As communities around the world suffer their first and
second waves of COVID-19, for Australian litigation the pandemic is
akin to a 'third wave', coming after both the 2007-08
global financial crisis and the Banking Royal
Commission.
While the commercial effects of COVID-19 may have as
long a tail as its health effects, some preliminary trends are
already emerging.
Australian courts adapted quickly to COVID-19 restrictions on
gatherings by conducting their proceedings remotely, including
lengthy trials. Barristers and solicitors have appeared from their
chambers or offices or, especially in Victoria, their homes.
Even where hearings have been conducted in person, witnesses
have given evidence by video-link due to travel restrictions or to
reduce the number of people in the courtroom. At all stages, the
courts have strived to balance the obligation to deliver open
justice while complying with the various public health and social
distancing regulations. These
