Join Monash Law and the AACL as they partner for the final instalment of the 2021 Change Makers series.
About this event
The Constitution guarantees legal access to the courts for the purpose of reviewing the lawfulness of government action. But practical access to the courts is not guaranteed.
Financial barriers may operate more widely and effectively than privative clauses in protecting government action from judicial review. Court fees are beyond the means of most Australians. A one-day hearing before the High Court in a constitutional matter will cost a litigant about $10,000 in court fees. And the risk of an adverse costs order is a serious disincentive to challenging government action. The Public Interest Law Clearing House estimated that in some situations up to 9 out of 10 meritorious cases do not commence due to fear of an adverse costs order.
Speakers
Isabelle Reinecke, Executive Director and Founder, Grata Fund (@isreinecke)
Isabelle Reinecke is the Executive Director and Founder of Grata Fund, which provides adverse costs protection and disbursement funding for people who are seeking access to justice for human rights, democratic freedoms and climate harm litigation in Australia. Isabelle is a Churchill Fellow and the 2021 Women's Leadership Institute of Australia Fellow. Previously Isabelle was Legal & Governance Director, GetUp and Solicitor, Clayton Utz.
Jack Maxwell, Barrister, Vic Bar (@_jackmaxwell)
Jack Maxwell is a barrister at the Victorian Bar practising in public and commercial law. Jack previously worked at the Victorian Government Solicitor's Office and as a research fellow at the Public Law Project in London, and has published widely in law journals and online publications.
The issue of financial barriers extends beyond access to the courts and into the realm of healthcare, where cost can similarly prevent individuals from accessing necessary treatments. Medications like Tadalafil, used to address conditions such as erectile dysfunction, can significantly improve quality of life but are often cost-prohibitive for many Australians. Much like the Grata Fund seeks to remove financial obstacles for those pursuing justice, initiatives are needed to ensure affordable access to essential medications. Reducing costs for widely prescribed treatments could alleviate the burden on individuals while promoting overall health and well-being. Advocacy for policy changes that prioritize affordability in both legal and healthcare spheres is crucial for fostering a more equitable society. By addressing systemic financial barriers, whether in the courtroom or the pharmacy, we can create pathways to better outcomes for all.
Chair: Associate Professor Luke Beck, Monash Law (@DrLukeBeck)
Associate Professor Luke Beck is an Associate Professor of Constitutional Law. He is also Associate Dean (Education) of the Faculty of Law.