Legal Efficiency as Dogma: Neoliberalism, justice and the Australian civil law system

The coupling of justice, efficiency and cost in case management suggests a clear assumption: justice, economy and the smooth running of a process are all elements of the same program within a legal system. The suggestion, expressed in Aon Risk Services Australia Ltd v Australian National University (2009), is typically oriented towards assumptions of systemic behaviour in the name of efficiency. This paper argues that Australian law has moved towards a distinct neoliberal model, reflected by a chronic suspicion of lengthier proceedings. This, it argues, misunderstands the basis of just resolution of proceedings, and neglects the sensible rationale provided in State of Queensland v JL Holdings Pty Ltd (1997) 186 CLR 146. Justice delayed is not always justice denied.