Most of us are aware of the long delays in the Federal Circuit court and also the Family court. These are things beyond ordinary men’s control, and it is said that when justice is delayed. Justice is denied. Even court practitioners cannot do anything about them.
Before you know more about defamation litigation law, you must know that there are many strategies you can take to ensure that you do not contribute to more delay in these important matters. Read the blog below to learn about various strategies that can help you avoid court delays in cases.
How Do You Avoid Delays?
Some of the ways to avoid delays in court proceedings are as follows:
1. Adjournments –
You can try to adjourn the matters as fast as you can before a conciliation conference, or a final hearing takes place. Late adjournment requests can impact the court and also cause further delays. This is because the court might not be able to relocate the available time to the law matter.
2. Advocacy –
In case of any defamation litigation case, the advocacy of a lawyer usually starts when the documents get filed in court. This is not when you are about to begin your opening statement; it is the initial thing that judges see. This is why it is important to effectively draft them and ensure using forensic judgment when compiling annexures or drafting affidavits. It is important to remember the following:
- The real issues of the case must be advocated concisely.
- For lawyers, they must engage the lawyer and not fight against them as the judge is the one who is needed to persuade the case.
- The documents have to be helpful and can be persuasive to the case of the client. They can include relevant issues other than everything from a multi-year relationship.
3. Initiating the application and response
It is important to clearly define the orders you are seeking, as it can help the court identify the dispute’s main scope. The process can also be sped up by the following:
- Drafting the documents as if the evidence act applies.
- Distinguishing the opponents that are prepared for interim and the final hearings.
- Avoid filing applications or responses close to the pre-existing court events when possible.
Terms That Should Be Avoided That Are Not Helpful to the Court
Before hiring the best defamation solicitors in town, you must avoid using the following terms:
- “That the court does not make such orders as it considers equitable and just” This does not help the court in any way as it will not be in a certain position to try and guess the claims of the parties
- “Such an order as the court deems to be fit.” The court also has the power to make orders outside of the ones that parties request, which is why the order is necessary.
Such strategies can help go a long way to ensure that unnecessary delaying is avoided in a case and that it does not cause other delays in the court system.
Adopting New Technology Can Reduce Court Delays.
The courts in Australia are back in full swing, and jury trials in the district court have been recommended due to the lessening of the threat of COVID-19. During the COVID era, the Australian courts had no choice but to rethink their strategy of being able to operate.
As thousands of people come in and out of courts in Australia every day, some of them get locked in courtrooms for days during the trials. Back then, the threat of virus transmission was too much for the courts to stay open.
During lockdowns, Australian courts used to deal with urgent cases with the help of virtual technology. The other matters were usually dealt with by text message or emails or also by teleconferencing. This could help those who require access to the justice system or currently have matters before the court can deal with them as fast as possible.
Before hiring you must know how to choose defamation litigation lawyer, you must know that the use of technology has been successful for appeals/bail applications, directions hearing or allowing multiple matters a week to be heard. The Australian District Court could still deliver justice and keep its caseload up to date.
In fact, the Supreme Court has made use of an audio-visual hookup to overturn the order to stop various rallies in Sydney. It was a case of urgency that led the court to use audio-visual hookups so that a decision could be made. As it was successful, it can even be used in the future.
That being said, the criminal trials are usually not expected to be up to date till the next year. The Australian district courts will start up criminal trials again before any jury, and the rest of the courts will follow later this month. Before COVID-19, the NSW District Court was providing around 50 jury trials a week, but after the lockdown, around 160 jury trials were vacated.
Maintaining Health Precautions.
To ensure health precautions, the District courts have created bigger jury rooms for social distancing and temperature checks will be in place. Where juries are needed, other parties who want to watch the trial are usually limited to keep the courtrooms from being crammed.
The threat to access to justice is not an issue that Australia faces online. Many courts worldwide have grappled with this issue and have also been applauded for how they adapted and used technology to deal with issues or cases during lockdowns. This can help ensure that the ones that need access urgently are able to get it.
What is the Advantage in Hiring a Lawyer?
If you are a plaintiff, one of the biggest benefits of hiring a lawyer is that the firm will mostly pay for most if not all the litigation costs. Defamation cases are usually quite expensive as they are driven by fact and a lot of time and money is spent in building evidence via investigations, depositions and interrogatories.
Other than that, if you are involved in a defamation case, you also have to prove that you suffered actual damages with respect to your property, business, trade, profession or occupation. This will also include the expenses that you had to pay due to the result of the defamatory statements.
Before hiring defamation litigation lawyers, you must know that providing a monetary figure to value the harm to your business reputation can be tough. In such times, it is important that you hire an expert who can help you come up with these figures. You have to know that expert witnesses can be costly and this is especially if they need to testify at trial. The best lawyers due to their expertise and experience can help cover up these costs.
Contact Defamation Lawyers Perth
If you are worried about court delays and are looking to reduce court delays, the top lawyers in the area can help you. Contact Defamation Lawyers Services Perth; they are a famous law firm that can provide you with the top lawyers who will use legal ways or strategies to ensure that the court process is not delayed.