Appointment of new ICAC commissioners in NSW … Widely regarded Supreme Court nominee overlooked as chief commissioner in favour of an undistinguished District Court judge … Interviewed after the decision about the successful candidate had already been made … Appointment process riddled with oddities
Sisyphean tasks
Uncategorized Friday, August 12, 2022Judges and their impartiality … The long neglected territory of complaints about federal judges … Teaching humility … Gingering up appointments … Data collection to pin point judicial outliers … Max Shanahan gets to grips with the bold work of the ALRC
White man’s law
Uncategorized Friday, August 12, 2022Unlike the nation as a whole, Australia’s judiciary is predominantly pale and male … Composition of courts unrepresentative of the people they serve … The barristers’ pool culturally homogenous … Coalition’s poor record of diverse cultural and gender Federal Court appointments … Joseph Friedman calls for change COMMENT: Whilst I agree that more diversity of many kinds is needed on Australian courts and that LNP governments have a lamentable record on this issue, I think the broad brush approach taken by the author on some issues should be challenged.
First, the proposition that the US Supreme Court has commendable diversity is, at best, specious. It may have three Judges who are not white but it can fairly be argued that Justice Thomas is in every other respect, "male, pale and stale". The Court lacks religious diversity – 7 of its members are Roman Catholic. It lacks political or philosophical diversity – at least 5, maybe 6, of its members are extremely conservative, not just conservative. The Court is not truly independent of partisan political influence.
Secondly, the author fails to recognise some important facts about the Australian High Court in relation to meaningful diversity. In recent years two openly gay people, one male and the other female, were appointed to the Court. There are currently 3 female judges on a bench of seven, one of whom is the Chief Justice. Giving credit where it is due – one of the current female judges was appointed by the former LNP federal government.
Thirdly, the author's treatment of the Supreme Court of Victoria is a little glib. The Court of has 53 full time judicial officers, of whom 21 are female. Significantly the current Chief Justice, and her predecessor, are female. Likewise the current President of the Court of Appeal is female.
Fourthly, there is no mention of the recent appointment of an Aboriginal male Silk to the Supreme Court of Queensland.
Fifthly, the author focuses on superior courts to the exclusion of lower courts and tribunals, where the vast majority of judicial work is performed.
Had the author performed an audit of appointments to the Magistrate’s and County Courts by the Andrew’s government here in Victoria since 2015 he would have discovered gender, ethnic and sexuality diversity in many of the appointments.
Balkan intrigues
Uncategorized Thursday, August 11, 2022Miscarriage of justice … Justice Robertson Wright, Julius Caesar expert, to examine the 1981 Croatian Six trial … Third time lucky … Prosecution failed to disclose conflicted role of chief crown witness … From our Balkan affairs correspondent COMMENT:
We’ll have a barrel of fun
Uncategorized Monday, August 8, 2022We’ll have a barrel of fun … What to do about pork-barrelling … aka misuse of public money … NSW’s ICAC makes suggestions … Report inspired by Aunty Glady’s fund for securing marginal seats … Max Shanahan reports
Fees please
Uncategorized Sunday, August 7, 2022Medical negligence case sees extraordinary pre-trial bill … Solicitor-client costs … Compromised settlement before trial … Judge asks for details … Trustee to look carefully … Plus news from WA on judge deciding a case on grounds that had not been pleaded … Court in the Act
Secret Seven Go Back to Work
Uncategorized Friday, August 5, 2022High Court’s work rate … Productivity drops in recent years … Annual report … Hefty expenditures on “workplace issues” … Interesting items of expenditure … From our High Court watcher Misty Malone
Too much information
Uncategorized Monday, August 1, 2022Worldly Salvatore Vasta delves into the rich crevices of the English language … Special translation confined to an appendix … Boggo Road drama … Insults … Pete, Pete pumpkin eater … Special from the FCFC