A survey of almost 1,500 practitioners in New South Wales, who “overwhelmingly” support retaining numerous pandemic-inspired measures, has been presented to the state’s Attorney-General.
Between 13 July and 4 August 2021, the Law Society of NSW undertook a survey of 1,483 of its members, titled, ‘A Fair Post-COVID Justice System: Canvassing Member Views’. The survey period fell at a time when most of Sydney was in lockdown.
Together with Heartward Strategic, the society sought to better understand how pandemic-inspired changes to the court and justice systems have impacted upon practitioners in NSW and the extent to which members support or reject the idea of those changes “remaining a permanent part of their working lives”.
Changes to court processes
Practitioners in NSW have been largely receptive to the overall impact of changed processes for virtual courts.
The following processes were seen as having had a positive impact: viewing or downloading court files remotely (77 per cent), making court applications or lodging documents via online portals (73 per cent), making court applications or lodging documents via email (72 per cent), remote case management or directions hearings (71 per cent) and having preliminary matters determined remotely without all partners (67 per cent).
At the other end of the spectrum, other processes weren’t viewed as favourably. Just 24 per cent saw remote cross-examination of witnesses as a positive, followed by remote court hearings with an unrepresented party (36 per cent) and communicating privately during remote proceedings (37 per cent).
By significant margins, practitioners favour retaining changes to court processes. Remote cross-examination of witnesses was the outlier, with 46 per cent saying that they would not want this process to be kept post-pandemic.
On all other measures (to be retained in all or some situations), however, there was near-unanimity. 95 per cent of respondents want to keep making court applications or lodging documents via online portals.
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