Maybe now we will realise that the court process is not the answer?

The issues stemming from COVID-19 have brought into sharp focus the realities and limitations of the  court system. 

One of the positives of litigation and usually the most common reason for choosing to go down the route of utilising the court system is to ensure that a timetable is in place.  The court process provides a structure in which deadlines are set and the parties are kept on a track to resolution.  For months the parties prepare for the next hearing on the understanding that even in the unfortunate circumstance that they cannot settle matters there will be a determination and an end.  However it appears to have become increasingly common for the court to list at risk hearings and adjourn hearings at the last minute due to lack of judicial availability.  Indeed in the six months leading up to today’s Covid-19 pandemic I am aware of three hearings including a three day Final Hearing being adjourned on the court’s own motion with only 36 – 48 hours’ notice being provided.  Clients are left in an unenviable position not just financially but emotionally.  Clients...

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