Australia’s justice system still protects the wealthy

Inequality is most acute in criminal justice; the poor are still disproportionately incarcerated, writes Gerry Georgatos.

THE LEGAL SYSTEM adopts the principle that everyone is equal before the law as its most sacred principle. Courts routinely invoke this axiom, legislatures purport to legislate accordingly, and societies are reassured by the promise that justice is blind. However, this claim is not confirmed in reality. Inequality before the law is no exception; It is a systemic and structural norm that transcends class, race, gender and economic capacity. To put it bluntly, it is not true that everyone is equal before the law.

The path to equality is through equality; The path to justice is justice. If not everyone has equal access to the law due to prohibitive costs, deep-seated power imbalances, and systemic biases, then the legal system itself is compromised, if not destroyed. This article argues that the Australian justice system, like many other systems globally, is subject to exorbitant legal costs and is monopolized by wealthy individuals. This creates a reality where the poor are incarcerated at higher rates, the marginalized are silenced, and the rich manipulate the law to their own advantage.

The myth of equality before the law

The idea that everyone is equal before the law is deeply embedded in legal culture. It has its origins in Enlightenment philosophy, constitutional frameworks and declarations of rights. But even in its initial statements, the claim was aspirational rather than descriptive.

In reality, courts regard equality as a matter of form, but operate in an environment of marked inequalities of substance. Those who appear before the court do so with very different resources, capacities and sensitivities. The failure of the legal system lies not only in its failure to recognize these inequalities, but also in its ability to perpetuate and profit from them.

Consider the aphorism “Justice delayed is justice denied.” Justice for the impossible is not just delayed; is completely rejected. Equality before the law, the lack of equal access to the law, is an illusion.

The usurpation of wealth and justice

The biggest distortion of equality before the law is in the financial field. Legal costs in Australia are known to be prohibitive. The senior advisor commands daily rates comparable to the annual income of many Australians. Large companies commoditize every moment of interaction and bill in six-minute increments. For ordinary people, filing a lawsuit is not a valid way; is financial ruin.

This creates a two-tier system:

• For the rich, law is a tool of protection, a weapon, and sometimes a shield against accountability.

• For the poor, the law is a threat, a site of dispossession, and a mechanism for punishment.

The commodification of justice means the usurpation of law itself. While lawyers and firms make obscene profits, access to civil, criminal or administrative remedies remains closed to the majority. This isn’t just a matter of inefficiency; It is humanity’s most painful indictment. When wealth determines access to the law, the system ceases to be fair.

Incarceration and inequality

Inequality is most evident in criminal justice. The poor are disproportionately incarcerated. They lack the resources for an adequate defense, cannot afford bail, and are forced to plea bargain. In contrast, individuals with financial resources can mount lengthy defenses, enjoy procedural advantages, and sometimes avoid conviction altogether.

Consider the overrepresentation of First Peoples in custody. Aboriginal and Torres Strait Islander people make up less than 4 per cent of Australia’s population but make up almost a third of the prison population. This is not only a racial inequality, but also a class inequality based on the legacy of colonization, dispossession, and poverty.

Meanwhile, illegally wealthy organized crime networks often evade justice through high-quality legal representation. Thus, the system punishes the poor and protects the powerful.

Case studies in civil law

Insult

It is known that in Australia, defamation is the “tort of the rich”. High-profile politicians, business leaders and celebrities use libel law as a weapon to silence critics. The average citizen cannot afford to initiate or defend such action. As a result, reputation compensation is reserved for the rich, while the poor are left vulnerable to slander or oppression.

Inheritance and testament

Succession disputes are similarly skewed. When a will is contested, litigation costs can consume the entire estate, the deceased’s wishes can be overturned, and heirs can be disinherited. Wealthy parties may drag out the case until poorer relatives agree. The principle that the law will uphold the deceased’s intentions is crumbling under the weight of financial depreciation.

commercial litigation

In commercial law, multinational corporations dominate cases through sheer financial power. Smaller organizations (small businesses, unions or individuals) are forced to settle for unfavorable terms or withdraw altogether. The trial becomes not a means of determining justice, but a battlefield of attrition where the deepest sections win.

Classist and racist tirade

Injustice is not just racial or economic; both of them. The poorest fifths of society (indigenous or non-indigenous) are excluded from real participation in the legal system. The top fifth of the income base and multinationals dominate the proceedings. The remaining four-fifths of society are falling behind financially and do not have a “seat at the table” as equals.

This creates a classist tirade that compounds the racist. First Peoples have been doubly marginalized by poverty and systemic racism. Refugees and immigrants face similar inequalities. Even among non-racial minorities, class stratification ensures that the poor are silenced.

Constitutional and legal remedies

If equality before the law is to be anything more than rhetoric, constitutional and legal interventions are required.

Constitutional possibilities

while Australian Constitution Since there is no explicit equality clause, ad hoc interpretations can be developed.

For example:

• Section 51(xxix) (External Affairs jurisdiction): Used to incorporate international human rights agreements that protect equality before the law, including the ICCPR and ICESCR.

• Implied principles: Just as the Supreme Court recognizes implied freedoms (such as political communication), it may also recognize the implied guarantee of substantive legal equality.

legal interventions

Parliament can legislate to make justice affordable:

• setting caps on legal fees in certain matters;

• Significant increase in legal aid funding;

• making gratuitous quotas mandatory for large companies; And

• creating courts with simplified procedures for handling probate, contempt and minor criminal matters.

Case study: Industrial relations tribunals

The Fair Work Commission shows that simplified legal frameworks can resolve disputes in a cost-effective and accessible way. Extending such models to civil and criminal contexts would democratize justice.

Restoring discursive justice

Law must rediscover its discursive functions: mediation, arbitration, negotiation and healing. These processes, when affordable and accessible, reduce enemy harms and produce lasting results. However, when driven by profit, even Alternative Dispute Resolution (ADR) becomes prohibitively expensive.

Restoring discursive justice requires state support, community-based justice models, and traditional methods, particularly Indigenous practices such as vicious cycles that prioritize restoration over punishment.

Towards a better humanity

The law should not be a marketplace where obscene wealth buys justice. This should be a common good, there should be public trust. \

Reclaiming equality before the law requires systemic change:

• Recognizing that affordability is as central as the principle;

• ensuring that excluded people have genuine access to remedies; And

• preventing corporations and the wealthy from monopolizing results.

This is not just a legal reform but also a moral imperative. In order for humanity to progress towards a better point, law should be a field where every individual is equal, regardless of their wealth.

Solution

The path to equality is through equality; The path to justice is justice. For too long, the claim that everyone is equal before the law has been an empty promise. Marred by obscene costs and structural inequalities, the Australian legal system systematically denies justice to the poor and marginalized while empowering the wealthy.

To transform this, we must look to constitutional interpretation, legal reforms and community-based justice. Case studies in defamation, succession and criminal justice demonstrate the urgency. Unless access is affordable, justice will remain the privilege of the few.

The greatest step forward for humanity is to reclaim the law as the place of true equality. This means removing financial barriers, addressing systemic biases, and not just asserting but affirming that everyone is truly equal before the law.