Abstract
This article provides an overview of the response of Australian courts to the COVID-19 crisis, and critically examines a number of structures and systemic issues that arise from the shift to the online deliver of justice. It places the current responses in the context of the emerging literature regarding online dispute resolution, and draws upon that literature to consider issues including open justice, symbolism and ‘court architecture’ in the digital space, technological limitations, access to justice and issues of systemic bias. It argues that by examining these issues, the present crisis will help map opportunities for future reform.
Highlights
This article provides an overview of the response of Australian courts to the COVID-19 crisis, and critically examines a number of structures and systemic issues that arise from the shift to the online deliver of justice
Reforms of courts and judicial processes generally occur at a glacial pace
May bad practices adopted in emergency conditions be difficult to wind back later, but vital protections may be unnecessarily denied as the pandemic continues
Summary
This article provides an overview of the response of Australian courts to the COVID-19 crisis, and critically examines a number of structures and systemic issues that arise from the shift to the online deliver of justice. It places the current responses in the context of the emerging literature regarding online dispute resolution, and draws upon that literature to consider issues including open justice, symbolism and ‘court architecture’ in the digital space, technological limitations, access to justice and issues of systemic bias. The emergency nature of the current responses has meant that many changes were made under intense time pressure, and it is critical that any future model builds upon the lessons of the current measures (both what has worked and what has not) rather than directly replicate them
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