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Thursday
May302024

Courtroom capers

Federal Court's digital hiccups ... Principal Registrar in home run ... Pronunciation requirements for names and pre-nominate ... Elocution audit ... Common law shuffle in New South Wales ... Vicki Mole reports 

Digital dismay

FCA's CourtPath

Sia Lagos, CEO and Principal Registrar of the Federales, was appointed for a five year term in May 2020 - so she's in the final stretch before the renewal process rolls around.

Chief Justice Debbie Mortimer could be on side with her, at least for now, because Sia squeezed a bit more money for the court out of the Commonwealth. 

However, her contract renewal will also hinge on the success or otherwise of "CourtPath", which the CEO is promoting as a significant digital transformation of the court's systems. 

Despite the hoopla, people close to the coal face say the program has not been able to deliver anything substantial, so much so that the old operating system cannot be switched off. 

CourtPath is built on top of the electronic vitalisation introduced by Sia's predecessor Wokka Soden. The system continues to chug along held together with sticky tape and rubber bands - incurring maintenance efforts, costs and risk. 

Much needs to happen to get the whizz-bang results that Sia and her IT people have promoted. 

Meanwhile, staff opinions of senior executive leadership are as unhappy as the experience with the technology.

In the 2023' Australian Public Service census results, the FCA came last when court staff were asked for opinions about their fearless leadership. 

There's been plenty of road-kill on Sia's watch with executives bailing out after raising issues with accountability, governance and delivery shortcomings. 

All this as the court's execs are on the cusp of appearing for a grilling at Senate Estimates. 

Naming rights 

Heads of jurisdiction in NSW have got their noggins together and issued new decrees on "pronunciation of names and forms of address". 

For Hon. Sarah Huggett it was her inaugural practice note as the new chief judge of the District Court: 

"The District Court of New South Wales recognises that the correct pronunciation of names and forms of address is an important component of the mutual respect to which all participants in judicial proceedings are entitled." 

Lawyers and self-represented people have to tell the court, where appropriate, of the phonetic pronunciation of their names.

This can be done on the court's appearance form or in a witness list by "inserting the information in square brackets directly after a name". 

Also, the correct pronunciation can be announced vocally at the commencement of a hearing.

In their spare time at home lawyers might have to practice getting their tongues around tricky names and forms of address. 

Nominated forms of address include Mx, which has sent the old red wine and cheese brigade into conniptions

Chief Justice Andrew (Taco) Bell issued a similar screed to his tribe. 

The way this vexing problem was dealt with in the past was for judges to simply ask for the correct pronunciation of a person's name. 

The new ukase came into effect on Monday, May 27. 

See: District Court General Practice Note 1

Hormonal developments 

When Robert Beech-Jones was appointed to the High Court last November a vacancy arose at the NSW Supremes for the position of chief judge at common law. 

Shortly after Andrew Bell CJ announced to his serried ranks that as from November 9 HH Justice Ian (Hormones) Harrison could be the new CJ at CL. 

News has filtered through to our field agents that many judges were shocked that the appointment had not gone to Stephen Rothman, who has been judging since May 3, 2005, and has a couple more years to go before statutory senility. 

In 2022 Rothman was appointed a part-time law reform commissioner to conduct the inquiry into "religious freedoms". 

The sound of ratting teacups and chairs falling over in the judges' senior common room was deafening as news of Hormones' elevation spread.

The appointment was made on the recommendation of Taco Bell and signed by him and Governor HE Margaret Beazley, in accordance with section 27 of the Supreme Court Act, NSW

We can understand if Rothman feels miffed. 

 

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