The draft National Indigenous Law and Justice Framework has been released for consultation by the Commonwealth Government. The LSNT Indigenous Issues Committee is considering the draft framework. Interested people are encouraged to make comments on the draft framework. Comments are due to the Indigenous Policy Section of the Commonwealth Attorney-General's Department by 31 July 2009. Comments can also be sent to Barbie McDermott for consideration by the LSNT Indigenous Issues Committee.
The Standing Committee of Attorneys-General has developed the draft National Indigenous Law and Justice Framework (draft Framework) to provide a national approach to serious and complex justice issues affecting Aboriginal and Torres Strait Islander people. The draft Framework takes a holistic approach to addressing the underlying causes and ongoing consequences of Indigenous peoples' interactions with the Australian justice systems, both as victims and offenders. The main goals of the draft Framework are to reduce the overrepresentation of Aboriginal and Torres Strait Islander people in the criminal justice system, reduce alcohol and substance abuse, and increase community safety.
At its April 2009 meeting, SCAG agreed to release the draft Framework for a three month targeted consultation. An extensive public consultation process was carried out in late 2007 on the then National Indigenous Law and Justice Strategy and the outcomes of that consultation have been incorporated into this draft. The purpose of this consultation is to provide an opportunity for stakeholders to continue to engage in the development of the National Indigenous Law and Justice Framework.
The issue of civil procedures reform has been on the agendas of most superior Courts, including the Northern Territory Supreme Court.? Preliminary proposals were put forward, initially by The Hon Justice Mildren, and discussions held.
Many of you would be aware the an Ad Hoc rules Committee chaired by The Hon Justice Mildren and consisting of The Hon Justice Riley and representatives from both the NT Bar Association and the Law Society Northern Territory. This Committee has been set up and has been reviewing Supreme Court civil procedures. A draft Practice Direction Trial Civil Procedures Reforms and Explanatory Document were prepared and circulated around the profession. A CPD on the documents was recently held in Alice Springs by Alastair Wyvill, a member of the Committee.
The documentation was reviewed at the recent Judges' conference and a draft Practice Direction and Explanatory document were recommended by the Judges.
They were discussed at a CPD held in William Forster Chambers and will be discussed at a meeting of the Rules Committee to be held on 1 June 2009. There may be some further adjustments to the documents but any amendments are likely to be minor and aimed at clarifying some matters .
It is clear than when put in places new procedures will apply to the conduct of litigation and there will be a number of challenges that practitioners cannot avoid, with heavier obligations at the start of proceedings and an emphasis on early resolution. All practitioners and members of your practice working in the area will need to be fully aware of them.
Failure to comply with the new requirements could result in costs orders against your client (or the practitioner themselves in certain cases). It is felt that there could be increased complaints to the Society about practitioners who fall foul of these procedures causing their client to lose out and increased Professional Indemnity Insurance Claims against the law practices concerned.
The Society and members of the NT Bar Association are looking at holding another, longer, CPD to explain the new procedures, once the Practice Note has been finalized.
The Rules Committee has been asked by the Judges to continue their Inquiry into civil procedures and make further recommendations.
Northern Territory Supreme Court and Federal Court are introducing measures to expedite procedures. It is felt that the aims are to reduce the costs of proceedings, facilitate access to justice and to make better use of court resources.
The draft practice direction No 8 of 2009 - Trial Civil Procedures Reforms discussed by the ad hoc Rules Committee and draft Explanatory statements have been circulated
CPDs on the draft practice direction are to be held shortly Tuesday 5 May 2009 and Monday 25 May 2009.
Barbara Bradshaw has discussed the draft practice direction further with members of the Ad Hoc Rules Committee and it would appear that the documents closely reflect the views of the Committee and that it is quite probably the final practice direction, to be discussed by the Judges at their pending Conference.
All practitioners who practice in the litigation area should get across the terms of the direction as they will be in line with procedures being adopted in other jurisdictions and represents the way of the future in litigation.
There are advantages in the approach for the public, insurers and practitioners. There are likely to be further developments.
