Inquiry

Judicial Impartiality

A review of the laws relating to impartiality and bias as they apply to the federal judiciary.

29.04.2021

The Fair-Minded Observer and its Critics (JI7)

This paper considers the test used to decide when a judge will be disqualified from hearing a case because there is a risk that people might think they might be biased. The notion of judicial impartiality is so central to confidence in the administration of justice that the law has developed this mechanism — disqualification

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29.04.2021

Cognitive and Social Biases in Judicial Decision-Making (JI6)

This paper aims to shed light on the psychology behind the traditionally ‘opaque exercise of judging’.  First, the paper explains how heuristics, attitudes, and stereotypes may influence (and bias) human decision-making. It then discusses research that has found that judges are likely to be vulnerable to many of the ordinary cognitive and social biases that

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28.04.2021

Ethics, Professional Development, and Accountability (JI5)

This background paper briefly examines the relationship between judicial ethics, professional development, impartiality, and accountability. It then provides a survey of existing ethical infrastructure, professional development standards, and mechanisms to respond to judicial misconduct and incapacity relating to the federal judiciary. This is one in a series of background papers produced by the Australian Law Reform Commission

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20.04.2021

Webinars/Events

Past Events Webinar – Without Fear or Favour: Responses to the ALRC Report on Judicial Impartiality On Thursday 29 September 2022, the Australian Law Reform Commission hosted a event featuring the Attorney-General’s address, which delivered the Australian Government’s response to the ALRC’s final report and recommendations in the Judicial Impartiality Inquiry, followed by reflections on

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16.04.2021

Conceptions of Judicial Impartiality in Theory and Practice (JI4)

This background paper provides an overview of scholarship and commentary on judicial impartiality, summarising the common conceptual understandings of judicial impartiality and the interactions of these conceptions with the practical exercise of judgecraft in Australia. It forms the basis for understanding some of the underlying tensions raised in a series of background papers that explore

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30.03.2021

Judicial Impartiality eNews | New Judicial Impartiality Background Papers Released

Two new background papers for the review into judicial impartiality have now been released.

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30.03.2021

The Federal Judiciary – the Inquiry in Context (JI3)

This background paper provides an overview of the composition of the federal judiciary; the jurisdiction of the Commonwealth courts; the workload of those courts; and the frequency of complaints against judicial officers (noting that such complaints may not necessarily be in relation to an allegation of impartiality or bias). It also gives a preliminary analysis

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30.03.2021

Recusal and self-disqualification (JI2)

This background paper is focused on the practical matter of how courts manage claims (and the potential for claims) by litigants that the judicial officer deciding their matter is, or might appear to be, biased. This is one in a series of background papers produced by the Australian Law Reform Commission as part of its Review

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26.03.2021

Consultation Documents

In April 2021, the ALRC published a Consultation Paper containing questions and draft proposals for public comment. The closing date for submissions in response to the Consultation Paper was 30 June 2021. The Consultation Paper was accompanied by a series of background papers which provided a high-level overview of key principles and research on topics

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12.03.2021

Judicial impartiality seminar stimulates important discussions

On Tuesday 2 March 2020 the Australian Law Reform Commission (ALRC) co-hosted a panel seminar with the Australian Academy of Law at the Federal Court of Australia in Sydney. The expert panel explored issues of public confidence, apprehended bias, and the modern federal judiciary. The ‘sold out’ event provided a conducive format for discussion relevant

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