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COVID-19 sees thousands of cases to be adjourned in NSW’s busiest courts
The busiest court of NSW has adjourned more than 1,000 cases with few people allowed attendance this week due to coronavirus precautions.
Tony Zhang and Naomi Neilson
Starting from Monday, only those explicitly instructed by their lawyer, police or the court to attend a hearing will be allowed inside NSW local courthouses.
“We apologise for any inconvenience, but your health is our number one priority and we are taking all the steps necessary to keep your wellbeing front and centre during this period,” she said.
Some 31,000 criminal and civil cases are listed between now and 17 April. More than 400,000 cases are heard in the NSW local courts every year.
Those who received paperwork prior to 16 March are asked to call or email their local court or the state’s court services centre.
Lawyers last week were asked to deal with matters by email or letter if possible, including entering pleas and offering sentencing submissions.
All new criminal, civil and special hearings listed between now and 1 May have been vacated and defendants in custody have been permitted to seek a bail review.
New jury trials have been suspended in the District and Supreme Courts since 16 March.
Only jury trials that began before March 16 and the most exceptional matters are being heard in person in the Supreme Court.
Meanwhile, courts in NSW are coming to halt as the NSW Supreme Court is banning all hearings in person unless there are “exceptional circumstances” and the Chief Justice Tom Bathurst or head of jurisdiction grants approval.
The NSW Coroners Court in Lidcombe is only proceeding with matters that can be conducted using technology, and will continue with this arrangement until at least 30 June.
A small number of participants remain in court but observers have been asked to spread out in the public gallery. Detailed handwashing diagrams are placed around the complex.
Meanwhile, the Downing Centre Local Court has abandoned six months of listed hearings due to the lack of capacity to “operate effectively across the breadth of its jurisdiction” amid concerns the coronavirus (COVID-19) pandemic will be destructive to local systems of law.
Chief Magistrate Judge Graeme Henson AM wrote that civil jurisdiction is “systematically” compromised by the progressive restrictions announced by the government.
In response, all listed hearings between 30 March and 30 September 2020 are abandoned.
“The court understands that taking this action may disappoint parties to proceedings,” Mr Henson noted, “however, it believes there is little alternate choice in this environment.”
Steps have been taken in forward planning to allow for an “intensive resumption” for civil hearings when the pandemic dissipates to the point that normal activity can resume. The delays in the local court are relatively shorter compared to other jurisdictions.
All matters that are currently listed for hearing will be returned to the online court for case management.
Any matter that is currently listed for review or directions in Court 7B of the John Maddison Tower has been vacated and will also be returned to online management.
AN: Due to how quick updates from courts are coming through, Lawyers Weekly has been compiling updates on how the viral coronavirus pandemic is affecting the justice system. For the most up-to-date information, check out our live blog here.
