for our organisation's work. Learn more about his journey and vision at []( Stay tuned for more updates and feel free to contact 1800ADVOCATES for professional assistance in employment and human rights issues.

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