A framework for civil justice reform pt 1: theory
Date
2013
Authors
McIntyre, J.
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Journal article
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The Law Society bulletin, 2013; 35(8):26-27
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Abstract
The final interview of former Chief Justice John Doyle in this publication, and the first interview of the incoming Chief Justice Chris Kourakis, had in common a central focus on the need to fundamentally reform civil litigation to ensure more people can afford to resolve their disputes in the courts.3 While such a focus is perhaps not surprising, the urgency of the calls of such eminent law officers should perhaps be alarming. Despite decades of attempted reforms aimed at reducing delay and costs, fewer can afford to litigate their disputes. This slow strangulation of the civil litigation system not only presents a threat to rights of citizens and the rule of law, but also an existential threat to the legal profession. Without reform, public confidence in a system which the public cannot access will evaporate. Without underlying public support, judicial institutions will slowly crumble into obsolescence. Both public duty and enlightened self-interest must drive the legal profession to re-enliven the moribund processes of civil litigation, making it faster, more accessible and more affordable. This revitalisation will require a new approach to litigation reform, one based upon a clear articulation of underlying principles.
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Copyright 2013 Law Society of South Australia