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Downing Centre ‘abandons’ 6 months of listed hearings
Following a review into the position of civil jurisdictions, a Sydney Local Court has vacated six months of listed hearings due to the coronavirus pandemic.
Naomi Neilson
The Downing Centre Local Court has abandoned six months of listed hearings due to the lack of capacity to “operate effectively across the breadth of its jurisdiction” amid concerns the coronavirus (COVID-19) pandemic will be destructive to local systems of law.
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Chief Magistrate Judge Graeme Henson AM wrote that civil jurisdiction is “systematically” compromised by the progressive restrictions announced by the government. In response, all listed hearings between 30 March and 30 September 2020 are abandoned.
“The court understands that taking this action may disappoint parties to proceedings,” Mr Henson noted. “However, it believes there is little alternate choice in this environment.”
Steps have been taken in forward planning to allow for an “intensive resumption” for civil hearings when the pandemic dissipates to the point that normal activity can resume. The delays in the local court are relatively shorter compared to other jurisdictions.
All matters that are currently listed for hearing will be returned to the online court for case management. Any matter that is currently listed for review or directions in Court 7B of the John Maddison Tower has been vacated and will also be returned to online management.
The changes are subject to a “return to normal activity” by October 2020, where all of the abandoned matters will be assigned a new hearing date. Should it not be possible, these cases will remain in the online court until the pandemic ceases and activity resumes.
For state-wide Local Court matters, the NSW government announced on Monday that there is no longer a requirement to attend in person unless instructed by a lawyer, police or court.
AN: Due to how quick updates from courts are coming through, Lawyers Weekly has been compiling updates on how the viral coronavirus pandemic is affecting the justice system. For the most up-to-date information, check out our live blog here.
