The Adversarial SystemThe Adversarial System

What is the Adversarial system?What is the Adversarial system?

The system of dispute resolution used in Australia.

Resolution of conflict

Relies on an impartial third party

Trial is a contest between two parties.

HistoryHistory

Established in England

Most used in countries settled by British.

These countries known as common law countries.

Where is it used now?Where is it used now?

EnglandAustraliaNew Zealand CanadaIndia

Aims of the Adversary systemAims of the Adversary system

Provide an impartial third party

Assumption of “innocent until proven guilty”

The search for the truth

To provide a just, timely and affordable means of dispute resolution

Advantages?Advantages?

• The judge/ jury are an impartial third party. Non-bias.

• Each of the parties has access to legal representation

• Strict rules in relation to evidence

• Rules of procedure-equality

More advantagesMore advantages

Role of the parties- responsibility to build the best case possible

Every person is treated equally , until a claim is proven

Disadvantages?Disadvantages?

Parties may not exercise rights due to costs of case

Jury may not have any or little education/training

Expertise of judge wasted

More disadvantagesMore disadvantages

• The cost may deter legal action

• Proceedings may take a significant time

• All evidence does not have to be presented in court

• Witnesses must only answer asked questions

• Search for the truth becomes secondary to the will to win

Alternatives: The inquisitorial Alternatives: The inquisitorial systemsystem

Used in Europe.The key features:Legal representation

is compulsoryHearsay is admissiblePrior convictions

impact outcome of trial

Judge conducts witness questioning

How could the system improve?How could the system improve?

AffordableTimelyJury-Unanimous?Switch to the

inquisitorial?All evidence to be

submitted to the courts

Thank-youThank-you