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
Real Estate & Projects Lawyer (6+ years PAE)
Category: Property Law | Location: Sydney CBD, Inner West & Eastern Suburbs Sydney NSW
· Top tier firm with offices nationally · High profile clients
View details
Chief Justice encourages convergence in legal systems

Chief Justice encourages convergence in legal systems

Tom Bathurst

The Chief Justice of the NSW Supreme Court, Tom Bathurst, has called for greater convergence across legal systems, suggesting the outcome would benefit all parties involved.

Speaking at the fifth Judicial Seminar on Commercial Litigation last week, Justice Bathurst (pictured) said the first way convergence could be achieved is through judicial decision-making, which involves an understanding of other countries’ legal systems.

“This process can already be seen to a degree in common law countries in our region,” Justice Bathurst said.

“Hong Kong, Australia, Singapore, Malaysia and New Zealand all have common law systems with English heritage.

“In courts in those countries, there is a level of deference to and respect for one another’s decisions, stemming from common history and a shared understanding of one another’s legal systems, which assists in harmonisation in the development of legal principle.”

Justice Bathurst believes judges, to the extent possible, should seek to familiarise themselves with the similarities and differences between the approach taken by their court and the approaches of other courts in the region.

“In some instances, it is possible for sitting judges in one country to sit on international disputes in the courts of another country,” he said.

“This is a development which, in my view, should be encouraged.”

However, Justice Bathurst noted such processes are only possible when there is a degree of mutual understanding between commercial legal systems, which makes looking to foreign jurisdictions practicable.

“Knowledge and understanding increases courts’ intellectual toolkit in resolving disputes, allowing us to draw upon the strengths of other courts in our region,” he said.

“I am not suggesting that judicial decision-making can lead to a degree of convergence between common and civil law systems in the Asia-Pacific region … Not only is complete harmonisation impossible, but it is also undesirable.

“All courts in our region have spent many years developing their own legal systems and adapting the law to suit the particular needs of their countries. However, even a modest degree of convergence in judicial decision-making can increase certainty and reduce the costs of parties to cross-border commercial disputes.

“For example, a greater understanding and appreciation of different legal concepts enables judges to make decisions on issues such as venue disputes with a greater understanding of what will occur if they accept or decline jurisdiction.”


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

Chief Justice encourages convergence in legal systems
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
Unite
07:04
Professionals unite in support of marriage equality
The presidents of representative bodies for solicitors, barristers and doctors in NSW have come toge...
Aug 21 2017
Is your firm on the right track for gig economy gains?
Promoted by Crowd & Co. The way we do business, where we work, how we engage with workers, ev...
Scales of Justice, Victorian County Court, retiring judges
Aug 21 2017
Replacements named for retired Vic judges
Two new judicial officers have been appointed in the Victorian County Court, following the retire...
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 & ...