Civil Litigation in New South Wales: Empirical and Analytical Comparisons with Germany

Abstract

This report provides a comprehensive analysis of the civil justice systems of New South Wales and Germany as they operate in practice, informed by an analysis of a number of empirical data collected. These include: available court statistics on delay from the NSW District and Supreme Courts and the Regional Courts in Germany, the state of Baden-Württemberg and the city of Stuttgart in context with central contextual factors impacting on court performance; a court file analysis of 240 first instance civil cases finalised by judgment by the NSW District and Supreme Courts and by the Regional Court Stuttgart in Baden-Württemberg in three paradigmatic case categories; in-depth interviews with 52 trial judges and solicitors in New South Wales and 56 judges and legal practitioners in Baden-Württemberg; and observation of civil proceedings at the NSW District and Supreme Courts and the Regional Court Stuttgart. The comparative analysis has identified key factors that tend to enhance complexity, delay, and litigation costs in New South Wales, and key factors that are conducive to reducing complexity, delay and litigation costs in Germany. The identification of these factors informs recommendations for civil justice reform in New South Wales that are designed to reduce the time taken for civil dispute resolution, reduce litigation costs and enhance access to justice. The analysis and the recommendations made may also be of interest and relevance to other Australian jurisdictions.

Keywords: Civil Justice Systems, New South Wales, Germany