Don’t forget ‘human experience’ of court: chief justice

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Chief Justice James Allsop has said there would be clear lines about when cases were conducted online or in person, with most pre-trial hearings going remote.

Federal Court Chief Justice James Allsop has challenged the court system to consider “the human experience” as it adopts a mix of physical and remote hearings after two years of disruption caused by COVID-19.in Melbourne on Thursday there would be clear lines about when cases were conducted online or in person, with most pre-trial hearings going remote.

“In many respects the experience was second-rate by comparison to normality, but there was no alternative. But it gave insight into what was possible,” he said.However, he said the law and courts were not “all about abstractions, systems, rules and definitions” and some calls for digitisation “strike me as potentially overambitious”.

Chief Justice Allsop said it had been “promising to observe the open-mindedness of the profession and parties to run matters” using online platforms.“The success of technology and its adaptation in the courtroom is, however, to be measured by the experiences of the people involved, particularly those who rely on the court and those whose liberties are at risk: it is the lived experiences of those people which require the greatest attention.

He said taking hearings online had been of particular benefit to regional and interstate clients and lawyers.“It can widen the available pool of counsel and create a truly national bar where clients can choose from counsel all around the country to argue their case.

 

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They key priority is getting through the backlog caused by lockdowns, whatever it takes. There’s more than 100,000 family & domestic violence cases outstanding, caused by lockdowns, and this is mostly affecting Women & children. Negatively.

How about the victims experience, remember that. 🤦

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