A century
of appointments but only one woman
by Rachel Davis and George Williams
Over the last century, only one woman has been appointed to the High Court of Australia. This article examines the presence — or rather the striking absence of — women on the Court. It is argued that this is one aspect of a broader problem relating to diversity among members of the Court, and the Australian judiciary at large. The argument is not that any particular appointment to the High Court has been inappropriate or undeserved, but rather that there is a systemic problem with the criteria typically regarded as relevant to appointment to Australia's highest court.
The seven habits
of a highly effective High Court
by Michael Coper
On the occasion of the centenary of the High Court of Australia, how should one determine whether the Court has been a success or a failure? ANU Law Dean Professor Michael Coper, a long-time commentator on the Court's role and record, takes a light-hearted look at the literature of 'self-help' or 'self-improvement' and concludes that, according to these teachings, Australia's number one legal family is almost entirely dysfunctional. He then turns more seriously to the question of what are the relevant criteria for success and failure in relation to the performance of the High Court, and finds that the question is but a gateway to a timeless debate about the very nature of the judicial process.
Defend Thyself!
by Tatum Hands and Danielle Davies
The federal Attorney General claims
that it is not his role to speak in defence of the High Court. Who then should
answer criticism levelled at the Court? In "Defend Thyself!" Tatum
Hands and Danielle Davies argue that in order to answer this question it is
necessary to look to the nature and provenance of the criticism. Rather than
nominating just one defender, Hands and Davies contend that different types
of criticism require different respondents, and that the judges themselves have
a role to play in their defence.
The road less
travelled: Non-party intervention
and the public litigation model in the High Court
by Jason Pierce
This article advances the argument that the High Court's conception of appellate litigation has profoundly changed in the last 20 years, shifting from a private litigation model toward a public litigation model. Greater levels of non-party intervention in High Court litigation evidence this shift. Drawing on interview data, the article also illustrates that senior appellate judges remain uneasy about this development.
Without
precedent: Sex/gender discrimination in the High Court
by Jocelynne Scutt
Only two cases on sex/gender discrimination issues have gone to the High Court in the 30 years that discrimination legislation has been in force. This article examines the situation and points out that without High Court precedent, sex/gender discrimination law remains without the benefit of the country's highest legal authority. Consequently, there is also a serious gap in the High Court's understanding of the way in which this sort of discrimination is founded and operates.
U
and U: Reflections on the High Court and family law
by Lisa Young
This article comments on the High Court's response to family law cases where a parent seeks to relocate with the child(ren). It argues that the majority of the High Court has not fully engaged with the legal and social issues found in these complex cases. Given the social impact of decision making in this area, the author claims that a more thorough examination of these issues is required.
The
jurisprudence of denial
by Melissa Castan and Sue Kee
The decision of the High Court in
the Yorta Yorta case is a statement by white Australia's highest judicial
institution that the aspirations of the Indigenous people are again to be disappointed.
The case is more than a rejection of a claim for native title. The decision
in Yorta Yorta epitomises the jurisprudence of denial. This article considers
the political devolution of the concept of native title, and then turns to the
Yorta Yorta case to examine how the judicial treatment of native title
has digressed from the principles expressed in Mabo v Queensland (No 2).
Right
to die
by Stanley Yeo
This article describes the Japanese
approach to criminal responsibility, followed by the Japanese law which permits
the performance of active euthanasia under certain restrictive conditions. The
Japanese law is then compared with the Northern Territory's repealed Rights
of the Terminally Ill Act 1995. The comparative exercise shows how both
sets of laws incorporate the notions of community protection and individual
autonomy which are the hallmarks of criminal law and justice in both Japan and
Australia. From this, the conclusion is drawn that it was wrong for the Federal
Parliament to override the Northern Territory legislation.
A toast!
Advice to the High Court from a young practitioner
by Simon Freitag
This is the text of a light-hearted and humorous speech made at the annual High Court dinner in Perth 2001. It advises the High Court of two areas where it might benefit from changing its ways: brevity and celebrity.
Juries: Prejudicial
publicity and juries
by Daraius Shroff
This brief examines the findings
of the Chesterman Report which was instigated by the NSW Attorney General. The
Report concerns the effect of prejudicial publicity on juries within the context
of sub judice laws for contempt.
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