NICHOLSONVernon Daley, Staff Reporter
LAWYERS, WHO wilfully or negligently tie up the time of the courts and saddle clients with increased expenses, could be asked by judges to pick up the cheque for their actions.
This is one of the provisions of a new set of rules that will guide the procedures and practices in the Supreme Court. The new rules, which replaced the 1889 Judica-ture (Civil Procedure Code) Act was tabled in Parliament last year and came into effect on January 1, this year.
Yesterday, the Senate passed four companion Bills, which aim to give legislative support to some provisions of the new rules.
"Such a rule was implemented in the UK some years ago and has had considerable benefit to clients who have had to pay the cost of their attorneys' negligence or improper conduct," said Attorney-General, Senator A.J. Nicholson, who piloted the Bills.
He said the courts already enjoyed the power to impose costs on lawyers, but pointed out that the amendment to the Judicature (Supreme Court) Act was meant to make the power of the courts more explicit.
The other Bills approved were an Act to Repeal the Judicature (Civil Procedure Code) Law; an Act to Amend the Judicature (Appellate Jurisdiction) Act; and an Act to Provide for the Admiralty Jurisdiction of the Supreme Court.
Opposition Senator Dorothy Lightbourne initially expressed reservations about the provision to have the courts force lawyers to foot the bill for improper conduct or negligence.
"It suggests to me that the judge is going to summarily make a decision and the attorney will not be given a chance to explain why he acted in the way he acted," she argued.
However, she recanted when Senator Nicholson subsequently explained that there was an established procedure that would allow the attorney an opportunity to rebut charges against him, before the judge makes a decision.
Government Senator Keste Miller supported the provision arguing that it would force lawyers to think carefully about the costs to litigants, while carrying out their duties in the courts.
There have been long-standing complaints that some lawyers deliberately drag out cases in the court as a strategy aimed at obtaining more money from clients.
At the same time, Senator Nicholson noted that the rules, which came into effect earlier this year, simplify the language of the procedures that will govern the courts as well as reduce the growing backlog of cases.
Among the rules are initiatives that will allow for the settlement of civil cases through mediation. According to Senator Nicholson, this could take a large chunk out of the mountain of cases that come before the courts.
"If this takes root, it could reduce the time the courts spend on cases by 30 to 40 per cent," he said.
However, Senator Lightbourne argued that while this is a good move, it was likely to be hampered by the lack of adequately trained mediators to deal with the highly specialised nature of the job.
"The few trained ones we have, there are concerns about their quality," she said.
Senator Arthur Williams agreed with his Opposition colleague, but went further in calling for adequately trained personnel throughout all levels of the court system.
The Bills will next go to the House of Representatives for debate.
