“[Commenting on how long it takes some Australian judges to make up their minds:] Are English judges cleverer than Australian judges? Are they better educated? Are they better at managing cases? Are they more decisive, more confident, surer of themselves, more able to make up their minds? Do they have a better understanding of the law? Do they prepare more in advance? Do they exercise better judgment in assessing what needs to be decided, and how to decide it? Do Australian judges too weakly permit the failures of the parties and their representatives to infect their own decision making? Do they fear being overturned on appeal so much that they spend too long writing elaborately for the appellate court? Do they pile on too many references to insignificant decisions, irrelevant doctrine and academic commentary, pursuing the illusory shimmering dream of writing a seminal judgment? Do they deliver ex tempore judgments too infrequently? Or are Australian judges just lazier? For different judges there will be different answers.”
Dyson Heydon AC QC 29 Sep 2018
Said by | Dyson Heydon AC QC | |
29 Sep 2018 | Source | Judgment times: courts in the crosshairs |