find the latest legal job
Corporate and Commercial Partner
Category: Corporate and Commercial Law | Location: Adelaide SA 5000
· Adelaide CBD · Join a leading Adelaide commercial law firm
View details
Freelance Project Finance Lawyers
Category: Other | Location: All Australia
· Vario are looking for freelance lawyers with experience in project finance ideally within the renewable energy sector
View details
Vario Freelance Lawyers
Category: Construction Law | Location: All Australia
· We are looking for lawyers who appreciate the endless possibilities that a freelance career can offer.
View details
Freelance Construction Lawyers
Category: Construction Law | Location: All Melbourne VIC
· We are looking for construction lawyers who appreciate the endless possibilities that a freelance career can offer.
View details
Banking Associate - 1-6PQE - Allen & Overy
Category: Banking and Finance Law | Location: United Kingdom
· Banking Associate - 1-6 PQE - Allen & Overy
View details
Chief Justice fears cost-cutting threatens judicial independence

Chief Justice fears cost-cutting threatens judicial independence

Chief Justice of Victoria Marilyn Warren AC has warned that efforts by the Government to reduce the cost of dispute resolution are putting the independence of the judiciary at risk.In an address…

Chief Justice of Victoria Marilyn Warren AC has warned that efforts by the Government to reduce the cost of dispute resolution are putting the independence of the judiciary at risk.

In an address to the University of Melbourne's Law School on 27 May 2010, Warren spoke at length about the critical importance of judicial independence. She said law reform agencies and governments are anxious to implement civil procedure reforms and noted the potentially detrimental impact of these changes.

Warren explained that arrangements such as over-arching obligations, pre-action protocols, liberal powers of case management invested in courts, narrowed discovery and expanded alternative dispute resolution procedures are intended by governments to reduce the cost to the state of dispute resolution.

But these reforms, according to Warren, mean the resolution of disputes between citizens are more frequently played out in a private rather than public forum and that increased pressure is placed upon the judiciary to play a managerial rather then a judicial role.

Warren warns of the dangers associated with such an approach by stating: "Immediately two phenomena arise: closed justice and the risk of tainting the impartiality of the judicial function. Judicial independence is at risk."

Discussing additional threats to judicial independence, Warren touched on the impact of the media and the pressure placed on judges by media campaigns for increased sentences.

"Further research is yet to be done, but there is a real prospect of a correlation between the increase in the sentences imposed and pressure brought to bear by sectors of the media to achieve a populist outcome of increased sentences," she said.

Warren concluded by saying: "As a matter of constitutional and legal principle [judicial independence] matters because [it] lies at the heart of our democracy."

To read more of Chief Justice Warren's speech visit: http://www.supremecourt.vic.gov.au/wps/wcm/connect/justlib/supreme+court/home/library/the+victoria+law+foundation+law+week+oration+delivery+by+the+chief+justice+of+victoria

Like this story? Read more:

Book commemorates diamond milestone for WA law society

QLS condemns actions of disgraced lawyer as ‘stain on the profession’

NSW proposes big justice reforms to target risk of reoffending

Chief Justice fears cost-cutting threatens judicial independence
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
Jan 23 2018
Disrupting traditional archiving and storage methods
Promoted by Fileman TRENDS COME and go but technology and its disruption to the legal landscape h...
Scales of Justice
Jan 23 2018
WA to close ‘legal loophole’ on gender reassignment laws
Laws in Western Australia will soon change to permit married people to undergo gender reassignment s...
Lawyers take to Twitter to share career stories
Jan 22 2018
Lawyers take to Twitter to share career stories
The #mypathtolaw hashtag has been embraced by legal eagles to swap stories with the Twitter communit...
APPOINTMENTS
Allens managing partner Richard Spurio, image courtesy Allens' website
Jun 21 2017
Promo season at Allens
A group of lawyers at Allens have received promotions across its PNG and Australian offices. ...
May 11 2017
Partner exits for in-house role
A Victorian lawyer has left the partnership of a national firm to start a new gig with state governm...
Esteban Gomez
May 11 2017
National firm recruits ‘major asset’
A national law firm has announced it has appointed a new corporate partner who brings over 15 years'...
opinion
Nicole Rich
May 16 2017
Access to justice for young transgender Australians
Reform is looming for the process that young transgender Australians and their families must current...
Geoff Roberson
May 11 2017
The lighter side of the law: when law and comedy collide
On the face of it, there doesn’t seem to be much that is amusing about the law, writes Geoff Rober...
Help
May 10 2017
Advocate’s immunity – without fear or without favour but not both
On 29 March 2017, the High Court handed down its decision in David Kendirjian v Eugene Lepore & ...