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BY: Tiarne Page
TOPIC: “Our adversary system of trial works very well. It cannot be improved.” Discuss this statement and indicate the extent to which you agree or disagree with it and justify your conclusion.
The adversary system of trial refers to the system used here in Australia, where two opposing parties prepare and present their case, in accordance with the strict rules of evidence and procedure, before an independent or impartial adjudicator. The adversary system aims to achieve fair and unbiased hearings, effective access to mechanisms for dispute resolution and timely resolution of disputes. Some aspects of the adversary system of trial work very well but there are certain aspects that can do with reform to further improve the adversary system. The adversary system of trial has five main features that add to the overall effectiveness such as the role of the parties, the role of the judge and the need for legal representation. In the adversary system of trial each party is in control and responsible for presenting their own case, with this comes great problems and strength to the case itself. A strength that is attached to the parties having control is that the truth is more likely to emerge, due to each party being empowered to present the strongest evidence and arguments to win their case. Having parties in control of preparing and presenting their case should increase party satisfaction with the legal system and the resolution achieved. However in attempt to win a case, parties may deliberately tamper or omit evidence that may impede the discovery of the truth. Furthermore a party with no or equivalent legal experience will be disadvantaged making it harder for the adversary system to reach a fair and unbiased hearing. The judges role in the adversary system of trial here in Australia is to remain independent and impartial throughout the entire court proceeding. Yet the judge ensures that the hearing or trial remains fair and unbiased by