Courts use technology to continue during coronavirus pandemic

There is perhaps no more essential principle to Australian society than free and open justice.
And that’s why, despite thousands of businesses and services being sacrificed to help stop the spread of Coronavirus, our Court systems remain operational.
However, not even justice is immune from the virus’s impact and radical changes have swept through the entire system to continue vital proceedings safely.
On 24 March, NSW Criminal Courts made the unprecedented call to ban most personal appearances. Barring cases carrying exceptional circumstances that require a face-to-face hearing, technology is being used to carry-on proceedings remotely through video conferencing, telephone and email. While all current jury trials were scheduled for completion at the time of print, new jury trials were suspended on 15 March.
The move has also been made for all documents to be lodged online, a policy that has been duly embraced by the Family and Federal Courts.
Family Courtrooms have been limited to a total of eight persons, and wherever possible, proceedings are taking place remotely.
Due to these compromised conditions, the pandemic will undoubtedly inflict more delays on an already overloaded Family Court system. Much discretion has been left to judges to determine which matters should remain listed and attract the court’s attention, with urgent cases touching upon family violence and risk to children taking priority.
Only time will tell how the entire justice system manages. Our Courts have been incrementally introducing the use of digital technology for many years to more efficiently address the business of the Court. This sudden and almost total reliance on remote measures will be substantial test of the widespread adoption of these procedures and Australia’s network and telecommunications capacity, particularly with millions of individuals relying on the same resources to carry-on work from home.
Should the system manage under such extraordinary circumstances, our Courts might well receive an unexpected blueprint to streamline services and proceedings in the future. And it could be a blueprint that works to reduce unacceptable wait times and delays. Only time will tell.