You have 0 free articles left this month.

Lawyers Weekly - legal news for Australian lawyers

Powered by MOMENTUM MEDIA
lawyers weekly logo
Advertisement
SME Law

Technology can’t bridge the legal divide in the regions, lawyer warns

While the legal profession has increasingly turned to technology to deliver services, one principal lawyer has raised concerns about the growing over-reliance on digital solutions to address access gaps in regional and remote communities.

May 29, 2025 By Grace Robbie
expand image

Speaking on a recent episode of The Boutique Lawyer Show, Michael Tiyce, principal lawyer at Tiyce & Lawyers, cautioned that while technology can improve the delivery of legal services to regional and remote communities, it has clear limitations and can’t completely replace the need for on-the-ground legal support.

In the same episode, he shared insights into the ongoing challenges faced by rural and remote communities in accessing legal services. He also pointed out that these gaps remain an ongoing problem, despite previous government commitments to address this longstanding issue.

While Tiyce acknowledged that technological tools play a valuable role in streamlining legal processes in the family law sector, such as “family reports” and “interlocutory hearings”, he emphasised that “there’s always going to be a need for face-to-face service provision”.

He further warned that placing too much emphasis on technology during final hearings is an aspect that should be taken seriously, highlighting that many legal professionals share this concern.

“While some judges are very careful here, some judges will offer or invite parties to participate in [final hearings] electronically,” he said.

“Most lawyers, and I’ll probably be brave enough to say, and counsel would usually think that’s pretty bad other than in very, very limited circumstances.”

Tiyce recounted a parenting matter he conducted entirely online during the COVID-19 pandemic, which he described as a less-than-ideal experience for all parties involved.

“My only experience of a parenting matter over COVID, which was done entirely remotely, was that it didn’t provide great outcomes for anyone who was involved. And that’s not a criticism of the court, it was just a horrible way of trying to run a matter,” he said.

“So you had counsel in their chambers, me out at my remote farm, and the client sitting at their dining room while cross-examination is happening, trying to get instructions on the run. It just works really poorly.”

He challenged the prevailing narrative that technology can fully replace in-person legal services in family law, stressing that such assumptions often stem from those who “either forget or don’t understand the highly discretionary nature of the power that judges have in family law matters”.

To address the challenges posed by the sector’s growing reliance on technology, Tiyce urged practitioners to remain adaptable and proactively support clients in navigating these tools.

“You have to be a bit more agile [and] you do need to ensure that your client or someone close to your client knows how to use the technology that we use to do things. Some people, particularly generational, find Zoom to be problematic,” he said.

On top of that, Tiyce emphasised that lawyers must develop a deep understanding of the specific nuances and needs of their regional communities to ensure they can provide the most effective support to their clients.

“Because, of course, people think it’s the country, and it’s some sort of big homogenous lump of people. It’s not. Different areas have different requirements. Sometimes, you’ve even got to look at, you know, basic weather requirements,” he said.

“Someone might not be able to get to a report writing session or a contact centre because there’s a flood going through the entire state. So you have to be aware of that.”

Tiyce’s message to policymakers was clear.

“Give us back our specialist court, stop playing with the Family Law Act, at least for a couple of years, and inject some money into some proper government services so that regional families are given the same sort of attention and priority that we receive in urban areas,” he said.

You need to be a member to post comments. Become a member today
Got a tip for us?
If you have any news tips or stories to share, feel free to send them our way.
Momentum Media Logo
Most Innovative Company