THE FEDERAL COURTS’ ADVANTAGE IN CIVIL PROCEDURE

Abstract

This article considers whether procedure in the Federal Court and Federal Court of Appeal (the “Federal Courts”) is more efficient than in many large superior courts and thus is better suited to facilitating access to justice. Through a combination of analyzing rules and case law and interviews with judges and lawyers, the author concludes that there is significant truth to this hypothesis. After giving an overview of particularly distinct aspects of Federal Courts procedure, various reasons for the difference in efficiency in court procedure are considered. It is ultimately concluded that Federal Courts’ procedure’s efficiency is due to a confluence of factors. Some of these are not realistically applicable to other jurisdictions, such as a relatively small court and confined subject matter jurisdiction. But others are very applicable, including: a friendly but strict registry; case management; enforcement of rules; and judicial specialization. While the article is largely praising of Federal Courts procedure, areas of potential improvement are considered, including court composition, the integration of civil law; and limitations due to confined subject matter jurisdiction (which is a double-edged sword for access to justice). But ultimately, the article is complimentary towards initiatives and culture in the Federal Courts that have been to the benefit of access to justice.