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Case management in reducing case backlogs: potential adaptation from the New South Wales district court to Bangladesh civil trial courts

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thesis
posted on 28.03.2022, 23:47 authored by Ummey Sharaban Tahura
The District Court of NSW was chosen as an example of successful use of case management in reducing backlogs and disposal time in civil cases; therefore the court system of Bangladesh has been compared with that of New South Wales (Australia) concerning the courts' structure, procedures to appoint judges, jurisdiction of the specific court, the separation of the judiciary from the executive, and other institutions relating to the court system. The study aims to show how case management can reduce case backlogs from the civil trial courts of Bangladesh by finding the practical causes through empirical research following grounded theory. Semi-structured, open-ended interviews with lawyers, litigants,judges, and court staff were conducted in seven districts of Bangladesh between September 2013and January 2014. This empirical research found that time limits imposed by law were not maintained in the courts. Moreover, excessive workload upon judges and lawyers, low rates of disposal through mediation, uncertain intention of lawyers and clients, insufficient logistic and technical support, frequent involvement of the higher courts in interlocutory matters, and also complex procedural law and its applications placed immense pressure on the courts creating huge backlogs. Adopting a suitable case management system in Bangladesh, based on that used in NSW, could reduce the backlogs. Recommendations based upon the empirical research are advanced.

History

Table of Contents

Chapter One. A prologue to the thesis -- Chapter Two. Case management as a tool in reducing case backlogs -- Chapter Three. The court system of Bangladesh compared with that of New South Wales (Australia) -- Chapter Four. Evaluation of case management in the district court of New South Wales, Australia -- Chapter Five. Procedural experiences from Bangladesh civil trial courts : data collection and analysis -- Chapter Six. Introducing case management in Bangladesh : recommendation and way forward.

Notes

Theoretical thesis. Bibliography: pages 185-205 Pages 243-254 comprise foldout tables.

Awarding Institution

Macquarie University

Degree Type

Thesis masters research

Degree

MPhil, Macquarie University, Faculty of Arts, Macquarie Law School

Department, Centre or School

Macquarie Law School

Year of Award

2015

Principal Supervisor

Margaret Rose Louise Leckie Kelly

Additional Supervisor 1

Shawkat Alam

Rights

Copyright Ummey Sharaban Tahura 2015. Copyright disclaimer: http://www.copyright.mq.edu.au

Language

English

Jurisdiction

Bangladesh

Extent

1 online resource (xxiv, 253 pages) diagrams, graphs

Former Identifiers

mq:44511 http://hdl.handle.net/1959.14/1069865