Consultation Documentation


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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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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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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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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The Law on Judicial Bias: A Primer (JI1)

This background paper provides an introductory summary and overview of key aspects of the law on judicial bias as it relates to the Australian federal judiciary. This is one in a series of background papers produced by the Australian Law Reform Commission as part of its Review of Judicial Impartiality. In April 2021, the ALRC will

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Discussion Paper 87

The ALRC seeks stakeholder submissions on 23 proposals for reform to the Commonwealth’s corporate criminal law regime, and asks 11 questions on particular areas of reform. The Discussion Paper addresses a number of aspects of corporate criminal liability, including:
• the principled division between criminal offences and civil penalty provisions;
• the method for attributing criminal liability to corporations;
• individual liability for corporate offences;
• deferred prosecution agreements;
• penalties and the sentencing process;
• illegal phoenix activity (deliberate liquidation with the intent to avoid creditors and continue operations through a new entity); and
• the implications of the transnational nature of business and extraterritorial offences.

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Thinking big: The Australian Constitution as a law reform project

As part of the ALRC’s Where next for law reform? project the ALRC is encouraging Australians to think big. Arguably the most significant law reform initiative would be to revise the constitution. We have prepared a short paper to start the conversation.

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Review of the Family Law System: Discussion Paper

This Discussion Paper was released on 2 October 2018.  The Discussion Paper asks 33 questions and makes 124 proposals for change to the family law system, which focus on support for children in the family law system, improving public understanding of the family law system, accessible and coordinated service delivery, and enhanced oversight of the

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Inquiry into Class Action Proceedings and Third-Party Litigation Funders (DP 85)

This Discussion paper was released on 31 May 2018. The Discussion Paper provides 16 proposals and asks 11 questions that focus on the introduction of regulation appropriate for third-party litigation funders and strengthening the role of the Federal Court to further supervise funded class action proceedings.The ALRC invites submissions in response to the proposals, commentary,

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Review of the Family Law System—Issues Paper (IP 48)

This Issues Paper was released on 14 March 2018. The ALRC invites submissions in response to the commentary, analysis and questions in the Issues Paper. If your submission contains information about a court proceeding, including a proceeding under the Family Law Act 1975, you should carefully consider the terms of any order made by a court

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