Lawcovernotes March 2019

OnlineCourt – check your inbox The online court systemandmanaging your risk Online Court is a digital service conducted by the NSW Justice Department. The system enables legal practitioners, litigants and decision makers to manage and process orders without having to physically enter the courtroom. Once a matter is available in the relevant list, clients can proceed with their cases online, just as they would in court. Who manages Online Court matters? The decision maker will review requests made through the Online Court and will make orders and finalise requests accordingly. When the decision maker deals with requests, it will (in most instances) result in an adjournment and vacation of the current in-person listing. This will mean that the parties will not be required to physically attend the vacated listing. Who can use the Online Court? At present, the Online Court is available to the following: Local Court Matters where the plaintiff and at least one defendant are represented. The represented defendant must also be in a status of ‘Defended’. Matters listed in: ^ ^ General Division Defence call-over ^ ^ Small claims hearing ^ ^ Pre-Trial review District Court Matters listed in the General List Sydney Civil where the plaintiff is legally represented, and that representation is registered for the NSW Online Registry. Supreme Court Matters listed in: ^ ^ The Corporations Registrars List ^ ^ The Equity General List Land and Environment Court matters ^ ^ Mat ters where the l ega l representation or individual is registered for the NSW Online Registry ^ ^ All Land and Environment Court lists Risk Management New systems come with new risks. The following may assist solicitors to navigate the new system and to avoid potential pitfalls. Ethics and Conduct It is vital that solicitors remember that they are in a ‘virtual’ court room and: ^ ^ Conduct, professionalism and ethics are expected and the same standards apply as if the solicitor was appearing in person in court ^ ^ The law, rules, practice notes and time frames must be adhered to as if the solicitor was appearing in person in court ^ ^ Solicitors are still exposed to personal costs orders in the same way they would be if they were appearing in person in court. Online Notifications Online Court activity notifications are sent to the email address of the solicitor on the record in each matter. It is critical that the email address in each matter is: ^ ^ Correct ^ ^ Current ^ ^ Monitored 6.