COVID-19 And Adjournment Applications: Balancing Due Process With Flexibility And Customisation

Co-Author by Rick Ruffolo (Associate), Emily Blight (Law Graduate), Rachel Cox (Law Graduate), Alice Tyson (Law Clerk)

In recent months, the courts have determined numerous applications to adjourn substantive hearings due to the ongoing COVID19 crisis. We provide here brief summaries of the judicial considerations in some of these applications. They illustrate that the courts are grappling with finely balanced considerations in determining the extent to which court procedures can be adjusted; the primary concern being to ameliorate potential and actual prejudice to the administration of justice brought about by COVID19's severe curtailment of in-person hearings. The decisions show the willingness of the courts to adapt their procedures to preserve the listing of trial and appellate hearings despite COVID19-related disruptions.