Gordon Campbell | Parliament TV | Parliament Today | News Video | Crime | Employers | Housing | Immigration | Legal | Local Govt. | Maori | Welfare | Unions | Youth | Search


Slow judgements vs correct judgements – lessons from Oz

Slow judgements vs correct judgements – lessons from Australia

High Court of Australia Judge, Justice Stephen Gageler, will address recent criticism of court judgment delays in Australia, at the University of Canterbury (UC) on 23 July at 6.15pm.

As the 2019 Sir Eric Hotung Visiting Fellow, Justice Gageler will deliver a public lecture titled, The Quantity and the Quality of Justice: Constructivist and Ecological Rationality in a Common Law System. The lecture is intended for a public audience as well as judges, legal practitioners and legal academics.

“The delay in the production of judgments by judges was the subject of criticism by a recently retired judge of the High Court who criticised the Federal Court of Australia, and implicitly many of the courts of Australia, for being slow in producing judgments,” Justice Gageler says. The issue has been intensely debated in the Australian media.

“Judges swear an oath that they will do right according to law; that is, not just produce an outcome that is fair and adequate, but one that is legally correct.

“The difficulty with being legally correct is that it takes a long time. You have to think carefully and slowly through the problem. So the basic thesis is that there is an inherent tension between the sworn goal of getting to correct answers and achieving that result quickly - and you can’t really do both.”

It’s a problem that exists in every common law system, including New Zealand, he says.

UC’s law students benefit from hearing from specialists who visit the campus to share their expertise and experience. Previous Hotung Visiting Fellows have included Judges of the highest courts of the United Kingdom and the United States of America (the House of Lords and the American Supreme Court).

Asked what qualities a law graduate needs, Justice Gageler emphasises the importance of developing resilience. “In law, you’re faced with difficult human situations. Usually there is a deep conflict that underlies any case, criminal or civil, and sometimes it can be emotionally draining just dealing with the subject matter.”

The way to develop resilience, he believes, is through experiencing failure and overcoming adversity.

The Hotung Public Lecture is on Tuesday 23 July, 6:15pm to 7:15pm at Laws 108, Meremere, University Drive, Ilam. Attendance is free, but bookings are essential.

Justice Gageler:

Justice Gageler was Solicitor-General of Australia when he was appointed to the High Court of Australia in October 2012. Before his appointment as Solicitor-General in 2008, he practised as Senior Counsel at the private bar principally in constitutional law, administrative law and commercial law. He was admitted as a barrister of the Supreme Court of New South Wales in 1989 and was appointed Senior Counsel in 2000. He graduated in law from the Australian National University and has post-graduate qualifications from Harvard University.

Hotung Visiting Fellowship:

The Hotung Visiting Fellowship is administered by the Faculty of Law at the University of Canterbury for the purpose of hosting distinguished judges and legal research academics.

The Sir Eric Hotung Visiting Fellowship is made possible by the generous endowment of international philanthropist, the late Sir Eric Hotung CBE. The Fellowship sponsors the visit of distinguished judges and legal scholars, promotes the publication of significant research, and enhances the research profile of the Canterbury Law School. Previous Sir Eric Hotung Visiting Fellows include former American Supreme Court Justice Sandra Day O’Connor, United Kingdom Supreme Court Judge Lord Walker of Gestingthorpe, Australian Human Rights Commissioner Professor Gillian Triggs and Professor Robert Merkin QC from the University of Exeter.


© Scoop Media

Parliament Headlines | Politics Headlines | Regional Headlines

Gordon Campbell: On Global Factors Facing TV3

Oaktree Capital gave MediaWorks a gallows reprieve in 2013 by pushing out its former Australian owner Ironbridge and facilitating a receivership-driven restructure that enabled MediaWorks to shed a burden of tax liabilities and international programme purchasing contracts. Oaktree eventually assumed 100% ownership of Mediaworks in 2015.

But here’s the rub. In May of this year, Oaktree itself was bought into by the giant Canadian firm Brookfields Asset Management... In the light of the Brookfields stake and the uncertain state of the global economy, Oaktree has come under pressure to shed and/or streamline the underperforming assets in its portfolio. More>>


'Armed Response Teams': Armed Police "Will Cause American-Style Shootings"

The Police Commissioner's announcement that squadcars of officers with automatic rifles will patrol New Zealand's streets is dangerous and unnecessary, according to the criminal justice community organisation People Against Prisons Aotearoa. The ... More>>


Control Orders: Amnesty Says Don't Rush Terrorism Bill

"The problem is, we often see the word “terrorism” being applied broadly by oppressive regimes to detain innocent people who're simply rallying for a better life." More>>


Expert Reaction: $17 million To Fight Online Extremist Content

The Department of Internal Affairs will double its work investigating and preventing violent extremism online. Funding will also help bolster the Chief Censor's work to make fast decisions about harmful content. More>>


Could Do Better: Post-Sroubek Review Of Deportation Info

Ms Tremain acknowledges that the review highlighted some aspects of the process that can be improved and makes five main recommendations to strengthen the existing processes for preparing files for decision-makers. Those recommendations are: More>>


Gordon Campbell: On A New Book On The Leaky Homes Scandal

We all know that journalism is short of cash and under pressure from the speed, brevity and clickbait pressures of the 24/7 news cycle… but hey, given the right subject and a sufficiently stubborn journalist, it can still surpass most of the works of the academic historians... More>>

Regulation: Review Finds NZTA Road Safety Failings

The independent review, carried out by consultant agency MartinJenkins, lists at least 10 reasons for the failures including the agency being focused on customer service at the expense of its policing functions. More>>


Rod Carr: Climate Change Commission Chair-Designate Announced

Climate Change Minister James Shaw has today announced the appointment of Dr Rod Carr as Chair-designate for the Climate Change Commission. More>>


Compliance Complaints: 'Putting Right' Holidays Act Underpayment In Health

The Government is putting right a decade’s worth of underpayment to nurses, doctors and other health workers, says Health Minister Dr David Clark. More>>





InfoPages News Channels