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TECHNOLOGY & THE COURTS His Honour, Judge P Smith

TECHNOLOGY & THE COURTS His Honour, Judge P Smith. The nature of eTrials. Primary purpose- To effectively handle matters which include a large volume of documents (generally anything over 500 documents). QEII Courts. 7 x Criminal; 6 x Civil; and the Court of Appeal.

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TECHNOLOGY & THE COURTS His Honour, Judge P Smith

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  1. TECHNOLOGY & THE COURTSHis Honour, Judge P Smith

  2. The nature of eTrials Primary purpose- To effectively handle matters which include a large volume of documents (generally anything over 500 documents)

  3. QEII Courts • 7 x Criminal; • 6 x Civil; and the • Court of Appeal

  4. Speed, Simplicity & Searchability Benefits: • Fast access to searchable documents; • 24 hr access; • Significant reduction in paper handling and photocopying

  5. Practice Directions(civil) • Supreme Court Practice Direction No. 10 of 2011 • District Court Practice Direction No. 2 of 2011 “to facilitate the just and expeditious resolution of the real issues in civil proceedings at a minimum expense” r5(1) UCPR

  6. r214 UCPR

  7. Form 19 UCPR

  8. eCourtbook

  9. Practice Directions(criminal) Supreme Court of Queensland Practice Direction No. 6 of 2013 –‘Case Management in Complex Criminal Trials’ • Applies to criminal trials expected to take <15 sitting days.

  10. Case Discussions(eTrials) • Covecorp Constructions Pty Ltd v Indigo Projects Pty Ltd • R v Patel

  11. Other Technological Issues Arising in Court • Written directions/electronic directions to a jury: • Practice Direction No. 6 of 2013 “case management in complex criminal trials” • R v Petroulis (No 34) • Justins v R • R v Tichowitsch • Gately v R

  12. Other Technological Issues Arising in Court • Video evidence & Submissions • Supreme Court Practice Direction No. 1 of 2008 “Taking evidence by telephone and video link” • District Court Practice Direction No. 1 of 2008 “Taking evidence by telephone and video link” • Lamesa Holdings BV v Commissioner of Taxation • s53 Criminal Practice Rules • R392 UCPR

  13. s 110C District Court Act 1967 110C Use of video link facilities in proceedings (1) This section applies to a proceeding if— (a) a detainee is entitled or required to be present before the District Court for the proceeding; and (b) the proceeding is— (i) about an offence with which the detainee is charged, including a proceeding for the detainee's bail or remand; or (ii) an appeal under the Justices Act 1886, section 222 in relation to an offence of which the detainee has been convicted (appeal proceeding); and (c) video link facilities are available linking the correctional institution where the detainee is in custody and the court. (2) A proceeding for the detainee's bail or remand or an appeal proceeding must be conducted using the video link facilities, unless the court, in the interests of justice, otherwise orders. (3) In a proceeding, other than a proceeding for the detainee's bail or remand or an appeal proceeding, the court may order the proceeding be conducted using video link facilities only if all parties consent. (4) The video link facilities may only be used to link the proceeding before the court at the place the court is sitting with the detainee, or the detainee and the detainee's representative, at the correctional institution.

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