If there is a choice to undertake a cheaper more efficient way to operate, the fiduciary duty is engaged. [67] The Hon Chief Justice WK Winkler, Evaluation of Civil Case Management in the Toronto Region: Report on the Implementation of Practice Direction and Rule 78 (February 2008) (available at ) 13. And they are paid accordingly. In other words, for cases that lasted at least nine months, the additional costs run up by lawyers complying with early judicial case management instructions were not, across the board, offset by any savings in time that resulted from a quicker disposition. [63] One is presented with the macabre spectacle of lawyers running up costs negotiating, preparing and filing costs budgets, and then running up more costs arguing about those budgets before a judge. 7.3 Stronger judicial control over the scope and process of discovery has been singled out by some commentators as critical to discovery reform. The second way in which judicial case management has the potential to drive up expenses is simply by being excessive. Project Management Toolkit. [31] JS Kakalik et al, Just, Speedy, and Inexpensive? With our spurning of the fierce adversarial procedures of yesteryear, there may be a tendency to think more case management by judges will necessarily reduce costs and delays. [70] J Resnik, ‘Managerial Judges’ (1982) 96 Harvard Law Review 374. It is now our objective, enshrined in legislation,[6] to have a sophisticated, but swift and inexpensive system. In this connection, history is important (as it always is). It is unlikely that any one structure or one step, alone, will achieve and maintain a workable legal system of which we are all proud. An invitation to speak at the Lord Dyson lecture on "The Jackson Reforms to Civil Justice in the UK" hosted by University of New South Wales, Faculty of Law held at Herbert SmithFreehills, Sydney. [72] In some judges, resistance to it may take the form of a rule-based, inflexible approach to the task of case management, infecting the new system with the ethos of the old. [24] C Sage, T Wright and C Morris, Case Management Reform: A Study of the Federal Court’s Individual Docket System (Law and Justice Foundation of New South Wales, June 2002) 12. The authors of the 2002 report on the Federal Court’s docket system put a related point as follows: [I]t may be advantageous to let some cases stay dormant if that would assist the parties in reaching a resolution out of court, in which case it would be inappropriate for the court to attempt to hurry the matter through the court.[60]. [68], Eventually, the problems were addressed when the “universal case management” approach was replaced by a more flexible arrangement under which management was undertaken only for those “cases that truly required court intervention.”[69]. [58] A Eyland et al, Case Management Reform: An Evaluation of the District Court of NSW and County Court of Victoria 1996 Reforms (Law and Justice Foundation of NSW, July 2003) 75. In particular, there is no clear judicial responsibility for managing individual cases or for the overall administration of the civil courts.[10]. There shall be a Judicial Appointments Advisory Panel (the Panel). Regrettably, clients were paying their lawyers for what were frequently premature or unproductive steps. Lord Woolf’s aspiration that case management would achieve his aims in relation to costs has not been achieved.[43]. [71] C Sage, T Wright and C Morris, Case Management Reform: A Study of the Federal Court’s Individual Docket System (Law and Justice Foundation of New South Wales, June 2002) 79. [22] C Sage, T Wright and C Morris, Case Management Reform: A Study of the Federal Court’s Individual Docket System (Law and Justice Foundation of New South Wales, June 2002) 1. & Martin, Greg. Instead, the ALRC suggests that the Federal Court consider whether articulating in practice notes some of the specific ways the Court might exercise its broad powers in relation to discovery, including its powers to order sanctions, might serve to drive cultural change and generate certainty of expectations and obligations. Executive. 7.8 The Federal Court of Australia Act was amended in 2009 to provide ‘clear legislative direction and support to judges so that they can confidently employ active case management powers’. [2] R Finkelstein, Discovery Reform: Options and Implementation (2008), prepared for the Federal Court of Australia, 12. Queensland 4003. In 2010, Justice Price was made a Member of the Order of Australia and in June 2020 he became an Officer (AO) in the General Division. Section 474 of the Act creates a statutory scheme providing for the finality of a privative clause decision. 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