Case Management Positives And Negatives
The positives and negatives of an effective case management system on the issues of cost and delay have been seen through two studies done in both America and England.
The RAND study by the Corporation’s Institution for Civil Justice, which was published in 1996, focuses on the impact of case management upon the American court systems, shows the impact that case management can have both positively and negatively. Within the study, 10 courts were required to adopt principles related to case management, while 10 others continued without these principles. The principles applied by the 10 courts included principles around differential case management, early judicial management and monitoring and control of cases. The study found …show more content…
This positive however did come with the increase of costs, with an increase in the lawyer’s work of about 20 hours, despite the cases being managed early. This was due to lawyer’s reacting to the court’s management of the cases. The study explained these extra hours more in-depth in the report, by stating that;
“For example, talking to the litigant and to the other lawyers in advance of a conference with the judge, travelling, and spending time waiting at the courthouse, meeting with the judge, and updating the file after the conference.”
Although the American court system is slightly different to the Australian system, these findings by the RAND study show that although the case management system does have some benefits, it can also produce negatives at the same time. The question of whether it would be worthwhile recommending that judges take a more forward approach to judicial decisions would have to consider whether the increase of costs outweighs the decrease in the time taken for each case.
Woolf …show more content…
Within Australia, both the New South Wales court and the Court of Victoria have established case management regimes. The Victoria County Court system regime more actively allowed judges to manage cases at directions hearings, with s55 of the Civil Procedure Act 2010 (Vic). The New South Wales regime, however, focuses more on being ‘rule driven’ and ‘default based’, under s57 of the Civil Procedure Act 2005 (NSW) and the Uniform Civil Rules 2005 (UCPR). Rule 2.3 of the provision allows for courts to rely on electronic filing and allows them to offer electronic direction hearings if