Feature

Judges experience extreme levels of stress and secondary trauma, exacerbated by public comment that is often ignorant of what the job entails. The transparent approach taken by the judge presiding over the Bruce Lehrmann case may help pave the way to alleviating some of that stress, but more needs to be done, experts say.

At some point during the two hours Justice Michael Lee held court on Monday, 45,000 viewers were tuned in to the livestream. What they witnessed as he pronounced judgment against Bruce Lehrmann was arguably the vindication of Network Ten and some measure of justice for Brittany Higgins, but not only that. What they saw was a judge at the top of his game.

Leading lawyers have welcomed a new practice note in the Commercial Court division of the Victorian Supreme Court, including a “rigid framework” to cut down on interlocutory disputation which is expected to benefit commercial class action litigants, but some say the note “should have gone further” to compel discovery from defendants.

When the Supreme Court of Victoria considers for the first time a settlement reached in a class action run on a contingency fee basis, it will grapple with some novel questions, including whether to trim the 27.5 per cent group costs order granted to Slater & Gordon at the outset of the case, legal experts say.

Australian IP lawyers are closely watching The New York Times’ copyright lawsuit seeking billions in damages from OpenAI and Microsoft, but it remains to be seen whether Australia will become a favoured jurisdiction for similar suits or be left playing catch up, experts say.

Expect more legal battles this year over the right to work from home, with employees continuing to demand flexibility but businesses starting to push back, according to legal experts.

Judges were not afraid to vent their spleen in 2023, but lawyers were not the only object of judicial scorn last year, as judges waded into public discourse and sounded off over issues including complex legislation, media reports, famous social media commentators, and the involvement of government departments in legal proceedings. 

Companies and government entities paid out less to settle class actions in 2023 than in the previous two years, with no mega settlements hitting their pocketbooks.

Generative artificial intelligence will completely transform the legal industry, potentially decimating the billable hour in the process, and experts say practitioners who don’t embrace the technology will be swiftly replaced by those who do.

While the use of artificial intelligence is becoming more commonplace in law firms, it has not yet transformed the practice of law, with lawyers reporting that concerns about privacy, reliability, and liability mean the application of AI remains limited.