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Judicial method
Table of Contents
Delivery of judgments
How to develop effective judgment writing
The Honourable Mr D Lloyd QC
Five ways to improve your judgment writing
Professor J Raymond
Identify the issues before you start writing
Arrange the issues in a sequence that makes sense
Analyse the issues by using an appropriate pattern of analysis
Write a beginning that provides the context for understanding the issues
Write a conclusion that recapitulates your analysis
Judgment writing in final and intermediate courts of appeal
Her Excellency the Honourable Margaret Beazley AC QC
The architecture of argument
Professor J Raymond
The universal logic of the law
A universal outline for judgments
A seven-step recipe for organisation
Recommended reading
Why write judgments
The Honourable Justice S Gageler AC
Introduction
Sir Frank Kitto’s Answer
Contemporary controversy
Condorcet’s jury theorem
Risks to independence
Costs and benefits
Conclusion
Adequate, sufficient and excessive reasons
The Honourable Justice M Weinberg AO
The justification for giving reasons
What are adequate or sufficient reasons?
“Horses for courses”
Summary justice — Magistrates’ Courts and VCAT
Trial judges
Intermediate appellate courts
The High Court
How should judgments be written?
The idea of the professional judge: multiple versus single appellate judgments
The Honourable Justice P Keane AC
Multiple judgments or joint judgments
Timeliness
Coherence and clarity
Coherence and authority
The High Court
Conclusion
Further references on delivery of judgments
Communication
The national certification system for the translating and interpreting profession in Australia
Mr M Painting
Introduction
The JCDI Standards
Background to NAATI
Improving NAATI’s processes
Minimum standards to ensure properly qualified interpreters are engaged
Conclusion
Recommended national standards for working with interpreters in courts and tribunals
Stephanie Olbrich
Overview of the recommended standards
Recommended standards for judicial officers
Recommended standards for courts
Recommended standards for interpreters
Recommended standards for legal practitioners
Model rules and model practice note
Legal appendix
Annexures
A note about implementation
Who produced the resource
Managing courtroom communication: reflections of an observer
Joanna Kalowski
Some safe assumptions judicial officers can make about litigants
How does the ordinary litigant know what to expect
?
Expectations of courts in general and the judicial officer in particular
Realistic expectations of judicial authority
Further references on communication
Legal reasoning
Alternative facts in the courts
The Honourable Justice S Gageler AC
“Alternative facts”
The Dixonian perspective
Truth and the adversarial process
Truth and uncertainty
Truth and subjectivity
Truth and integrity
The craft of judging and legal reasoning
The Honourable Mr Justice Mostyn
Basic categories of argumentation in legal reasoning
Professor Douglas Lind
The significance of logic for law
Basic logic terms and concepts
Basic categories of argumentation
Inductive reasoning
Deductive reasoning
Conclusion
The role of judicial education
Continuing judicial education: the Australian experience
The Honourable Justice J Allsop AO
Introduction
The Australian judicial system
Appointment and removal of judicial officers
Continuing judicial education
Interaction of Australian judicial education bodies and the National Standard for judicial education
The Judicial Commission of NSW
The future of judicial education in Australia
The future of judicial education
The Honourable A M Gleeson AC QC
The need for education
Judge-led education
Judicial independence
International guiding principles for judicial education
Mr E Schmatt AM, PSM
Principles
Demystifying judicial commissions
The Honourable T F Bathurst AC