What Do Trial Judges Cite? Evidence from the New South Wales District Court

2018 ◽  
Vol 41 (1) ◽  
Author(s):  
Russell Smyth
Keyword(s):  
New South ◽  
New South Wales ◽  
District Court ◽  
Appellate Courts ◽  
Trial Court ◽  
Secondary Sources ◽  
South Wales ◽  
Trial Judges ◽  
Citation Practice ◽  
Court Of Appeal

This article examines the citation practice of the New South Wales District Court, using all decisions reported on AustLII/Caselaw NSW decided between 2005 and 2016. This study is the first to examine the citation practice of an ‘inferior’ trial court. The study suggests some important differences between the citation practice of the New South Wales District Court and what existing studies have found about the citation practice of superior courts in Australia. The proportion of citations to decisions of the High Court and New South Wales Court of Appeal is higher than in the superior courts. The proportion of citations to the Court’s own previous decisions are lower than in the superior courts. The proportion of coordinate citations to courts in other states at the same level in the judicial hierarchy are extremely small. The Court cites fewer secondary sources than is the case in the appellate courts.

scholarly journals Ambulance Service of NSW v Worley; further legal lessons for the emergency services

2015 ◽  
Vol 5 (2) ◽  
Author(s):  
Michael Eburn
Keyword(s):  
Emergency Services ◽  
New South ◽  
New South Wales ◽  
Legal Issues ◽  
Ambulance Service ◽  
Trial Judge ◽  
Legal Principles ◽  
South Wales ◽  
Court Of Appeal ◽  
Insight Into

The decision of the Court of Appeal in New South Wales, in Ambulance Service of NSW v Worley, gives insight into legal issues relating to the emergency services, and ambulance services in particular. This article considers the facts that gave rise to this litigation, why the trial judge found that the treating paramedic was negligent and why that decision was overturned by the NSW Court of Appeal. The paper then considers the legal principles that arise from this decision and their importance for ambulance services throughout Australia.

Bushrangers, itinerant teachers and constructing educational policy in 1860s New South Wales

2019 ◽  
Vol 48 (1) ◽  
pp. 15-30
Author(s):  
Ashley Thomas Freeman
Keyword(s):  
New South ◽  
New South Wales ◽  
Policy Formation ◽  
Half Time ◽  
Content Type ◽  
Secondary Sources ◽  
South Wales ◽  
Itinerant Teachers ◽  
Itinerant Teaching ◽  
The Impact

Purpose The purpose of this paper is to examine how rural outlaws, known in the Australian context as bushrangers, impacted on the introduction of itinerant teaching in sparsely settled areas under the Council of Education in the colony of New South Wales. In July 1867 the evolving process for establishing half-time schools was suddenly disrupted when itinerant teaching diverged down an unexpected and uncharted path. As a result the first two itinerant teachers were appointed and taught in an irregular manner that differed significantly from regulation and convention. The catalyst was a series of events arising from bushranging that was prevalent in the Braidwood area in the mid-1860s. Design/methodology/approach The paper draws on archival sources, particularly sources within State Archives and Records NSW, further contemporary sources such as reports and newspapers; and on secondary sources. Findings The paper reveals the circumstances which led to the implementation of an unanticipated form of itinerant teaching in the “Jingeras”; the impact of rural banditry or bushranging, on the nature and conduct of these early half-time schools; and the processes of policy formation involved. Originality/value This study is the first to explore the causes behind the marked deviation from the intended form and conduct of half-time schools that occurred in the Braidwood area of 1860s New South Wales. It provides a detailed account of how schooling was employed to counter rural banditry, or bushranging, in the Jingeras and provided significant insight into the education policy formation processes of the time.

scholarly journals The First Limb of Barnes v Addy: A Taxonomy in Tatters

2015 ◽  
Vol 15 (1) ◽  
Author(s):  
The Hon Justice David J S Jackson
Keyword(s):  
New South ◽  
New South Wales ◽  
Point Of View ◽  
Law Reform ◽  
High Court ◽  
The Core ◽  
South Wales ◽  
Statutory Law ◽  
The Law ◽  
Court Of Appeal

<em>This lecture is given in tribute to Tony Lee. That is only fitting. He is a scholar of international significance and he was personally responsible for much of the core statutory law reform in this State on the subjects of Trusts and Succession Law. Not long after the High Court’s decision in Farah Constructions Pty Ltd v Say-Dee Pty Ltd (‘Farah’), I asked Professor Lee what he thought about it. He said this: ‘Well, David, after all these years of reading cases I think that cases where plaintiffs don’t win generally don’t decide very much about the law.’ Then he said: ‘But I don’t know, what do you think?’ I was taken aback. At that time, I was full of the joys of the High Court’s decision. First, I thought it had rescued indefeasibility from the scrap heap, particularly so far as bank mortgages were concerned. Secondly, whilst I now agree with Professor Keith Mason’s point of view that the High Court’s treatment of the New South Wales Court of Appeal was intemperate, I was not unhappy then that the High Court had stemmed the tide of those who were intent on bending first limb Barnes v Addy liability into a restitutionary framework.</em>

The Authority of Privy Council Decisions in Australian Courts

1978 ◽  
Vol 9 (4) ◽  
pp. 427-456
Author(s):  
Robert S. Geddes
Keyword(s):  
New South ◽  
New South Wales ◽  
Privy Council ◽  
High Court ◽  
South Wales ◽  
High Court Of Australia ◽  
Court Of Appeal ◽  
Judicial Hierarchy

During 1978, the High Court of Australia and the New South Wales Court of Appeal handed down decisions which announce a departure from the longstanding rule that decisions of the Privy Council bind all Australian Courts. In this article, Mr Geddes analyses these decisions and considers their future impact on the authority of Privy Council decisions in the various courts which make up the Australian judicial hierarchy.

Retreating to the History of Judicial Review?

2019 ◽  
Vol 47 (2) ◽  
pp. 179-202
Author(s):  
Mark Aronson
Keyword(s):  
Judicial Review ◽  
New South ◽  
New South Wales ◽  
State Supreme Courts ◽  
Supreme Courts ◽  
High Court ◽  
South Wales ◽  
History Of ◽  
Court Of Appeal ◽  
Two Bodies

Less than a decade ago, the High Court said, in effect, that State Supreme Courts have substantially the same entrenched jurisdiction to issue relief in the nature of the prerogative writs as the Constitution confers on the High Court. The New South Wales Court of Appeal reads this narrowly, holding that only three specific remedies are protected, together with the rules and limitations that existed at federation. If correct, we might see the emergence of two bodies of doctrine, the old law of remedies and the new law of ‘judicial review’ (a concept that emerged only after federation). In an unrelated case, six High Court judges implied a limited privative clause ousting non-jurisdictional certiorari. The seventh judge said that this was unnecessary, because in his view, that branch of certiorari conflicts with judicial review fundamentals, is historically misconceived, and should apply only where the reviewing court can try the matter afresh. This article reviews these developments, discusses their rationales and questions both the history and its importance.

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