The Use of Technology (And Other Measures) to Increase Court Capacity: A View from Australia

46 Pages Posted: 14 Jul 2021

See all articles by Felicity Bell

Felicity Bell

University of New South Wales

Michael Legg

University of New South Wales (UNSW) - Faculty of Law

Joe McIntyre

University of South Australia - School of Law

Anna Olijnyk

Adelaide Law School

Date Written: October 19, 2020

Abstract

This paper is a submission to the House of Commons Justice Committee Inquiry into Court Capacity. The purpose of this submission is to describe how technology has been used, especially during the COVID-19 pandemic, to increase court capacity in Australia. The submission identifies some challenges raised by the use of technology, and the responses to those challenges. The submission also covers some measures, not limited to technology, that have been taken to increase court capacity in response to COVID-19. Part I of this submission sets out the range of uses for which technology may be used in the justice system and develops a taxonomy of these uses. Part II provides an overview of the use of technology to increase court capacity in Australia, both before and during the COVID-19 pandemic. Part III identifies challenges that have arisen in connection with open justice, procedural fairness, access to justice and jury trials. We explain how Australian courts have responded to these challenges.

Keywords: Online Courts; Online Dispute Resolution; COVID-19; AI; LawTech; Australia; Courts; Judges; Court Administration

Suggested Citation

Bell, Felicity and Legg, Michael and McIntyre, Joe and Olijnyk, Anna, The Use of Technology (And Other Measures) to Increase Court Capacity: A View from Australia (October 19, 2020). UNSW Law Research, Available at SSRN: https://ssrn.com/abstract=3873637 or http://dx.doi.org/10.2139/ssrn.3873637

Felicity Bell

University of New South Wales ( email )

Faculty of Law
UNSW
Sydney, NSW 2052
Australia

Michael Legg

University of New South Wales (UNSW) - Faculty of Law ( email )

Kensington, New South Wales 2052
Australia

Joe McIntyre (Contact Author)

University of South Australia - School of Law ( email )

GPO Box 2471
Adelaide SA 5001
Australia

Anna Olijnyk

Adelaide Law School ( email )

Adelaide, South Australia 5005
Australia

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