Outcomes - Selected Case Summaries

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Late response from the Courts

Investigation | 16 July 2021
Judicial Administration

An attorney complained of specific instances of non-response by several members of the court administration staff. The attorney had posed a number of questions that were not answered in a response provided to him and we undertook to resolve these matters informally. After that effort proved unsuccessful, we moved to a formal investigation.

We found that unreasonable delay did occur in this case. While recognizing the attorney had received written communications from court staff on two occasions, it was determined those responses did not answer the questions asked.

Eventually, the Clerk of the Court provided a response to the attorney, approximately five months after his initial queries. The response was comprehensive and professional. However, given that it took such a length of time to produce, a finding of maladministration was made.

Given that the matter was ultimately resolved, no formal recommendations were made.