This article provides an overview of the response of Australian courts to the COVID-19 crisis, and critically examines a number of structures and systemic issues that arise from the shift to the online deliver of justice. It places the current responses in the context of the emerging literature regarding online dispute resolution, and draws upon that literature to consider issues including open justice, symbolism and ‘court architecture’ in the digital space, technological limitations, access to justice and issues of systemic bias. It argues that by examining these issues, the present crisis will help map opportunities for future reform.
What does Australia's constitution say about national identity? A conventional answer might be 'not much'. On this view, the Australian Constitution is concerned with structures and institutions of government, and is deliberately silent on values, aspirations and identity. 1 Nor are Australians inclined to rally around their constitution as a focal point of national pride. 2 And yet … Reflection on the last few years in Australian constitutional law reveals a wealth of examples of constitutional issues that implicate national identity. Claiming victory in the 2022 election, Anthony Albanese opened his acceptance speech by committing to the Uluru Statement from the Heart's call for a First Nations Voice enshrined in the Constitution. In 2020 the High Court held Aboriginal Australians could not be 'aliens' 3 and in 2022 the High Court heard a case in which the Commonwealth sought to overturn that position. 4 In 2017, many Australians were affronted to
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