Litigation in the South Australian Fast Track Streams

Abstract

The Fast Track Stream is intended to be a faster and cheaper process for straightforward disputes in the South Australian District and Supreme Courts. However, since commencing in October 2014, relatively few practitioners have elected to use the process. This research investigates litigation practice in the Fast Track using empirical and doctrinal research methods. Data collected from practitioner interviews suggests that their decision to use (or not use) the Stream reflects issues relating to knowledge of the Fast Track; perceptions of case suitability; and opposition to using the Fast Track. Although interviews were conducted with a small number of practitioners, their accounts and perceptions suggest a generally positive experience of the process; offer insight into the challenges of implementing similar procedural reforms; and form a basis for recommendations for the future of the Fast Track.