find the latest legal job
Corporate Counsel and Company Secretary
Category: Generalists - In House | Location: Newcastle, Maitland & Hunter NSW
· Highly-respected, innovative and entrepreneurial Not-for-Profit · Competency based Board
View details
Chief Counsel and Company Secretary
Category: Generalists - In House | Location: Newcastle, Maitland & Hunter NSW
· Dynamic, high growth organisation · ASX listed market leader
View details
In-house Projects Lawyer | Renewables / Solar | 2-5 Years PQE
Category: Generalists - In House | Location: All Australia
· Help design the future · NASDAQ Listed
View details
Insurance Lawyer (3-5 PAE)
Category: Insurance and Superannuation Law | Location: Brisbane CBD & Inner Suburbs Brisbane QLD
· Dynamic organisation ·
View details
Legal Counsel
Category: Corporate and Commercial Law | Location: North Sydney NSW 2060
· 18 month fixed term contract · 3-5 years PQE with TMT exposure
View details
Judge stirs judicial system to change

Judge stirs judicial system to change

One of the country's top judges, NSW Chief Justice James Spigelman, this week used an address at the opening of the state's law term to issue a call to arms for the nation's judicial system.

ONE of the country's top judges, NSW Chief Justice James Spigelman, this week used an address at the opening of the state's law term to issue a call to arms for the nation's judicial system. 


His comments have stirred much response from the country's legal experts, other judges, and the country's Attorney General. 


Spigelman went so far as to criticise a task force set up by Attorney General Robert McClelland and its plan to create a separate legal services board responsible for legal admission and the discipline of judges. 


Yesterday A-G McClelland told journalist Carson Scott on Sky Business Channel an Australian judiciary can be done, adding that the government is looking at how it can be done. 


McClelland said it will involve, in the case of appointments to the Federal Court, the Commonwealth assuming primary responsibility for remuneration. 


"But there is certainly a willingness on the part of the Victorian and New South Wales Attorneys-General at least to discuss what contributions could be made to those arrangements at a State level," he said. 


He said another issue would sit around the heads of jurisdiction cooperating as to who would provide guidance, and at what point, to the allocation of the judges on the respective courts. 


He admitted there are some practical measures, and some challenges, to overcome. 


Despite some resistance to a national complaints handling, which came from Justice Spigelman as well as the New South Wales Attorney General, McClelland said :a national complaints procedure based on agreed national standards is ... a more effective way of doing things at a national level". 


He agreed the states may prefer their own developed system. New South Wales, which he said has a "Rolls-Royce model", may do so in particular. "But that doesn't mean we should not explore it and indeed we are through the Standing Committee of Attorneys-General."


On the problem of government getting involved in the composition and disciplinary part of the profession, McClelland said the concern is that having an independent legal profession is crucial to the advocacy that they have before an independent judiciary". These issues have to be listened to, he said. 



Like this story? Read more:

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

NSW proposes big justice reforms to target risk of reoffending

The legal budget breakdown 2017

Judge stirs judicial system to change
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
LCA president Fiona McLeod SC
Aug 17 2017
Where social fault lines meet the justice gap in Aus
After just returning from a tour of the Northern Territory, LCA president Fiona McLeod SC speaks wit...
Marriage equality flag
Aug 17 2017
ALHR backs High Court challenge to marriage equality postal vote
Australian Lawyers for Human Rights (ALHR) has voiced its support for a constitutional challenge to ...
Give advice
Aug 17 2017
A-G issues advice on judiciary’s public presence
Commonwealth Attorney-General George Brandis QC has offered his advice on the public presence of jud...
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 & ...