Droppert, Graham --- "President's page: Justice delayed is justice denied" [2022] PrecedentAULA 13; (2022) 169 Precedent 3

---

JUSTICE DELAYED IS JUSTICE DENIED

By Graham Droppert SC

I acknowledge that the land we live on is and always has been the land of First Nations peoples. I pay my respects to the Elders – past, present and emerging – throughout Australia. First Nations people know well that justice delayed is justice denied, whether in relation to resolving land rights or land use agreements, compensating those who suffered abuse while under State control or in private institutions, or adequately addressing issues such as high incarceration rates and poor prison conditions.

Administrative law is an important aspect of our justice and legal systems. In jurisdictions where governments can be held to account for decisions that have wide-ranging impacts on the lives of individuals and the community, administrative appeals tribunals are often the primary source of oversight and redress.

However, the latest reports for many of these tribunals show that caseloads are increasing, as is the waiting time for hearings and even mediations. Delays can also result from decisions by governments to deny or restrict access to administrative review. And a failure to adequately staff compensation recovery services via Medicare, the NDIA or Centrelink can delay by many months the payment of agreed compensation to those who have been injured or abused.

In the civil and criminal courts, the position is generally no better. Certainly the COVID-19 pandemic has caused the cancellation or deferral of many trials, especially in 2020, but the underlying stress on the courts has been building for many years. For example, Sleight CJ noted in his 2019 report as Chief Judge of the District Court of WA that the median time to trial had increased by almost 13 per cent. In that same year the number of writs issued in the civil jurisdiction jumped a staggering 190 per cent; in the five years to 2019, bail applications had also increased almost threefold.^[1]

This is not occurring in Australia alone. In 2021, criminal justice watchdogs for England and Wales revealed that 54,000 unheard cases were awaiting trial in the crown courts.^[2] And the US-based Aspen Institute recently noted that ‘[t]he new pressures of the current pandemic have heightened the reality of inequality and injustice’, and identified gender disparity, income inequality and racial inequity as factors contributing to the denial of justice through delay.^[3]

There are no simple solutions. Lessons can, however, be learned from some jurisdictions. Improvements to courtroom technology by the Victorian Supreme Court enabled the Court to quickly ‘adapt to remote hearings with minimal disruption to listings’.^[4] As noted by Ferguson CJ, in 2020–21 ‘around 94 per cent of hearings and mediations had some kind of digital litigation input or assistance’.^[5]

Nonetheless, inadequacies in resourcing the courts and enabling access to legal aid and fair costs scales remain a barrier to justice. This situation requires constant evaluation by the profession, the courts and tribunals, and governments.

This edition of Precedent again provides quality articles from highly regarded colleagues. I acknowledge and thank each of the contributors.

While we cannot solve the problem of delays to accessing justice, we can arm ourselves to ensure that by our conduct and knowledge we contribute to having matters properly ventilated, in a focused manner. The Australian Lawyers Alliance (ALA) continues to strive to assist members in such endeavours.

I am delighted to congratulate Genevieve Henderson on her appointment as the ALA President-Elect. Her role as President will commence on 1 July 2022. Genevieve is an outstanding personal injury lawyer who has also had management responsibilities at Slater & Gordon, and her involvement as an ALA National Council member provides a very good basis for this leadership role. I speak for all ALA members in wishing Genevieve well for the year ahead.

Graham Droppert SC is a barrister practising from Albert Wolff Chambers, Perth, specialising in personal injury. PHONE [phone]. EMAIL [e-mail].

---

^[1] District Court of Western Australia, ‘2019 Annual Review, 2020’, 1–2 <https://www.districtcourt.wa.gov.au/_files/2019_WADC_Annual%20Review.pdf>.

^[2] D Casciani, ‘Covid and the courts: “Grave concerns” for justice, warn watchdogs’, BBC News, 19 January 2021 <https://www.bbc.com/news/uk-55712106>.

^[3] Aspen Global Leadership Network, ‘Justice Delayed is Justice Denied’, Aspen Institute, 28 August 2020 <https://www.aspeninstitute.org/blog-posts/justice-delayed-is-justice-denied/>.

^[4] Supreme Court of Victoria, ‘Annual Report 2020–21’, 10 <https://www.supremecourt.vic.gov.au/sites/default/files/2021-11/Supreme%20Court%20of%20Victoria%20-%20Annual%20Report%202020-21.pdf>.

^[5] Ibid.