'It's The Law' - Changes to the Courts

You may be wondering how Courts have operated through the COVID-19 pandemic and the restrictions we have had in Victoria. The approach has been different in the different Courts. Most Courts have remained open through online hearings using different online platforms including Webex, Zoom and Microsoft Teams and more telephone hearings. The pandemic has been responsible for an extraordinary level of change to Court processes which have historically been very reluctant to keep up with technological changes. There have been positives and negatives to the changes. In addition to dealing with the pandemic the Family Court of Australia and the Federal Circuit Court of Australia have merged to create the Federal Circuit and Family Court of Australia.

Set Court times have been introduced in the Magistrates’ Court which have reduced the waiting time for lawyers and their clients. Processes have also been introduced which have reduced the need for some matters to even be heard in Court – such as minor criminal matters where a guilty plea is accepted and written submissions are accepted by the Court. Adjournments without Court appearances have also been easier to obtain.

As a lawyer it was quite difficult to become comfortable with presenting submissions to a Magistrate via an online platform where it is more difficult to interpret how the Magistrate is reacting to your submissions.

There has also been a large delay in more serious matters that require jury trials (matters in the County and Supreme Courts) which have been unable to be carried out in Melbourne and only recently re-commenced in regional areas. This means that people involved in current criminal matters such as victims, the accused and witnesses will likely be waiting years for their matter to get to court. Further, social distancing requirements have changed the way jury trials operate with Horsham’s courts being deemed unsafe for jury trials. I hope that trials in Horsham can resume as travel to other larger courts such as Geelong and Ballarat can be a large financial burden for those involved in the trials that live in the Wimmera.

As vaccination rates increase, courts will continue to allow more in person attendances. However, the efficiencies caused by video link appearances mean some appearances will likely continue to be by video link.

Merger of the Family Court of Australia and the Federal Circuit Court of Australia

The merger of the Family Court of Australia and the Federal Circuit Court of Australia to create the Federal Circuit and Family Court of Australia occurred on 1 September 2021. This merger was controversial. The Government has argued that a single entry point to family courts and common rules will make the Court process easier for people to understand and use. However, many legal organisations opposed the merger arguing that it removes the benefits of a specialist superior family Court. It is hoped that the merger will reduce the costs of family law disputes. However, some colleagues have suggested that some changes will actually increase legal costs due to the imposing of additional requirements prior to initiating proceedings. It will be interesting to see how the changes play out in the next 12 months or so.

Patrick Smith is the principal of O’Brien & Smith Lawyers. This article is intended to be used as a guide only. It is not, and is not intended to be, advice on any specific matter. Neither Patrick nor O’Brien & Smith Lawyers accept responsibility for any acts or omissions resulting from reliance upon the content of this article. Before acting on the basis of any material in this article, we recommend that you consult your lawyer.