Handbook for Judicial Officers
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The role of the judicial officer
Table of Contents
Independence, accountability and open justice
Who judges the judges, and how should they be judged
?
The Honourable T F Bathurst AC
Introduction
Accountability
Independence
Quantity vs quality
A side note on sentencing
Conclusion
“Something more, something less”: the contemporary meaning of open justice
The Honourable T F Bathurst AC
Judicial independence — from what and to what end
?
The Honourable S Kiefel AC
An overview
Independence from what
?
Judicial independence — to what end
?
Further references on independence, accountability and open justice
Impartiality and fairness
Impartiality and emotion in judicial work
Professor S Roach Anleu and Emerita Professor K Mack
Introduction
Impartiality, emotion and judicial practice
Conclusion
Doing right by “all manner of people”
The Honourable T F Bathurst AC and Ms Sarah Schwartz
Introduction
The importance of equal access to justice for Australia’s diverse community
The importance of accommodating international commercial litigants in Australian courts
Access and participation issues for Australia’s diverse community and international commercial litigants
Knowledge and understanding of legal rights and court processes
Communication barriers
Confidence in the legal system
Measures to improve inclusivity and access
Overcoming communication barriers through interpreters
Community engagement
Global engagement
Conclusion
Attributes of a good judge
The Honourable Justice E Kyrou
Personal background
Professional background
Independence
Impartiality
Communication skills
Patience
Cultural awareness and tolerance
Courtesy
Compassion
Humility
People skills
Community engagement
Sense of perspective
Sense of humour
Further references on impartiality and fairness
Diversity
Cultural diversity: the role of the judge in ensuring a fair trial
The Honourable Justice H Wood
Australia’s cultural diversity at a glance
Barriers to justice
The duty of fairness: cast in stone
Practical issues concerning jury trials
Cultural awareness
Critical role of counsel
The importance of trial directions
Countering stereotypes and prejudice
Informing the jury
Modifying well-settled directions
Demeanour
A broader cultural perspective
Should we be more explicit about our roles
?
Judicial Council on Diversity and Inclusion
Conclusion
After R v Bayda; R v Namoa (No 8): continuing the dialogue with academics of Islam
Mr B Rauf
Introduction
The decision in R v Bayda; R v Namoa (No 8)
Reactions to the decision
Discussions with Professor Mohammad Abdalla and Dr Salim Farrar
Discussions about Islamophobia with Dr Iner and Ms Jabri Markwell
Continuing dialogue and engagement
Explanatory note on the judicial process and participation of Muslims
The Australian National Imams Council (ANIC)
The meaning of justice in Islam
Court protocols
Oaths and affirmations
Dress code
Dealing with the opposite gender
Introducing the national online cultural diversity training program
The Honourable Mr W Martin AC QC
Introduction
The nine modules
Encourage a high level of cultural awareness in the courtroom
Identify when intercultural misunderstandings have occurred
Understand how to use plain English principles to aid multicultural communication
Assess the need for interpreting assistance
Work effectively with interpreters
Apply cultural awareness principles in practice
Conclusion
Further references on diversity
Ethics and conduct
Lawyers and judges: the fifth attribute
The Honourable Mr R Sackville AO QC
A changing legal environment
The limitations of “thin” democracy
The rule of law
Courage as a professional virtue
Trust in the judiciary
The Honourable T F Bathurst AC
Introduction
Trust matters
What does it mean for the public to trust in the judiciary
?
Appointing judges who inspire trust in the judiciary
Trust in the competency of the judiciary
Trust in the integrity of the judiciary
Trust in the benevolence of the judiciary
Conclusion
Shaping legal minds — the ethical mind
The Honourable S Kiefel AC
Further references on ethics and conduct
Efficiency, competence, delay and case management
The Penrith District Court approach to efficiency in trial management
His Honour Judge S Hanley SC
Prior to arraignment
At arraignment
Lead up to the call over
Call over
Improved trial efficiency at the Penrith District Court
Fact-finding made easy
The Honourable Mr P Young AO QC
Introduction
General observations
“Rules” from the cases
Primary principles
Analysis
Secondary guidelines
Pitfalls
Satanic verses
Expert evidence
Conclusion
Just, quick and cheap
?
Civil dispute resolution and technology
Professor T Sourdin, Dr B Li and Mr A Burke
Introduction
Technology and “justice”
Concerns about technological change
Innovation readiness
Conclusion
Delay too often defeats justice
The Right Honourable Lord Dyson
Introduction
Magna Carta — to no-one will we deny or delay right or justice
Delay — a means to defeat justice
Dealing with delay today
The proper use of technology
Effective procedural reform and case management
Conclusion
Some legal scenery
The Honourable A M Gleeson AC
The law’s delay
The cost of justice
Efficiency
Legal argument
The place of judges in government
Further references on efficiency and case management