One chief justice says the move to virtual courtroom technology provides an opportunity to deliver justice cheaper and quicker.
Virtual courtroom technology is being ramped up in Australia's courts to work through a backlog of cases - particularly in bail applications - exacerbated by the pandemic.
The increase has been driven by defendants' fears of the risk of the spread of COVID-19 in the close confines of the prison system.
The deferral in the scheduling of civil trials has also put pressure on the system.
Federal Court Chief Justice James Allsop says legal practitioners have adjusted quickly to the changes.
"We've had an a digital court file for seven years, so we haven't had a paper-based court for nearly 10 years now.
"That has enabled us to use digital technology far more effectively and [have] the ability to respond to this pandemic."
Federal Court Chief Justice James Allsop says courts have been forced to adapt and innovate. Source: SBS
In the Federal Court, cases are now being conducted via phone and video conferencing.
Chief Justice Allsop says the transition has not been without its challenges, but it has forced innovation.
"It is slower and it's more tiring and it's more remote, so it drains a little reality from the experience, which is quite important.
"And to the extent that litigants may feel further away from the sense of engagement and reality that's a concern."
Ramping up capacity
Over the past six weeks, the number of hearings by remote technology has increased from five to more than 60 a week.
Chief Justice Allsop says the aim in the next few weeks is to get the system up and running closer to 80 per cent of its normal capacity.
"The profession has been marvellous, solicitors and barristers as well as parties throwing themselves really throwing selves into this to keep the justice system going.
"I think there'll be a real cause to consider how appeals are done, how case management hearings are done, and how often we need to bring litigants into the courtroom and the advisors into the courtroom to do what we need to do."
He says courtrooms around the world are looking at virtual technology that will more closely mimic the courtroom setting.
After an initial pause, the Federal Court is now hearing more than 60 cases a week via remote technology. Source: SBS
"This is a national court. We have cases with litigants and professionals in different states. For mediation, I think it will be very important to advance [what we're doing].
"The courts all around the world are dealing with these same problems; and these remote technologies will be important I think for courts all around the world in the future."
Courts forced to adapt
The court system has been forced to pivot with Victoria last month introducing a bill to allow for judge-only criminal trials as a short-term measure.
The ACT also passed a bill to do the same last week.
The option already exists in other states as an option.
And it has been almost two weeks since the COVID-19 list was launched in the Family Court of Australia and the Federal Circuit Court of Australia.
The court list is dedicated to dealing with the increase in the number of urgent applications relating to domestic violence cases and parenting-related disputes.
Over a four week period in March and April, there was a 39 per cent increase in the Family Court of Australia and a 23 per cent per cent increase in the Federal Circuit Court.
Meanwhile, Victoria Police says 14 per cent of domestic violence calls received between March and April arose out of circumstances from the pandemic.
In response, the Victorian government is launching a campaign in multiple languages on Monday to remind people help is available even under the lockdown restrictions.
This week, the federal government announced a funding boost of $63.3 million for community legal centres to deal with the case load and shift to virtual service delivery.
Concern for Indigenous prisoners
The National Aboriginal and Torres Strait Islander Legal Services says more needs to be done to keep Indigenous inmates safe from catching COVID-19 in the prison environment.
"Once COVID-19 has an outbreak in prison, it will spread like wildfire. We have seen it happen globally and we have seen it happening in other contained environments in Australia, like nursing homes," said Roxanne Moore, the group's legal secretariat officer.
Makayla Reynolds from the Aboriginal Legal Service NSW/ACT says the fear families feel for their loved ones in incarceration is very real.
She lost one brother while he was in custody, and she worries about another brother who is currently in prison.
"Last year when he was incarcerated he had pneumonia, he didn't get treated for two weeks. He does get scared and anxious."
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