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‘Treat challenges as opportunities’: CJ Anne Ferguson with Victorian Bar
The Honourable Anne Ferguson, Chief Justice of the Supreme Court of Victoria, talks about the opportunities to be taken during the COVID-19 pandemic, the future of courts and justice post-coronavirus and the leadership that matters most now.
Naomi Neilson
In conversation with Victorian Bar president Wendy Harris QC, CJ Ferguson said there are positives to be found in the outbreak of the coronavirus pandemic, including accepting and treating “the challenges as opportunities” to reshape the justice system and courts.
The biggest change, the Chief Justice said, has been in “losing the shackles” of traditions in the court and “doing things because that’s how they’ve always been done”. Rather than sticking to the status quo, the courts were forced into a positive change for its future.
CJ Ferguson said the profession has been really adaptive and collaborative in looking at the justice system without its traditional barriers. The communication in hearings is now part of an enormous change, as are the opportunities to be trained and to train barristers and new members about the methods of using technology in the courtroom.
“My approach is to always think about what we’re doing and why we’re doing it and ask if there is a better way to do it. I think there are a number of people who have grabbed the technology with both hands and are very excited about what it might mean for the future,” CJ Ferguson told Ms Harris.
“Some will want to keep doing some sort of virtual hearings they find well suited for them, [and] direction hearings come to mind.”
Another change is in working from home, with CJ Ferguson predicting that the “residual” feelings that there is lesser input from people who worked from home will no longer be an issue and, given the need for more flexibility, “I think that that’s a good thing”.
For those that are still adjusting, CJ Ferguson said she wanted to assure barristers to not stress about the technology. If the matter is to be stood down due to the technology, court can come back later. Above all, “it’s not the technology that wins or loses the case”.
As for leadership during the time, it is important to prepare teams for preparing their cases in advance, have the right tools and handle the differences in presenting.
“The leadership has been about having really good people around. Make sure you listen, make sure your communication is as effective as you can make it, make sure that you’re delegating appropriately and that you have a good line of communication outside of your own organisation so you can work towards a common goal,” CJ Ferguson said.
Naomi Neilson
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
You can email Naomi at:
