Past Colloquium Papers

2016 Colloquium

The JCA’s 2016 Colloquium was held in Canberra at the Hyatt Hotel from October 7-9 2016. To read any of the papers, click on the title of the paper.

Seeing Visions and Dreaming Dreams

Chief Justice Robert French AC, Chief Justice of the High Court of Australia

Fight or flight or…? Victim reactions to interpersonal violence

Dr Angela Williams, The Victorian Institute of Forensic Medicine

Associate Professor Vanita Parekh, Director Clinical Forensic Medical Services

How leading judges write

The Hon Justice Margaret McMurdo AC, President of the Queensland Court of Appeal

Muslims, Law and the Legal System

Professor Tim Lindsey, Centre for Indonesian Law, Islam and Society – University of Melbourne

State of the Country: Future Challenges

Professor Ian Chubb AC, former Chief Scientist of Australia

Judicial well-being

The Hon Justice Margaret Beazley AO, President of the New South Wales Court of Appeal

Papers from earlier Colloquiums

Selected papers from Colloquiums prior to 2013 are in alphabetical order of author. The date of the colloquium at which the paper was presented is shown in brackets. To read any of the papers, click on the title of the relevant paper.

Anictomitas, His Honour John, Opening address at the 2003 Colloquium (2003)

Auty, Her Honour Kate Aboriginal sentencing (2003)

Barker, The Hon Michael First you see it – then you don’t. Harry Houdini and the art of interpreting statutes (2012)

Basten, John Developments in judicial review in the context of immigration cases (2003)

Bathurst, The Hon Chief Justice T F Separation of Powers: Reality or Desirable Fiction? (2013)

Bell, The Hon Virginia Independence from one another (2010)

Bloemen, Her Honour Antoine Aboriginal sentencing (2003)

Blow, The Hon Alan Judicial retirement benefits (2004)

Sir Francis Gerard Brennan, AC, KBE, QC

Brennan, The Rt Hon Sir Gerard Judicial independence (1996)

Brennan, The Rt Hon Sir Gerard The common law: law for a time, law for a place (2005)

Brennan, The Rev’d Fr Frank The Practical Outcomes of the National Human Rights Consultation (2013)

Bryant, The Hon Diana Court governance – the autonomous model: not all beer and skittles (2006)

Bryant, The Hon Diana Family Courts and Family Violence (2015)

Bryant, The Hon Diana The use of extrinsic materials – with particular reference to social science and family law decision making (2012)

Bugg, Damian The role of the DPP in the 20th century (1999)

Cain, Tracey Trial by media: skills to master the new environment (2002)

Cain, Tracey Working with the media and the media handbook (2003)

Charlesworth, Professor Hilary Terrorism and the law – human rights and security: conflict or convergence? (2005)

Coates, Richard A history of legal aid in Australia (1999)

Crock, Dr Mary Refugees in Australia: of lore, legends and the judicial process (2003)

Cummins, The Hon Phillip Shakespeare and madness (2009)

Cunningham, Helen The role of the judiciary in a modern democracy (1997)

Davies, The Hon Geoff Judicial reticence (1997)

Debeljak, Julie Judicial independence: a collection of materials for the Judicial Conference of Australia (2001)

Debeljak, Julie The courts versus the people: have the judges gone too far? (2002)

Dowsett, The Hon John Judicial education (1998)

Doyle, The Hon John Should judges speak out? (2001)

Doyle, The Hon John Court governance and judicial independence: the South Australian approach (2006)

Elias, The Rt Hon Dame Sian Judicial retirement benefits: superannuation (2004)

Dame Sian Elias

Elias, The Rt Hon Dame Sian Public confidence and judicial function: the New Zealand experience (2004)

Evans, Simon & Williams, Professor John Appointing Australian judges: a new model

French, The Hon Robert Judicial exchange – debalkanising the courts (2005)

Gans, Professor Joshua The GFC and the legal system (2009)

Gawler, Michael What does the legal profession want from the courts (1998)

Gleeson, The Hon Murray The role of the judiciary in a modern democracy (1997)

Gleeson, The Hon Murray A changing judiciary (2001)

The Hon Murray Gleeson, AC QC

The Hon Murray Gleeson, AC QC

Gleeson, The Hon Murray Public confidence in the judiciary (2002)

Gleeson, The Hon Murray Judicial selection and training: two sides of the one coin (2003)

Gleeson, The Hon Murray Out of touch or out of reach? (2004)

Gleeson, The Hon Murray A core value (2006)

Gleeson, The Hon Murray Some legal scenery (2007)

Gotterson, R W The appointment of judges (1998)

Green, The Hon Sir Guy Opening address at the 2002 Colloquium (2002)

Griffin, The Hon Trevor Judicial appointments: contribution to panel discussion (1999)

Hayne, The Hon Kenneth Australian law in the twentieth century (1999)

Heath, Chief Magistrate Steven Innovations in Western Australian Magistrates Courts (2005)

Higgins, The Hon Terence Court governance in the Australian Capital Territory (2006)

Holmes, The Hon Justice Mental Health Court of Queensland (2014)

Keane, The Hon Patrick Access to justice and other shibboleths (2009)

Keane, The Hon Patrick The idea of the professional judge: the challenges of communication (2014)

Kenyon, Professor Andrew Justice seen to be done: suppression orders in law and practice (2006)

Kiefel, The Hon Susan Civil procedures : some comparisons (1998)

King, The Hon L J The Attorney-General, politics and the judiciary (1999)

Kok, Magistrate Daphne Relationships between courts – how appealing? (2007)

Kourakis, The Hon Chief Justice Chris Court Governance: The South Australian Model (2014)

Lane, Bernard Judicial reticence (1997)

Lavarch, The Hon Michael The courts versus the people: have the judges gone too far? (2002)

Lowndes, John The Australian magistracy: from justices of the peace to judges and beyond (1999)

Malcolm, The Hon David Discretion in sentencing: mandatory sentencing laws (2001)

Martin, The Hon Brian Customary law – Northern Territory (2007)

Martin, The Hon Wayne Customary law – Western Australia (2007)

Martin, The Hon Wayne Freedom of the Press and the Courts (2015)

Mason, The Hon Keith Should judges speak out? (2001)

Mason, The Hon Keith Throwing stones: a cost/benefit analysis of judges being offensive to each other (2007)

McClellan, The Hon Peter Judicial conduct: still a live issue? (2005)

McGarvie, The Hon Richard The courts and the future: new stump jumps to plough old paddocks (1998)

McMillan, Professor John The courts versus the people: have the judges gone too far? (2002)

McMurdo, The Hon Margaret Should judges speak out? (2001)

McMurdo, The Hon Margaret Commentary on paper by Justice Malcolm Wallis (2012)

Justice Dean Mildren

Mildren, The Hon Dean Discretion in sentencing (2001)

Mildren, The Hon Dean Aboriginal sentencing (2003)

Moore, The Hon Justice Simon The Media and the Courts: The New Zealand Perspective and Experience (2014)

Morgan, Neil Mandatory sentencing in Australia: where have we been and where are we going? (2001)

Morgan, Neil Easy scapegoats and simplistic reactions: the continuing saga of mandatory sentencing (2002)

Norrish, His Honour Judge Stephen Sentencing Indigenous Offenders (2013)

Opeskin, Professor Brian Population challenges for the Australian judiciary: the next 40 years (2010)

Owen, The Hon Neville Royal Commissions: the practicalities (speaking notes) (2013)

Perry, The Hon John Courts versus the people: have the judges gone too far? (2002)

Prescott, Chief Magistrate Kelvyn Magistrates: independent but accountable (2005)

Rackemann, His Honour Michael Innovations in court procedures – the management of experts (2011)

Rackemann, His Honour Michael The Management of Experts (2013)

Rares, The Hon Steven How the implied constitutional freedom of communication on government and political matter may require the development of the principles of open justice (2007)

Rares, The Hon Steven Using the ‘Hot Tub’ – How Concurrent Evidence Aids Understanding Issues (2013)

Rares, The Hon Steven Why the Magna Carta still matters (2015)

Renwick, Dr James Detention without trial – the relevance for Australia of the US Supreme Court decisions in Hambi, Rasul and Rumsfeld (2005)

Roxon, Nicola Comment on proposals for an Australian judicial appointments commission (2006)

Ruddock, The Hon Philip Opening address at the 2004 Colloquium (2004)

Ryan, The Hon Kevin Judges, courts and tribunals (1996)

Sackville, The Hon Ronald Introductory remarks: the courts versus the people: have the judges gone too far? (2002)

Sackville, The Hon Ronald Refugee law: the shifting balance (2003)

Sallmann, Professor Peter Judicial conduct: still a live issue? (2005)

Sheahan, The Hon Terry Barbarians at the gate? (2012)

Smith, The Hon Timothy Supreme courts, trial courts, and the rule of law (1998)

Smith, The Hon Timothy Court governance and the executive model (2006)

Soden, Warwick Self administration in the Federal Court of Australia (2014)

Toyne, The Hon Dr Peter Personal reflections on judicial independence – after-dinner speech (2003)

Underwood, The Hon Peter Has the trial process reached its “use by” date? (1998)

Wallis, The Hon Malcolm Judges as employees (2012)

Chief Justice Marilyn Warren AC

Warren, The Hon Marilyn Independence of the magistracy: crossing over to judicialism (2004)

Warren, The Hon Marilyn The duty owed to the court – sometimes forgotten (2009)

Warren, The Hon Marilyn Public confidence in the judiciary – a response to the announcement of the Honourable the Attorney General (2009)

Warren, The Hon Marilyn Independence and External Review Performance (2012)

White, The Hon Margaret Comments on paper by the Hon Richard McGarvie on The Courts and the Future (1998)

White, The Hon Richard Commentary on paper by Justice Michael Barker (2012)

Williams, The Hon Daryl Opening address at the 2001 Colloquium (2001)

Williams, Professor John & Evans, Simon Appointing Australian judges: a new model

Woodyatt, Tony Mental health issues in the courts (2014)

Yeats, Her Honour Mary Ann Aboriginal customary law and sentencing (2007)

The views expressed in papers presented at the JCA’s Colloquiums are not necessarily those of the Judicial Conference of Australia.

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