Tech will ‘drag the courts into 21st century’

The president of NSW’s peak legal body has urged state leaders to invest in vital technologies that ‘bring courts into the 21st century’ and help manage dire delays and backlogs.

Law Society of NSW president Cassandra Banks. Picture: Leigh Jensen

The president of the Law Society of NSW has urged state leaders to invest in vital technologies that “bring courts into the 21st century” and help manage dire delays and backlogs.

Cassandra Banks called for leaders “from all sides of politics” to commit to “improving access to justice across our cities” by upgrading courtroom technology and digital case management.

“The Covid pandemic threw us into a period of reform and we saw two or three decades of reform in the justice system in just two or three years,” Ms Banks told The Australian. “Remote hearings, in particular, revolutionised the justice system.”

Ms Banks said “postcode justice” – where a person’s residence dictated whether or not they could access a court or legal assistance – must become a thing of the past and new technologies could be a pathway for that.

A survey conducted by the Law Society, which represents 38,000 solicitors, revealed more than 90 per cent wished for the pandemic measures of online hearings, online court documents, and viewing or downloading forms ­remotely to remain in place.

However, Ms Banks said in-person hearings wouldn’t stop any time soon, with 69 per cent of those surveyed agreeing there should always be an opportunity for court precesses to physically take place. “There will always be a need for face-to-face hearings,” she said. “But let’s not squander the gains we have made.”

Ms Banks’ appeal follows comments from Law Council of Australia president Luke Murphy in The Australian earlier this week that new court technologies help to minimise legal costs and can be a gateway to justice.

“Shifts towards online proceedings – especially electronic court lodgments and interlocutory matters – and potential ­reduction in time spent on administrative or labour-intensive tasks are seen as having a positive impact overall in terms of time and cost efficiencies to legal practitioners and their clients,” he said.

“Online appearances also have positive impacts for those practitioners who work remotely or for individuals where work and/or carer commitments, location or disability or other health needs would prevent or make it difficult for them to attend proceedings in person.”

However, he noted digital solutions could exclude people who could not easily access the technology, such as older persons and those experiencing homelessness or living in regional areas.