ATS1282 Study Guide - Final Guide: Mary Gaudron, Procedural Justice, The Family Court

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Document Summary

Week 4: courts: trial, evidence & determining guilt. Series of key administrative positions within the administrative apparatus: judges formally referred to as your honour" in court. Role: (in contested matters) to act as an independent adjudicator, ensuring that the opposing parties follow correct evidentiary and procedural rules. At the end of a trial/hearing addresses the jury, which involves summarising the central arguments raised by both parties and instructing and/or advising on the relevant principles of law to be applied. Once the jury arrives at a decision your honour" pronounces sentence or, in the case of a civil matter, makes an order or awards damages. Constitution does not specify specifications/background required for appointment to judiciary (nor require appointee to be qualified as a lawyer) judges mainly drawn from the mainstream of barristers of high professional standing. Rationale offered for large salaries paid to judges based on two assumptions:

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