find the latest legal job
Freelance Lawyers
Category: Banking and Finance Law | Location: All Perth WA
· Freelance opportunities through Vario from Pinsent Masons
View details
Freelance Lawyers
Category: Other | Location: All Adelaide SA
· • Qualified lawyer with a strong academic background
View details
Freelance Lawyers
Category: Other | Location: All Melbourne VIC
· • Qualified lawyer with a strong academic background
View details
Insurance Lawyer (1 PAE)
Category: Insurance and Superannuation Law | Location: Brisbane CBD & Inner Suburbs Brisbane QLD
· Great Career Opportunity ·
View details
Insurance and Health Lawyer (1-4 PAE)
Category: Insurance and Superannuation Law | Location: Melbourne CBD & Inner Suburbs Melbourne VIC
· New position to support Growth ·
View details
Australian judiciary slow to embrace tech

Australian judiciary slow to embrace tech

The acceptance of legal technology by the judiciary in Australia is lagging behind courts in other jurisdictions, a tech provider has said.

Speaking at the Innoxcell Asia Symposium, Law in Order director Paul Gooderick said courts in Australia were being left behind by those in the UK, Ireland and the US, all of which had recognised the validity of computer-assisted review in litigation.

A recent English High Court judgment in Pyrrho Investments v MWB Property cited 10 reasons why electronic review, including predictive coding, could be advantageous, with “no factors of any weight pointing in the opposite direction”.

By contrast, Australia has not seen a similar decision on the merits of electronic review, Mr Gooderick said.

“I think we should all be challenging ourselves to get Australia on the map – when are we going to get some judicial support for the use of technology in our market?"

He added: “I urge all of you, when the opportunities arise, to really take hold of them and see if you can influence the judiciary or push the use of technology.”

In Australia, the e-discovery market is worth $10 billion, he suggested.

In the past 10 to 15 years, he said the market has reached a point where the “peak of inflated expectation” had passed and now “we have come out the other side, to where we actually start using the technologies”.

Reflecting on differences between e-discovery in the US and Australia, he noted that firms had a more active role down under in pursuing innovative solutions.

"In the market we play in, there are a number of unusual dimensions in the sense that we’re largely providing our services to law firms – which is different to the US, where it seems the dominant part of the market is derived from in-house counsel."

Nonetheless, he warned both in-house teams and firms must carefully weigh up the cost-savings offered by new technology solutions with the potential risks.

While new technology offers potential cost-savings, the potential risks are often what hold firms back from pursuing these initiatives.

“The key barrier to innovation in our market is risk – a small mistake or miss can have massive ramifications in a matter,” he said.

However, in some cases firms must rethink the weight given to each of these factors.

“In my view, the lines between these three [risk, innovation and cost] are often poorly drawn or ill-considered.”

He said: “I’m not suggesting we have the perfect answer, but there are so many dynamics in play there that more consideration of those elements and where you sit on the continuum is important when making decisions about technology.”

Like this story? Read more:

QLS condemns actions of disgraced lawyer as ‘stain on the profession’

NSW proposes big justice reforms to target risk of reoffending

The legal budget breakdown 2017

Australian judiciary slow to embrace tech
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
Please, Continue (Hamlet), Melbourne Festival
Oct 16 2017
Hamlet suffers slings and arrows of top Victorian barristers
Victorian judges and barristers have performed the unique play Please, Continue (Hamlet) at the Melb...
Julian Assange
Oct 13 2017
When justice fails, according to Assange
WikiLeaks founder Julian Assange has dismissed the capacity of judicial systems to deal with complex...
Aussie anti-terrorism laws, detention of 10-year-olds
Oct 13 2017
Treatment of kids under Aussie anti-terrorism laws an over-reach: ABA
The Australian Bar Association has urged the government to reconsider proposed reforms to Australian...
APPOINTMENTS
Allens managing partner Richard Spurio, image courtesy Allens' website
Jun 21 2017
Promo season at Allens
A group of lawyers at Allens have received promotions across its PNG and Australian offices. ...
May 11 2017
Partner exits for in-house role
A Victorian lawyer has left the partnership of a national firm to start a new gig with state governm...
Esteban Gomez
May 11 2017
National firm recruits ‘major asset’
A national law firm has announced it has appointed a new corporate partner who brings over 15 years'...
opinion
Nicole Rich
May 16 2017
Access to justice for young transgender Australians
Reform is looming for the process that young transgender Australians and their families must current...
Geoff Roberson
May 11 2017
The lighter side of the law: when law and comedy collide
On the face of it, there doesn’t seem to be much that is amusing about the law, writes Geoff Rober...
Help
May 10 2017
Advocate’s immunity – without fear or without favour but not both
On 29 March 2017, the High Court handed down its decision in David Kendirjian v Eugene Lepore & ...