James Farmer

Legal Commentary

And here is a Report from Stuff of a Virtual Hearing this Week

Thursday, April 30, 2020

From 'Oh dear, this is hopeless' to OK  From Stuff 29 April 2020

And some further comment from me:

I would want to repeat that the reliability of the AVL technology is one thing. Maybe its reliability will eventually be established. But that still does not meet my concern that the judicial process, as we know it, is being compromised to an unacceptable extent. And, now that we are in Alert Level 3 and presumably will be in Alert Level 2 in the foreseeable future, I think unnecessarily.

While I am here, I would quite like to refer back to Steve Keall’s point that in-court “real” hearings “have their share of imperfections”. He is right.

His comment brought to mind an experience that I had when I was practising at the Sydney Bar. I had been briefed for the defendant in a civil case which was being tried in the Commercial Court before the Head of that Court, Justice Andrew Rogers, who had a reputation (justified) for being fearsome and tough in his courtroom (while being absolutely charming outside it). The plaintiff was rumoured to have arranged the execution of one or more persons or, at the very least, was, in a different way, also fearsome and tough. At the start of the hearing, through his counsel he sought an adjournment of the hearing, which was promptly refused. He gave his evidence, clearly with reluctance, and I then embarked on cross-examination. This went very well. I then called for production from the Court his bank records which I had subpoenaed from the bank and which under the procedure used in New South Wales were produced by the bank in advance of the hearing into the custody of the court until called for by the counsel who had subpoenaed them (a useful procedure which I wish our Courts would adopt). At that point, the plaintiff exploded with a string of expletives and leapt from the witness box and advanced menacingly towards me. Someone called out “he’s got a gun” (not in fact correct as it turned out). Andrew pressed a panic button, disappeared from the Bench and out of the courtroom with a speed that would make an Olympic sprinter proud, a security man arrived into the courtroom also with impressive speed and took the plaintiff into custody. However, he got his adjournment.

Jim Farmer
30 April 2020

Recent Posts

  1. Cannabis Bill Not the Right Reform Chris Goode 07-Oct-2020
  2. Whatever the result, is this the last time the America's Cup event is held in New Zealand? Chris Goode 14-Sep-2020
  3. Cannabis Legal Reform - Arguments For and Against Chris Goode 13-Aug-2020
  4. Will the Proposed Cannabis Legislation Achieve its "Overarching Objective" of Reducing the Harms Associated with Cannabis Use? Chris Goode 18-May-2020
  5. The Debate Continues - Virtual Hearings or Real Hearings Chris Goode 02-May-2020
  6. These Issues were all Predicted Pre-Covid-19 and 6 Years Ago Chris Goode 02-May-2020
  7. More Correspondence on Covid-19 and the Courts Chris Goode 30-Apr-2020
  8. And here is a Report from Stuff of a Virtual Hearing this Week Chris Goode 30-Apr-2020
  9. In Defence of Remote Technology - from Steve Keall Chris Goode 29-Apr-2020
  10. Court Hearings and Covid-19 - Part Two Chris Goode 29-Apr-2020
  11. Court Hearings and Covid-19 Chris Goode 28-Apr-2020
  12. Covid-19 and Executory Contracts: Will the Doctrine of Frustration Apply? Chris Goode 06-Apr-2020
  13. Race, Poverty and Education - Lessons from the UK learned while spending Christmas in London December 2019 Chris Goode 13-Jan-2020
  14. 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 22-Nov-2019
  15. The Forthcoming Referendum on the Growing and Supply of Cannabis for Personal Recreational Use Chris Goode 19-Nov-2018
  16. Armistice Day and Its Sequel Chris Goode 14-Nov-2018
  17. An Easy Read of the Rule of Law in the World of Fiction Chris Goode 08-Aug-2018
  18. Bullying, Harassment and Gender Bias Chris Goode 22-May-2018
  19. Criticising Judges Chris Goode 07-May-2018
  20. America's Cup Part 3A Chris Goode 11-Dec-2017
  21. America's Cup Part 3 Chris Goode 04-Dec-2017
  22. Pro Bono Publico as an Aid to Living a Balanced Lifestyle Chris Goode 08-Nov-2017
  23. Terence Arnold Retires From the Supreme Court Bench Chris Goode 10-Apr-2017
  24. From Violence to Redemption Chris Goode 15-Mar-2017
  25. Drugs, Sports and Society Chris Goode 18-Oct-2016
  26. Are Our Law Schools Churning Out Too Many Lawyers? Chris Goode 25-Aug-2016
  27. Equiticorp 20 Years On Chris Goode 07-Jun-2016
  28. The Year in Retrospect Chris Goode 19-Jan-2016
  29. A Good Year for the Farmer Legal Family Chris Goode 30-Oct-2015
  30. Having a Balanced Life Style - Part 4 Chris Goode 21-Sep-2015
  31. 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
  32. Biographies Chris Goode 13-Apr-2015
  33. The Cost of Justice Chris Goode 13-Mar-2015
  34. The Increase in Unrepresented Litigants and Their Effect on the Judicial Process Chris Goode 11-Feb-2015
  35. Evidence - Notes of Presentation to Continuing Legal Education Seminar November 2014 Chris Goode 01-Dec-2014
  36. Corporate Governance and Directors' Liability Chris Goode 19-Aug-2014
  37. Paper Presented on 2 August 2014 at the Competition Law & Policy Institute of New Zealand 25th Annual Conference Chris Goode 05-Aug-2014
  38. Life in the Fast Lane Chris Goode 06-Jun-2014
  39. 2014 - Roaring Past Chris Goode 04-Jun-2014
  40. Commentary on Paper Delivered by Professor Andrew I Gavil at Commerce Commission Conference Chris Goode 19-Nov-2013
  41. America's Cup Wrap Up Chris Goode 04-Oct-2013
  42. Happiness, Living a Balanced Life and Legal Practice - Part II Chris Goode 15-Aug-2013
  43. America's Cup 2013 Chris Goode 01-Jul-2013
  44. Why the Rules of Evidence Matter in Civil Cases Chris Goode 12-Mar-2013
  45. The High Court in Review Chris Goode 08-Oct-2012
  46. "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
  47. Recent Reform Reports Chris Goode 03-Apr-2012
  48. Happiness, Living a Balanced Life and Legal Practice Chris Goode 09-Jan-2012
  49. In Defence of the Supreme Court Chris Goode 12-Dec-2011
  50. Cross Examination Notes Chris Goode 11-Nov-2011
  51. The passing of three leaders of the Bar Chris Goode 14-Sep-2011
  52. Commentary on my commentary on Morse Chris Goode 14-Sep-2011
  53. How good is our Supreme Court? Chris Goode 08-Aug-2011

Georgia Racing

Website Managed by Generate Design