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Wrapping up Wig & Chamber: The top stories from 2020
In this 2020 wrap-up, Lawyers Weekly’s Wig & Chamber takes a look back at the year’s top stories, most memorable interviews and favourite features starring the profession’s high-profile barristers, judges, bar associations and other key experts.
Naomi Neilson
Through bushfires, floods and COVID-19, the judiciary had to go through a suite of big changes, covered every fortnight by the Lawyers Weekly Wig & Chamber bulletin. The unprecedented changes over the last 12 months have meant that the judiciary looks much different this year and will shape the way barristers work through 2021.
Flawed Family Court merger will hurt families, NSW Bar warns
The government’s flawed Family Court merger bill has been criticised for many things, but the NSW Bar is particularly concerned that it will increase delays and costs for the families in need of assistance and should be opposed as a matter of urgency.
For Jessica Wilby, securing a role at the Coroners Court and starting her path towards coroner aspirations was a “dream”, but a toxic culture, untenable workloads and below standard conditions quickly turned it into an “unimaginable nightmare”.
The sensational revelations that a former justice sexually harassed female associates, young students and a past law society president may have been received with outrage, disappointment and shame, but it was hardly surprising to a profession that has fielded allegations and fostered toxic cultures that existed long before the #MeToo movement. With a new spotlight, the profession has an opportunity to finally make lasting change.
District Court’s pandemic response ‘complicated, frustrating’
Despite many of Australia’s highest courts returning positive reviews into the pandemic responses and its transition into an online practice, a NSW District Court claimed that the technology was no match, leaving judges and parties frustrated with the outcomes.
Justice targets are a ‘wish list’ that lack real ambition, legal bodies say
The government’s goal to reduce incarceration rates of Indigenous people down to 15 per cent by 2030 is “setting our sights too low” and lacks committed, ambitious action.
When a dressing-down in court wins over decorum
When two prisoners accused of stabbing drug kingpin and Victorian underworld leader Tony Mokbel laughed at their new 10-year sentence, Judge Liz Gaynor’s scolding had not only put them in their place but introduced a new language in court decorum.
New arbitration scheme to address civil litigation backlog
Although the courts were set to address the COVID-19 backlog, several barristers had expressed caution over whether civil litigation would be left behind. In an interview with Lawyers Weekly, barrister Mark Brabazon SC and professor Chester Brown explained how a new arbitration scheme at their Sydney chambers will begin to pick up the slack.
Australia and the global COVID-19 court changes
Courts across the world have had to quickly adapt to delivering justice technologically, so how does Australia measure up? Lawyers Weekly spoke to two bar associations – in Queensland and Victoria – to get a sense of how Australian courts and the entirety of the justice system should adapt in order to align with the rest of the world.
Honourable Peter Kidd on jury trials and COVID-19
The Chief Judge of the County Court of Victoria has weighed in on why jury trials have been left out of the COVID-19 transition, how to account for them when the courts are ready to resume and what to expect for the future of jurors in the justice system.
COVID-19 a ‘revolution in thinking’ for the court system
Courts across Australia have responded “remarkably quickly” to the pandemic and it’s likely to leave them in better shape, a barrister tells Lawyers Weekly. The courts across Australia are not only responding quickly and effectively, but they are likely to continue thriving with the adjustments as the justice system moves into 2021.
‘I would have died without that support’: Victoria cuts vital court funding
In light of recent family violence tragedies, a decision to cut funding for crucial supports is “short-sighted”, a former royal commission judge has told Lawyers Weekly. Almost 20 volunteers with the Court Network will no longer have the resources to aid domestic violence victims under a $130,000 funding cut from Victorian Legal Aid.
High Court has divided year as unanimous judgments plunge
2019 was the most divided year for the High Court in 16 years, with dissent rates more than doubling and unanimous judgments hitting its lowest percentage in seven years.
High Court decision should not be used to advocate politicisation of judges
A recent opinion piece on the High Court decision in the Love and Thomas case called explicitly for judges with a political leaning, but it’s these debates that ignore principles of law and betray the integrity of Australia’s systems of governance.
Naomi Neilson
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
You can email Naomi at:
