The appointment of judges has hitherto been an obscure and oftentimes clandestine affair. This has produced incompetent judges and led to claims that the judiciary is beholden to the executive.
While our judges may prefer their anonymity, the process for choosing who sits on the highest court must be more transparent. Our system is beginning to look outdated.
Victoria and the ACT just joined other states in implementing judge-alone trials during the pandemic. Such a significant change deserves much more public scrutiny than it has received.
The very nature of law is that it’s ever-changing and open to interpretation.
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Assuming machines could take the place of judges belies their role as the third arm of government and makers of law.
Witness testimony is often a key element of a trial. While nonverbal behaviours such as crossed arms or furtive glances can influence decision-makers, often their beliefs about such cues are inaccurate.
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The Australian Law Reform Commission’s report makes a radical new suggestion that federal family courts be abolished. It also recommends changes to laws concerning parenting and property division.
A guardianship property in London.
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New laws were supposed to protect people from living in unsafe conditions – but in the eyes of a judge, property guardians might not even count as ‘tenants’.
How much judges are paid is a thorny issue for governments. It shouldn’t be.
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Secure and appropriate compensation for judges is a constitutionally recognized component of judicial independence. Here’s why politics must not be allowed to interfere with it.
Domestic killings have long been treated as somehow less serious than when random strangers are killed.
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The Crown said this case was an example of the worst type of murder, but the judge disagreed, arguing the killer, when freed, would be less of a threat to the wider community than some other killers.
How much have you had to drink?
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Appointing judges to lifetime terms can be among a president’s longest lasting legacies. The overwhelming majority of Trump’s nominees are conservative, white and male.
The nation’s family law system has long been in need of reform and greater resources.
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The proposed merger of the Family Court and Federal Circuit Court is intended to address delays and inefficiencies in the system. Experts question, however, how effective the reforms will be.
The Supreme Court judges as of October 2017.
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Inconsistencies in how judges handle appeal cases and different levels of legal provision around the country can leave asylum seekers facing a lottery.