This article argues that in Australia there is an absolute constitutional duty to provide reasons for judicial decisions and examines whether the general practice of the New South Wales Court of Appeal and the High Court complies with that duty when deciding applications for leave...
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.
This article shows that substantive changes are occurring to reveal what was formerly invisible under the rubric of ‘private’, but invariably outside of the sovereign body of law.
In this article we apply the method of quantitative textual analysis known as ‘topic modelling’ to a significant Australian legal text corpus: that of judgments of the High Court of Australia from 1903 to 2015. The High Court of Australia has been a perennial topic...
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...
Judges take a risk when they step outside the courtroom to play the role of royal commissioner
Dyson Heydon wasn’t the first royal commissioner to face allegations of bias, and he’s unlikely to be the last. Other commissioners, especially in Queensland, have fallen...
Findings from the research clarify aspects of the form, nature and circumstances of appropriate judicial humour and its positive functions.
The use of humour by judicial officers is subject to formal and informal regulation. Inappropriate judicial humour may undermine core judicial...
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.
Judges are human. It is their humanity that allows them to pass judgement on...
What are we looking for in judges, and particularly in a chief justice? The controversy over the Queensland government’s appointment of Tim Carmody QC helps clarify the issues
What qualities make for a good judge? Are certain knowledge and skills enough to justify...
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...
This Senate report examines:
procedures for appointment and method of termination of judges;
term of appointment, including the desirability of a compulsory retirement age, and the merit of full-time, part-time or other arrangements;
jurisdictional issues, for example, the interface between...
George Williams surveys the High Court career of Justice Michael McHugh
JUSTICE MICHAEL McHUGH retired yesterday after sixteen years on the High Court. Appointed by Prime Minister Bob Hawke, he was the last judge left from the court of 1987-95 which, under Sir...
Judges are far from being a pampered lot, argues Sebastian De Brennan
THE ‘outrageous luxury’ of senior Australian judges receiving holidays of up to seven weeks has been much commented on recently. The NSW Opposition legal affairs spokesman, Andrew Tink, is among those who...
As a new nation building its own democracy, East Timor is drawing from the experiences and information of other nations accordingly. CDI, under a program of cooperation with Federal Court of Australia, developed an observational study tour that brought two East Timorese judges to Darwin...
This paper by Philippine Supreme Court Justice Paganiban addresses the topic 'Paradigm Shifts in the Law and Legal Philosophy'. It covers a wide range of issues discussing Supreme Court decisions touching on economic globalization, WTO membership, deregulation and decentralization. It also deals with issues of...
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...