The E-Court Roadmap: Innovation and Integration An Australian Case Study

The E-Court Roadmap: Innovation and Integration An Australian Case Study

Sandra Potter (Potter Farrelly & Associates Pty Ltd, Australia), Phil Farrelly (Potter Farrelly & Associates Pty Ltd, Australia) and Derek Begg (Potter Farrelly & Associates Pty Ltd, Australia)
DOI: 10.4018/978-1-59904-998-4.ch011
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This chapter tracks the response of Australian courts to rapid advances in ICT. It shows how, despite early resistance and a reactive approach to technology, Australian courts have been transformed by the challenges of implementing ICT. It illustrates with case studies the way Australian courts have drawn on each experience to improve their processes, and have come to lead the world in using practice notes and protocols as a control measure for procedural change. It reviews current experiences in Australian jurisdictions, presenting courts who now see ICT as a tool for managing workflows throughout their organisation. The authors foresee the challenge for Australian courts will be keeping this control, and contend that courts who achieve this are more likely to have ICT as the servant, not the master, of the justice process. They anticipate that Australia’s success can be seen as a paradigm for other courts facing similar challenges
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Introducing Ict To The Courtroom

It should have been no surprise that this is the tension that has bound courts as they have come to deal with the introduction of technology. Advances out in wide society have now entered courtroom processes. We see litigation over commercial deals where not one piece of paper has been created. We see litigants exchange massive volumes of documents in the discovery process, entirely by electronic means. We see the court administrators looking to have courts become more accessible and efficient, having paper documents converted to electronic format, and introducing electronic filing processes so they can handle every document in a case electronically. Ultimately, stepping into the courtroom, we see ICT everywhere we look.

This is more than just a change in pace for courts; it could be a threat to the nature of the processes themselves. Courts should reflect the society in which they operate, so it is fundamental that the usual means of communication in society be available in courts as a part of their process and as a part of the information produced to them in delivering justice. Nevertheless, they have to do so in ways that will still fulfil their imperatives:

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Table of Contents
Agustí Cerrillo i Martínez, Pere Fabra i Abat
Chapter 1
Marco Fabri
The European Union (EU) is an extraordinary laboratory of innovation and change, particularly in the justice sector. The diversity of environments... Sample PDF
The Italian Style of E-Justice in a Comparative Perspective
Chapter 2
Davide Carnevali
In spite of the technological, economic, and normative efforts, all democratic countries are developing electronic filing (e-filing) in the justice... Sample PDF
E-Justice and Policies for Risk Management
Chapter 3
Marta Poblet, Joan-Josep Vallbé, Núria Casellas, Pompeu Casanovas
Judicial culture generally refers to the set of values, cognitive skills, and practical knowledge of members of the judiciary. In this chapter, we... Sample PDF
Judges as IT Users: The Iuriservice Example
Chapter 4
James E. McMillan
Automated court case management systems present opportunities to develop processes and procedures that can battle corruption. This chapter provides... Sample PDF
The Potential of Computerized Court Case Management to Battle Judicial Corruption
Chapter 5
Michael Adler, Paul Henman
This chapter considers the implications of computerisation for procedural justice in social security. It outlines an approach to the analysis of... Sample PDF
Justice Beyond the Courts: The Implications of Computerisation for Procedural Justice in Social Security
Chapter 6
Melissa H. Conley Tyler
Every community—whether physical or virtual will inevitably experience conflict. New ways of interacting through information and communication... Sample PDF
Online Dispute Resolution
Chapter 7
E-Justice in Spain  (pages 98-116)
Agustí Cerrillo I Martínez
Administration of justice is adding information and communication technologies in its internal operations and its relations both with judicial... Sample PDF
E-Justice in Spain
Chapter 8
Francesco Contini, Antonio Cordella
The Italian judiciary is characterised by a weak system of governance, consequence of institutional and cultural factors. In this framework, the... Sample PDF
Italian Justice System and ICT: Matches and Mismatches Between Technology and Organisation1
Chapter 9
Roberto Fragale Filho, Alexandre Veronese
It has become commonplace to talk about a silent revolution in the Brazilian Judiciary for which the widespread use of ICT has been of great impact.... Sample PDF
Electronic Justice in Brazil
Chapter 10
J. William Holland
This chapter outlines the history of digital government in criminal justice, starting with the Johnson Administration’s findings concerning... Sample PDF
Digital Government and Criminal Justice
Chapter 11
Sandra Potter, Phil Farrelly, Derek Begg
This chapter tracks the response of Australian courts to rapid advances in ICT. It shows how, despite early resistance and a reactive approach to... Sample PDF
The E-Court Roadmap: Innovation and Integration An Australian Case Study
Chapter 12
Yves Poullet
This chapter examines the ambitious Phenix project, a global project for the whole computerization of all Courts and Tribunals in Belgium, with the... Sample PDF
The Belgian Case: Phenix or How to Design E Justice Through Privacy Requirements and in Full Respect of the Separation of Powers
Chapter 13
Alexei Trochev
When the Internet reached Russia in the mid- 1990s, Russian judicial chiefs actively embraced the idea of having a solid presence of national... Sample PDF
Courts on the Web in Russia
Chapter 14
Anne Wallace
A 1999 Australian report on the prospective impact of information and communications technology on the justice system presented a vision of how... Sample PDF
E-Justice: An Australian Perspective
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