James Farmer

LEGAL COMMENTARY

The Debate Continues - Virtual Hearings or Real Hearings

Saturday, May 02, 2020

http://theitcountreyjustice.wordpress.com/author/abridgement/

With his permission, I have provided a link above to the website that Dr David Harvey, former District Court Judge, operates. This is mandatory reading, though I remain convinced that we should not compromise the essential elements of the in-court, oral, adversarial hearing. David’s contrary position, put in delightful language, is:

“Although the panoply of justice and the ‘majesty of the law’ aspect of public performance may serve some ceremonial or symbolic purpose they are not necessary to the proper and efficient delivery of justice services.”

That forces me to confess that I personally opposed the abolition of the wearing of wigs and bans in court. Why? To me, they did indeed symbolise the majesty of the law or, to put it more prosaically, they served as a reminder to everyone present - litigants, witnesses and counsel – that this was a serious forum and occasion where truth, honesty and fairness were on trial.

Jim Farmer

1 May 2020

Recent Posts

  1. The University of Auckland's Proposal to Merge the Faculties of Law and Business & Economics 21-Jan-2025
  2. Why I Did Not Sign "The Letter" 20-Nov-2024
  3. Is there any hope for the next America's Cup being held in Auckland? 13-Sep-2024
  4. Directors’ Duties to Creditors in an Insolvency Situation 22-Sep-2023
  5. Redundancy, Good faith and Employment Law 18-Aug-2023
  6. Is the America's Cup a poisoned chalice for New Zealand? 09-May-2023
  7. The Passing of Two Knights of the Realm - Sir Murray Halberg and Sir Ian Barker 07-Dec-2022
  8. Random Legal Thoughts While on a Post-Covid Lockdown European Trip 31-Oct-2022
  9. America's Cup Venue - Fact or Fiction Chris Goode 04-Apr-2022
  10. Covid and the New Zealand Rules Committee Proposed Reforms Chris Goode 24-Jan-2022
  11. A Chat On The Virtual Couch About My Legal Career Chris Goode 26-Nov-2021
  12. America’s Cup Home Defence – Requisition For Special General Meeting Of Members Of Royal New Zealand Yacht Squadron To Discuss Venue For Next Defence Chris Goode 24-Nov-2021
  13. Pandemics 12-Nov-2021
  14. America's Cup - Just Do It and Positivity 20-Sep-2021
  15. September 11 - 20 Years On 09-Sep-2021
  16. Whither America's Cup? Chris Goode 22-Jun-2021
  17. Conducting Civil Appeals Chris Goode 07-Mar-2021
  18. David Barnes (27 April 1958 - 23 October 2020) - A Personal Note Chris Goode 02-Nov-2020
  19. Cannabis Bill Not the Right Reform Chris Goode 07-Oct-2020
  20. Whatever the result, is this the last time the America's Cup event is held in New Zealand? Chris Goode 14-Sep-2020
  21. Cannabis Legal Reform - Arguments For and Against Chris Goode 13-Aug-2020
  22. Will the Proposed Cannabis Legislation Achieve its "Overarching Objective" of Reducing the Harms Associated with Cannabis Use? Chris Goode 18-May-2020
  23. The Debate Continues - Virtual Hearings or Real Hearings Chris Goode 02-May-2020
  24. These Issues were all Predicted Pre-Covid-19 and 6 Years Ago Chris Goode 02-May-2020
  25. And here is a Report from Stuff of a Virtual Hearing this Week Chris Goode 30-Apr-2020
  26. More Correspondence on Covid-19 and the Courts Chris Goode 30-Apr-2020
  27. In Defence of Remote Technology - from Steve Keall Chris Goode 29-Apr-2020
  28. Court Hearings and Covid-19 - Part Two Chris Goode 29-Apr-2020
  29. Court Hearings and Covid-19 Chris Goode 28-Apr-2020
  30. Covid-19 and Executory Contracts: Will the Doctrine of Frustration Apply? Chris Goode 06-Apr-2020
  31. Race, Poverty and Education - Lessons from the UK learned while spending Christmas in London December 2019 Chris Goode 13-Jan-2020
  32. Witnesses in Civil Cases - the Consequences of Not Calling and of Not Cross-Examining - A Paper Presented to the Pacific Islands Lawyers Association, Auckland, 22 November 2019 Chris Goode 21-Nov-2019
  33. The Forthcoming Referendum on the Growing and Supply of Cannabis for Personal Recreational Use Chris Goode 19-Nov-2018
  34. Armistice Day and Its Sequel Chris Goode 13-Nov-2018
  35. An Easy Read of the Rule of Law in the World of Fiction Chris Goode 08-Aug-2018
  36. Bullying, Harassment and Gender Bias Chris Goode 22-May-2018
  37. Criticising Judges Chris Goode 07-May-2018
  38. America's Cup Part 3A Chris Goode 11-Dec-2017
  39. America's Cup Part 3 Chris Goode 04-Dec-2017
  40. Pro Bono Publico as an Aid to Living a Balanced Lifestyle Chris Goode 08-Nov-2017
  41. Terence Arnold Retires From the Supreme Court Bench Chris Goode 10-Apr-2017
  42. From Violence to Redemption Chris Goode 14-Mar-2017
  43. Drugs, Sports and Society Chris Goode 18-Oct-2016
  44. Are Our Law Schools Churning Out Too Many Lawyers? Chris Goode 25-Aug-2016
  45. Equiticorp 20 Years On Chris Goode 07-Jun-2016
  46. The Year in Retrospect Chris Goode 19-Jan-2016
  47. A Good Year for the Farmer Legal Family Chris Goode 30-Oct-2015
  48. Having a Balanced Life Style - Part 4 Chris Goode 21-Sep-2015
  49. A Balanced Life Style (Part 3), Prisoners' Voting Rights, Top Gun, 7000kms in a Corvette, John Maynard Keynes and Atticus Finch Chris Goode 05-Aug-2015
  50. Biographies Chris Goode 13-Apr-2015
  51. The Cost of Justice Chris Goode 13-Mar-2015
  52. The Increase in Unrepresented Litigants and Their Effect on the Judicial Process Chris Goode 11-Feb-2015
  53. Evidence - Notes of Presentation to Continuing Legal Education Seminar November 2014 Chris Goode 01-Dec-2014
  54. Corporate Governance and Directors' Liability Chris Goode 19-Aug-2014
  55. Paper Presented on 2 August 2014 at the Competition Law & Policy Institute of New Zealand 25th Annual Conference Chris Goode 05-Aug-2014
  56. Life in the Fast Lane Chris Goode 06-Jun-2014
  57. 2014 - Roaring Past Chris Goode 04-Jun-2014
  58. Commentary on Paper Delivered by Professor Andrew I Gavil at Commerce Commission Conference Chris Goode 18-Nov-2013
  59. America's Cup Wrap Up Chris Goode 04-Oct-2013
  60. Happiness, Living a Balanced Life and Legal Practice - Part II Chris Goode 15-Aug-2013
  61. America's Cup 2013 Chris Goode 01-Jul-2013
  62. Why the Rules of Evidence Matter in Civil Cases Chris Goode 11-Mar-2013
  63. The High Court in Review Chris Goode 07-Oct-2012
  64. "Criticism of Supreme Court needs to be put in context" as published in the New Zealand Herald 11 May 2012 Chris Goode 23-May-2012
  65. Recent Reform Reports Chris Goode 03-Apr-2012
  66. Happiness, Living a Balanced Life and Legal Practice Chris Goode 09-Jan-2012
  67. In Defence of the Supreme Court Chris Goode 12-Dec-2011
  68. LEGAL COMMENTARY HOW GOOD IS OUR SUPREME COURT? Chris Goode 16-Nov-2011
  69. Cross Examination Notes Chris Goode 11-Nov-2011
  70. Are the independence of the Judiciary and the Rule of Law under threat? Chris Goode 16-Oct-2011
  71. Commentary on my commentary on Morse Chris Goode 14-Sep-2011
  72. The passing of three leaders of the Bar Chris Goode 14-Sep-2011
  73. How good is our Supreme Court? Chris Goode 08-Aug-2011

Georgia Racing

Website Managed by Generate Design