Page 1433 - Week 05 - Thursday, 13 May 1993
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It is also relevant to point out that the Government is considering the establishment of a cheap, efficient and informal appellate body to deal with such matters. Under such arrangements, affected persons would be in a position to represent themselves without costly legal representation, and appeals would be able to be dealt with more expeditiously.
Mr Cornwell: Is the Minister prepared to table the statement, Madam Speaker?
MR WOOD: Yes. I varied it a bit as I read it. You will understand that. You will have to read it against Hansard.
Mr Cornwell: Yes, I understand that, but you are happy to table it?
MR WOOD: Yes.
RULES OF COURT
Community Law Reform Committee Discussion Paper
MR CONNOLLY (Attorney-General, Minister for Housing and Community Services and Minister for Urban Services) (3.14): Madam Speaker, for the information of members, I present discussion paper No. 3 of the Community Law Reform Committee of the Australian Capital Territory entitled The Rules of Court, and I move:
That the Assembly takes note of the paper.
Madam Speaker, this paper has been prepared for the ACT Community Law Reform Committee in connection with its reference on the rules of court. The committee will be considering the rules of both the Magistrates Court and the Supreme Court. These rules prescribe the procedural aspects of litigation, such as the format and content of documents to be used, and set time limits for taking procedural steps. Currently these rules are extremely long and complex, making it virtually impossible for the layperson to understand or apply them. The rules of the Supreme Court comprise nearly a quarter of a million words. This makes them the largest piece of legislation in this Territory - more than twice as long as the next largest Act.
Many of our court procedures are very old indeed, some dating back centuries and having questionable contemporary relevance. Also, the language and terms used in the rules are often out of date. The length, complexity and technical details of these rules firmly fix accessibility to court procedures in the hands of lawyers. While litigation itself is not a simple affair, clearly there is room for some simplification of these rules. Possibly more than in any other area of the law, court procedures determine the cost and speed of justice. The current complexity of the rules contributes to the cost of litigation and the rules are open to abuse for tactical advantage. By reviewing these rules, the law can become cheaper, more accessible and more efficient than is currently the case.
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