Maximising the Pivot to Online Courts: Digital Transformation, Not Mere Digitisation

ABSTRACT

This article examines the potential to advance digital transformation within Australian Magistrates' Courts, thereby enhancing access to justice and the efficiency of court services. It argues that, to date, technology has largely been used to "digitise" existing practices, rather than to fully embrace the opportunity presented by an inherently digital environment. Further, a shift has occurred as a result of the "COVID-19 pivot", with greater receptiveness to more expansive and transformative uses of technology by courts. This research investigated the feasibility, scope and character of an online dispute resolution system for residential tenancy bond disputes. This article builds on the experience of this project to argue that key lessons can be applied more generally to improve users' experience of online courts and tribunals, and to deliver just outcomes more efficiently online, in reduced timeframes and with cost savings for all participants and the legal system.