In A successful recovery, the LCA said the Federal Courts’ arrangements, adaptation to technology and new registry services were “clear, consistent and constructive” for the legal system and greatly assisted legal professionals in navigating the coronavirus. 

The LCA said there were innovative ways to address the backlog still being developed but when the procedures are implemented, they should not adversely affect the rights of parties to natural justice and procedural fairness. In its plan, the LCA has requested foremost a timely resolution of disputes to ensure ongoing public confidence. 

Wherever practicable, the LCA requested the matters for which any further delay could exacerbate mental health concerns – including Family Court matters – and the matters that were adjourned for uncertain periods in the early weeks of the pandemic – and as such are disproportionately impacted – should be identified and prioritised. 

As for using technology, the LCA said the principles of open justice should remain the priority in any discussion regarding remote hearing: “Any move to increase the reliance on an online justice system should be cautious and evidence-based, factoring in the benefits and disadvantages particular to types of matters and circumstances.”

“As the justice system continues to embrace videoconferencing and teleconferencing remains post-pandemic, there is a need to improve its technological infrastructure with a view to ensuring courtrooms, remote and self-represented litigants and practitioners have access to quality telephone and internet connections,” the LCA said. 

The LCA identified the increased rates of domestic violence during COVID-19 and has requested that the Federal Courts also review national lists and other measures. This has also given the courts an opportunity to adopt national lists for other matters. 

More judges should also be appointed to address the chronic under-resourcing in light of extreme backlogs in migration matters at the Federal Circuit Court level. The LCA said the appointments serve as a stimulus to the legal profession. 

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“Public health, and the health of participants in the Federal Courts processes, remain paramount,” the LCA wrote. “Despite [the] above concerns, measures to address backlogs should accord with government health guidelines.” 

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Voting is now open for The Lawyers Weekly Award, to be presented to one individual for making substantial, consequential achievements in advancing the Australian legal profession since 2000. Finalists for this prestigious award have been confirmed as those listed below. To vote for your preferred winner, click here. 

Julian Burnside AO QC (barrister)

Bernard Collaery (barrister, former Attorney-General of the ACT)

Kate Eastman SC (barrister and co-founder, Australian Lawyers for Human Rights)

The Honourable Robert French AC (former chief justice, High Court of Australia)

Sue Kench (global chief executive, King & Wood Mallesons)

The Honourable Chief Justice Susan Kiefel AC (chief justice, High Court of Australia)

The Honourable Michael Kirby AC CMG (former justice, High Court of Australia)

Jane Needham SC (barrister and former president, NSW Bar Association)

Geoffrey Robertson AO QC (barrister)

Professor Gillian Triggs (assistant secretary-general, United Nations and former president, Australian Human Rights Commission)