The foundation was engaged by the Department of Justice NSW to investigate the quality and utility of each court and tribunal’s data in informing policy and practice. This report focuses on Supreme Court data.
This paper recommends that victims of crime be given the right to instruct the DPP to seek leave to appeal sentences that they find unjustly lenient. The primary goal of this reform is to address community concern that the judiciary is out-of-touch with community standards,...
The QoWL Quality of Working Life Survey was sent in June 2018 to 2160 Victorian Bar Practicing Certificate holders and 856 valid responses were returned (40%).
This discussion paper asks 33 questions and makes 124 proposals for change to the family law system, which focus on support for children, improving public understanding of the processes, accessible and coordinated service delivery, and enhanced oversight of the family law system and its workforce.
This paper collates recent statistical information on crime rates, victims, offenders, policing, juvenile justice, criminal courts and corrections in New South Wales. It is designed to provide an evidence base to inform public discussion and policy development.
This research, funded by the New Zealand Law Foundation, and carried out by the New Zealand Bar Association, has shown that female lawyers are greatly under-represented in appearances before the Court of Appeal and Supreme Court.
The Justice Project, which began in early 2017, is the Law Council’s national, comprehensive review into the state of access to justice in Australia for people experiencing significant disadvantage. It is one of the most extensive reviews of its type in forty years.
On 27 July 2018, Professor Rhoades presented at the annual Australian Institute of Family Studies Conference.
Conducted by the Law and Justice Foundation of NSW, this new study is part of the first ever comprehensive investigation of the quality and utility of NSW’s civil court and tribunal administrative data system for informing policy and practice.
This report explores quantitative and qualitative data relevant to direct cross‑examination involving self-represented litigants in family law matters.
On 16 December 2016, the Attorney-General, the Hon. Martin Pakula MP, asked the Victorian Law Reform Commission to report on ways to ensure that litigants who use the services of litigation funders or participate in group proceedings (class actions) are not exposed to unfair risks...
This report sets out findings from the Children and Young People in Separated Families: Family Law System Experiences and Needs project, a qualitative study commissioned and funded by the federal Attorney-General’s Department (AGD). This study aimed to investigate the experiences and needs of young people...
This study systematically reviews research into the use and impact of protection orders, using the EMMIE framework (Effectiveness, Mechanisms, Moderators, Implementation and Economy).
Negotiating guilty pleas (‘plea bargaining’) is a central element of criminal justice processes in Australia, yet little is known outside the legal community about the frequency and outcomes of plea negotiations.
This study addresses this important knowledge gap through qualitative and quantitative analysis of...
Even when ASIC has been sufficiently resourced to pursue litigation, the Australian courts have contributed to an environment where contravening behaviour is a rewarding option.
This study aims to estimate an unbiased effect of commencing the EQUIPS Domestic Abuse Program on general re-offending and domestic violence related re-offending.
This report found evidence which suggests that a well-designed, specialist response to repeat drink driving, would provide a promising alternative to traditional sentencing approaches.
The Open Courts Act Review was asked to consider whether the Act is striking the right balance between the need for open and transparent justice, and the need to protect the legitimate interests of victims, witnesses and accused persons, and to preserve the proper administration...
This paper provides an overview of the current approach taken to reduction of sentence for a guilty plea in Tasmania, and examines legislative approaches to sentencing discounts for pleas of guilty in other Australian jurisdictions and comparable international jurisdictions.