Currency

Update 3, June 2025

New articles have been included in the Handbook as follows:

The role of the judicial officer

Independence, accountability and open justice

  • The Honourable Justice Gleeson’s address Judicial independence and liberal democracy has been included, on the importance of judges’ impartiality. The assumption that Australian judges are immune from the pressures of criticism or threats of political reform is both flawed and harmful, as her Honour discusses, where complacency can produce vulnerability.

  • Advancing judicial legitimacy by the Honourable Justice Gleeson conveys the importance of maintaining the general public’s respect for the judicial system and its decisions, particularly when considering the broader global context of democratic backsliding.

Diversity

Efficiency, competence, delay and case management

  • In Making good decisions, the Honourable Justice Payne characterises a “good” decision by open-mindedness, discipline, modesty, ability and resilience. Judgments in a tribunal context are framed by the application of value thresholds, such as “correct or preferable”, which requires a distinctly evaluative legal exercise from the appointed decision-maker. Justice Payne discusses how to embed these positive qualities into decisions with such a broad ambit.

Judicial method

Delivery of judgments

  • The Honourable Justice Bathurst emphasises clarity, brevity, and prioritising dispute resolution as central to judgment writing in a new addition Efficient, informal and fair: courts delivering under pressure. His Honour provides practical direction as to how to construct a decision with these qualities.

  • A speech by the Honourable Justice Beech-Jones titled Judgment writing: get smart is added, discussing four key aspects of judgment writing, focusing on the when, what, how and who of the process. In particular, his Honour discusses when and how to deliver an ex tempore judgment, and provides practical strategies for structuring and writing reserved judgments.

Communication

  • An address by the Honourable Justice Kunc, Where to next? Building a culture, urges for the expedient and binding implementation of Recommended Standards for interpreters in the legal system to support CALD parties.

Challenges and issues with the role of the judicial officer

Socialising and social media

Relationship with legal profession, bullying and sexual harassment

  • Judicial bullying: let’s have a conversation includes a number of practical suggestions on how to respond to judicial bullying and options for getting assistance and making a complaint. Ms Eastman AM SC further outlines the legal framework which governs the workplace environment.

Actual or apprehended bias and unconscious bias

Therapeutic jurisprudence and the trauma-informed court

Unrepresented and vexatious litigants and sovereign citizens

Artificial intelligence

  • A keynote address What do judicial officers need to know about the risks of AI? by the Honourable Justice Perry has been added to caution the delayed development of the law around emerging technologies in contrast to their constant evolution. Her Honour discusses examples of human bias programmed into new technologies, and their potential uses for disinformation and misinformation, highlighting the need for informed and effective regulation.

  • AI is further discussed by the Right Honourable Sir Geoffrey Vos in AI — Transforming the work of lawyers and judges, who addresses the practical uses of generative AI for both lawyers and judges, and how it may affect the legal industry in the future. He urges the importance of learning about AI systems, as their presence and our reliance upon them becomes increasingly unavoidable.

Acknowledgements

  • The contributing authors have been updated as per the addition of articles.

Update 2, September 2022

New articles have been included in the Handbook as follows:

Preliminaries

  • Handbook for Judicial Officers International Award — An Award of Professional Excellence was given by the Association for Continuing Legal Education to the Judicial Commission of NSW for the Handbook for Judicial Officers in the Best Publication category.

The role of the judicial officer

Part 2 Judicial method

  • “The national certification system for the translating and interpreting profession in Australia” has been updated by Mr Mark Painting to include the revised Recommended National Standards for Working with Interpreters in Courts and Tribunals in Communication

  • “Recommended national standards for working with interpreters in courts and tribunals” has been updated to include the new Recommended National Standards for Working with Interpreters in Courts and Tribunals in Communication

Part 3 Challenges and issues with the role of the judicial officer

  • “A fragile bastion: UNSW judicial traumatic stress study” by Professor J Hunter, Professor R Kemp, Mr K O’Sullivan and Professor P Vines in Stress and vicarious trauma

  • “Introducing solutions for maintaining positive psychological health: the judicial wellbeing portal” by her Honour Magistrate E Kennedy in Stress and vicarious trauma

  • “The importance of trauma-informed court practice” by Dr M King in Therapeutic jurisprudence and the trauma-informed court

  • “A road less travelled: footprints from trauma” by Magistrate M Douglass in Therapeutic jurisprudence and the trauma-informed court

  • “Artificial intelligence and litigation — future possibilities” by Mr D Farrands KC in Artificial intelligence

Update 1, October 2021

Original compilation.