Without fear or favour: judicial impartiality and the law on bias

At a general level, public confidence in the Australian courts is high, and the Australian judiciary is highly respected internationally for its integrity and impartiality. This inquiry was set against the background of the importance of maintaining public confidence in the administration of justice for...
Briefing paper

The law on judicial bias: a primer

This background paper provides an introductory summary and overview of key aspects of the law on judicial bias, as it relates to the Australian federal judiciary.

Poland 2019: the state of the judiciary

This briefing provides an update on the state of judicial independence in Poland. The situation is characterised by the ongoing harassment of judges who stood in defence of the rule of law and human rights, and by media smear campaign against judges with alleged links...
Fact sheet

Fact Check: Can High Court justices be dual citizens?

The University of Queensland's Professor Graeme Orr, claims High Court justices can hold dual citizens but parliamentarians cannot.

A simulation model of the NSW District Criminal Court with illustrative applications

This study aimed to determine the effect of various possible reforms on the pending case backlog in the Sydney registry of the NSW District Criminal Court using a simulation model.
Journal article

Judges and retirement ages

All Commonwealth, state and territory judges in Australia are subject to mandatory retirement ages. While the 1977 referendum, which introduced judicial retirement ages for the Australian federal judiciary, commanded broad public support, this article argues that the aims of judicial retirement ages are no longer...

A rocky road for unwary royal commissioners

Judges take a risk when they step outside the courtroom to play the role of royal commissioner, writes Janet Ransley.
Journal article

Judicial humour in the Australian courtroom

Findings from the research clarify aspects of the form, nature and circumstances of appropriate judicial humour and its positive functions. Summary
Journal article

Judicial conduct: crafting a system that enhances institutional integrity

This article proffers an alternative system for handling complaints about the judiciary, tailored to fit within Australia's constitutional constraints whilst promoting the institutional integrity of the judiciary. Abstract Judges are human. It is their humanity that allows them to pass judgement on the complexities of...

Evaluation report for Pacific Judicial Development Programme

This evaluation focuses on the achievement of outputs and short-term results, and progress towards longer-term results of the Pacific Judicial Development Programme 2010- 2012. It did not consider impact as it is too soon to assess programme impacts. It will be used by MFAT to...

Democracy and the High Court

George Williams surveys the High Court career of Justice Michael McHugh.
Working paper

Judicial activism: justice or treason?

Tom Campbell argues that, outside the confines of a fairly conservative common law methodology, "judicial activism" can be so wrong as to be treasonable. He argues that it is a breach of trust and an abuse of judicial power that undermines the foundations of constitutional...