A review of the laws relating to impartiality and bias as they apply to the federal judiciary.
Court Users
ALRC Survey of Court Users Over a period of approximately four weeks in July and August 2021, the ALRC conducted a survey of members of the public who had attended any state, territory, or Commonwealth court for non-criminal proceedings in Australia in the past 10 years. The survey was conducted online and administered by Qualtrics …
Read moreWithout Fear or Favour: Judicial Impartiality and the Law on Bias (ALRC Report 138)
The Australian Law Reform Commission report, Without Fear or Favour: Judicial Impartiality and the Law on Bias (ALRC Report 138), was tabled in Parliament by the Attorney-General of Australia, the Hon Mark Dreyfus QC on 2 August 2022.
Read moreJudicial Impartiality ENews | August 2022
Final Report Released Today the Australian Law Reform Commission report, Without Fear or Favour: Judicial Impartiality and the Law on Bias (Report 138, 2021) was tabled in Parliament by the Attorney-General of Australia, the Hon Mark Dreyfus KC. The report makes 14 recommendations to promote and protect judicial impartiality and public confidence in the Commonwealth judiciary. VIEW …
Read moreMonash Fiat Justitia Lecture 2022
On Tuesday 7 June Monash University Law Faculty hosted the 2022 Fiat Justitia Lecture: Without Fear or Favour. ALRC President the Hon Justice SC Derrington AM presented the keynote address.
Read more2022 Walyalup (Fremantle) Law Conference Keynote Address
On 18 February 2022, The Piddington Society and Fremantle Community Legal Centre hosted the 2022 Walyalup (Fremantle) Law Conference. The Hon Justice Sarah Derrington, President of the Australian Law Reform Commission, provided the opening keynote address on judicial bias titled: Without Fear or Favour. Download speech >>
Read moreSubmission of information
The Judicial Impartiality Consultation Paper was released on 30 April 2021. Submissions on its questions and reform proposals closed on 30 June 2021. Public submissions are available on the ALRC website. For enquiries, please email impartiality@alrc.gov.au.
Read moreJudicial Impartiality ENews | September 2021
Amended Final Report Due Date Today the High Court of Australia delivered judgment in Charisteas v Charisteas and Ors (Case P6/2021). In accordance with the ALRC Judicial Impartiality amended Terms of Reference (dated 21 June 2021), delivery of the Final Report to the Commonwealth Attorney-General is now due on 6 December 2021. VIEW THE HIGH COURT JUDGMENT VIEW …
Read morePractitioners
During a three week period in July/August 2021, the ALRC conducted a survey of lawyers who have been admitted into practice in an Australian state or territory and who have practised in Australia in the past five years. The survey provides the ALRC with a unique consultation tool that affords insight into how these lawyers, a good proportion of whom had experience with bias applications, view a number of key issues related to judicial impartiality.
Read moreFederal judiciary
Last updated 2 August 2022 ALRC Survey of Judges In April 2021, the ALRC conducted a survey of judges of the Commonwealth courts, excluding the High Court of Australia. The anonymous survey link was emailed to all 151 judges who held office on 22 April 2021 in the Federal Court of Australia, the Family Court …
Read moreImpartiality from both sides of the Bench
On Monday 19 July 2021, the Australian Law Reform Commission co-hosted a seminar with Wolters Kluwer to explore different viewpoints on judicial impartiality. Attendees were treated to an impressive panel including: The Honourable Justice Middleton, Federal Court of Australia and ALRC Part-Time Commissioner (Chair) The Honourable Chief Justice William Alstergren, Chief Justice of the Family …
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