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Managing Justice: A Review of the Federal Civil Justice System (ALRC 89)

The Australian Law Reform Commission's review of the federal civil justice system was instigated in November 1995 after concerns that Australian legal proceedings were becoming excessively adversarial and that this was having a damaging effect on the delivery of justice.

A series of preliminary consultation papers were produced in 1996:

• Review of the Adversarial System of Litigation: An Introduction to the Inquiry (Introductory Pamphlet 1);

• Federal Jurisdiction (Background Paper 1);

• Alternative or Assisted Dispute Resolution (Background Paper 2);

• Judicial and Case Management (Background Paper 3);

• The Unrepresented Party (Background Paper 4); and

• Civil Litigation Practice and Procedure (Background Paper 5).

Six Issues Papers were released in 1997 and 1998:

• Rethinking the Federal Civil Litigation System (IP 20);

• Rethinking Legal Education and Training (IP 21);

• Rethinking Family Law Proceedings (IP 22);

• Technology - What it Means for Federal Dispute Resolution (IP 23);

• Federal Tribunal Proceedings (IP 24); and

• ADR: Its role in Federal Dispute Resolution (IP 25).

A further Background Paper, Experts (BP 6), was published in 1999.

In 1999, the Commission released a major Discussion Paper Review of the Federal Civil Justice System (DP 62).

As a part of its research for the inquiry, the ALRC undertook and also commissioned empirical research in a number of areas. Several research reports were released with the Discussion Paper in 1999:

• ALRC Part One: Empirical Information about the Administrative Appeals Tribunal;
  

• ALRC Part Two: Empirical Information about the Administrative Appeals Tribunal;
  

• Justice Research Centre Family Court Research Part One: Empirical Information about the Family Court of Australia;
  

• Justice Research Centre Family Court Research Part Two: The Costs of Litigation in the Family Court of Australia
  

• Justice Research Centre Family Court Research Part Three: Comparison with the Report on 'The Review of Scales of Legal Professional Fees in Federal Jurisdictions' by Professor Philip Williams et al;

• T Matruglio Part Two: The Costs of Litigation in the Family Court of Australia

• T Matruglio Part Two: The Costs of Litigation in the Federal Court of Australia
  

• T Matruglio & G McAllister Part One: Empirical Information about the Family Court of Australia;

• T Matruglio & G McAllister Part One: Empirical Information about the Federal Court of Australia;

• T Matruglio & G McAllister Part One: The Status of Data Collection and Evaluation Research in the Federal Court, the Family Court and the Administrative Appeals Tribunal;

• T Matruglio & G McAllister Part Two: Data and Technology Needs of Courts and Tribunals: Background Information, ALRC Sydney February 1998 (T Matruglio & G McAllister).

The final report, Managing Justice: A Review of the Federal Civil Justice System was tabled in federal Parliament on 17 February 2000.

In June 2003, the Australian Government issued a 'whole of government' response to the recommendations of ALRC 89, describing the report as one of the 'most significant' ever released by the ALRC.

The recommendations of ALRC 89 have been substantially implemented.

Media Releases relating to this inquiry:

• Profession under pressure must work at a 'healthy legal culture' (17 May 2004)

• ALRC says 'get rid of time-based billing for lawyers (16 February 2004)

• Civil justice system an export winner but reforms needed: ALRC (17 February 2000)

• Review of Federal Civil Justice System (Discussion Paper 62) (20 August 1999)

• Judges the key to improving the federal civil justice system (20 August 1999)

• Chief Justice 'shoots the messenger' with unfair attack on ALRC (19 October 1999)

• Review of the Adversarial system of litigation: ADR - it's role in federal dispute resolution (June 1998)

• ALRC urges rethink on use of technology (23 March 1998)

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The information on this page was current as of July 2005.
This page was updated 19 July 2005.

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