Disrupting how we use pleadings in complex construction disputes
… Address entitled: Disrupting how we use pleadings in complex construction disputes . 3 I am truly flattered … notice of those issues at the earliest possible stage . 26 By defining the issues in dispute, pleadings also … speech. [2] Fieldturf Inc v Balsam Pacific Pty Ltd [2003] FCA 809, [3]. [3] See E Thornburg and C Cameron, Defining …
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SC CC 3 Commercial Arbitration Business (first revision)
… SC CC 3 COMMERCIAL ARBITRATION BUSINESS 1. INTRODUCTION 1.1 The … purpose of this Practice Note is to describe and provide guidance on the procedures to be followed in the Arbitration … time on the Commercial Court section of the Supreme Court website. AMENDMENT HISTORY 30 January 2017: This Practice …
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SC Gen 25 - The use of Artificial Intelligence by Court users
… utilise AI in the preparation of Court documents if they comply with this Practice Note. 2. COMMENCEMENT AND … This Practice Note was issued and commences on 14 May 2026. 2.2 This Practice Note applies to all Court users. 3. … litigants, this includes AustLII for case law, 3 authorised websites for legislation, 4 and resources available from the …
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Remarks of the Honourable Chief Justice Richard Niall at the Victorian Justice Leaders AI Forum, Melbourne
… Tuesday 26 May 2026 Introduction I begin by echoing the important … to see such a broad section of the Victorian legal community represented here this morning – including …
Punishment and Responsibility: An Assessment of Moral Culpability in Sentencing
… of people as rational, autonomous actors. However, day to day, judges are tasked with sentencing offenders … appropriate judgment and make calm and rational choices are compromised, even though they are considered criminally … the drug taking that was causally linked to the offending. 26 The Court of Appeal upheld the judge’s conclusion that, …
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The Melbourne Corporation doctrine - some unresolved questions
… practitioners and academics, and I am certain this audience is familiar with the cases and the academic writings. … that structure for the judicial system of Australia. 26 He emphasised that this was quite distinct from questions … [49] (2008) 234 CLR 599, 604, 605, 606. [50] (2015) 228 FCR 497; [2015] FCAFC 1 (‘UFU’). [51] UFU (2015) 228 FCR …
The Role of Statutory Interpretation in Administrative Law
… the last 20 years or so, statutory interpretation has become the dominant mode of reasoning. In this paper, I will … would any separate analysis of materiality be required. 26 Having developed the doctrine of materiality in SZMTA and … v SZSSJ (‘SZSSJ’), 36 had explained that s 351 embodied two distinct ‘decisions’: (a) a procedural decision as …
Identity and Belonging in the Workplace
… speak tonight. Let’s all acknowledge the Victorian branch committee, who have worked hard to organise this evening and … and Torres Strait Islander heritage who are present here today. Here is a reflection by Dr Tracy Westerman – an … like the AALA germinated in 1995. According to the AALA website, it was challenging to gain traction in forming such …
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Case management in Common Law Specialist Lists in the Supreme Court of Victoria
… law Fairness Impartiality Independence of decision-making Competence Integrity Transparency Accessibility Timeliness … person in the room who remembers fronting up to Judge Wodak’s Medical Negligence List to be vigorously case managed. … damages were ordered to be provided, to ensure compliance. 26. We also maintain a list of cases which, for one …
Socially Disadvantaged Accused: How (or Should) Courts Take This into Account?
… Parliament says so. When stating that particular conduct, accompanied by a certain mental state, is a crime, Parliament … no experience of personal violence or abuse. In various studies, authors have identified somewhere between 200 and 300 … set out in the Act. Originally, the legislative guidance did not extend much beyond setting out these …
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