GardenPath
Latest figures to hand from the Federales show that $7.5 million has been shelled out over the most recent three years for the development of the CourtPath program.
Expenditure on the labour and skills component alone has reached $7.2 million.
The design and building of CourtPath commenced in July 2021, and nearly four years later it is stumbling on – with the old, underlying technology still in place.
Up to a dozen people from the AAT (now the ART) have been dispatched to tinker on the courts’ computers.
Answers to Sen Shoebridge’s questions at Senate Estimates give some of the details.
This is not a program for the courts’ customers – rather it is to deliver “end-to-end transformation of digital case management through electronic, online court files across the FCA, [and both divisions of the FCFC]”.
The criticism is that CourtPath is a monolithic, single solution. According to Fundamentals of Software Architecture: An Engineering Approach, these systems are relatively simple but come with various shortcomings, including lack of elasticity, fault tolerance, and scalability.
In the past six months or so it is understood that some of the FCA’s senior Mandarins have departed, including the deputy CIO; the director of IT Applications and Data; plus the National Communications Manager.
Here’s Felicity Fume’s analysis from July last year – Turnover on the factory floor. And more about the new operating system from a question and answer session that we published last week.
Help is on the way
Gorgeous GeorgeSome of the ex-AAT people are unhappy Little Vegemites. In fact, one of them, Dr Damien Cremean, whose term officially ended in September last year reckons he has been chiselled out of his full pay.
The Commonwealth decided to limit payments for AAT members who, for whatever reason, did not get a gig on the ART.
It is understood that in the case of Dr Cremean there was no payment for the period between his departure from the tribunal and the point at which his appointment was scheduled to end.
He was appointed by Gorgeous George (Bookshelves) Brandis in May 2015 as full-time senior member, for a five year stint. Thereafter, it looks like he got a part time appointment until September 30, 2024.
Curiously, Doc Cremean, who is an expert in admiralty and maritime law, asked an online chat service about his problem.
Cremean: I am a statutory member of the Administrative Appeals Tribunal. I am the victim of serious wage theft. May I complain to you – Damien.
Lawyer’s Assistant: Where is this occurring? I only ask because laws can vary by state.
Cremean:it is in Victoria but I get paid from Sydney and it is a Commowealth – federal – body
Lawyer’s Assistant: What steps have been taken so far?
Cremean:Written to them over 4 years got nowhere
Lawyer’s Assistant: Is there anything else the Lawyer should know before I connect you? Rest assured that they’ll be able to help you.
Cremean:I am a lawyer. I need to know if FWO will take on my case
Solicitor: Hello, I am John Melis, a solicitor in Australia, and thank you for your question. I’d be happy to assist you. I understand that you’re having an issue! Can I ask whom I have the pleasure of speaking with today?
Cremean: John I did a reply and my phone wont send it thru. Damien Cremean is me. I am a lawyer. Does FWO have jd over statutory appointments of federal tribunal members? I just want the jurisdictional point sorted out. Then I can go from there DC
Solicitor: Damien, I’m sorry to hear that you are having trouble.
In Australia, the Commissioner of the Fair Work Commission is appointed by the Governor-General, acting on the advice of the federal government. [Sounds like this is written by AI.]
Customer: Of course John. So am I as a member of the AAT. Does that mean I am unable to use the FWO? Damien
Solicitor: All employees have a right to make an application to the fair work commission.
Customer: But John am in [sic] an ” employee” under the FWA? Damien …
Solicitor: Damien just select telephone services and you can ring me when you are ready. I hope this message finds you well and just recapping your matter:
Concerning your situation of your claim of serious wage theft, what you need to do Damien is either take your case into the fair work commission irrespective of the fact that you are working for the AAT tribunal, and if you feel uncomfortable to take your case into the fair work commission, and as an employee you are still entitled to raise a claim in the federal circuit court.
It was my pleasure to help you. You have been a wonderful customer. Thank you for taking the time to chat.”
Melis is a founding member of Legal AU Pty Ltd, an online Q & A service for people wrestling with the law.
We’ve asked Damien, via his University of Queensland email, what happened next, but he hasn’t got back to us. Maybe John’s advice solved everything.
Omnishambles in the cancellation wars
Justice Lee in sentient citizen mode
Michael (Lions Den) Lee momentarily stripped off his judicial robes and spoke as a “sentient citizen” at a Sky “News” festival in support of the Coalition’s policy of weaponising antisemitism.
It was a moment that passed without the usual spittle-infused outrage from Planet Janet Albrechtsen, who has dedicated herself to ensuring judges stick to their knitting and not wander into the political swamp.
Lee J told the Sky News event that the “soft revolution in values” was to blame for the latest incidents of antisemitism.
He veered deeper into culture warrior terrain by declaring that universities perpetuate a “status quo that restricts debate and ostracises or ‘cancels’ those who do not demonstrate fealty to the prevalent ideological orthodoxy”.
At this point people in the real world were scratching their heads. Wasn’t it those critical of Israel bombing Gaza and its people to smithereens who were being cancelled, including: ABC radio presenters, visual artists, concert pianists, the rare politician, and newspaper columnists?
The only ones who were happy to be cancelled were those from the Jewish lobby who complained to Dame Ita Buttrose about Antoinette Lattouf. Justice Darryl Rangiah suppressed the publication of their identities for a period of ten years.
Lee’s speech was such a hot potato that he thought better of posting it among his celebrated orations.
More recently, Debbie Mortimer CJ has been speaking cautiously about open justice and live-streaming of court proceedings – among Justice Lee’s favourite topics.
The Debster isn’t fond off the term “open justice” because it is “malleable and misused” – instead preferring “accessible justice”.
She’s not immediately swept away buy the idea of live-streaming, identifying its numerous pitfalls and the need for a “conversation” about it.
Some have been unkind enough to think that the following paragraph (at 68) from her speech was a direct crack at Lions Den himself:
“On the other hand, livestreaming might encourage more interventions. The research and commentary indicate this is a particular concern for courts of other jurisdictions. Might judges who are gregarious, who perhaps consider themselves witty and enjoy the banter between bench and bar table be encouraged to intervene more often, to produce quips that might not otherwise be uttered? Will judges feel under pressure to be entertaining? And even if some judges are naturally enthusiastic about being entertaining on a livestream, will there be longer term repercussions for the reputation of the court for such behaviour? Will public perception of the court change; we can agree, I trust, that seeing the courtroom as a place for entertainment creates altogether the wrong impression of the work of a court.”
Ornamental arrangements
Tasmanian silk gearing up for the arrival of serious plumageTrevor Quoll, our field agent in the Hermit Kingdom, reports that the shiny new Kings Counsel gongs for Tasmanian silks must be held up in the mail, much to the exasperation of those who lobbied for the decorative embellishment.
Last year the ultra-conservative attorney general, Guy Barnett, introduced a protocol so that the island’s senior counsel could put their hands up for letters patent.
Some of those of a republican mindset refused to do so, only to find that the AG was writing to encourage them to get onboard with the royalist initiative.
“It is my view that legal practitioners who have been appointed as Senior Counsel in Tasmania should have the choice to apply for appointment as King’s Counsel. It is my view that this option pays homage to our legal heritage and provides individuals who apply for the title with a connection to this longstanding legal tradition. Further, by providing this option Tasmanians who are entitled to this appointment will not be disadvantaged by mainland counterparts.”