Review of the federal civil justice system

Judicial independence is the cornerstone of our justice system. However, there has been no formal process for lodging or investigating complaints against federal judicial officers. There is no code of conduct against which behaviour may be measured, nor have sanctions been available, short of removal from office by a vote of both houses of the Parliament.

The ALRC has proposed the establishment of an independent federal Judicial Commission – similar to the one in New South Wales – to receive and investigate complaints against federal judges and magistrates.

As well, the legal profession should draft clearer, more comprehensive and appropriate national practice standards outlining the responsibilities and ethical duties of lawyers. Many overseas jurisdictions have legal practice standards which state both the rules and provide explanatory commentary, to illustrate the application of the rule in practical circumstances. The ALRC strongly supports such an approach.

The ALRC discussion paper also contains proposals dealing with:

• the development of guidelines on the use of expert evidence to prevent ‘expert shopping’ and more active judicial management of expert evidence to avoid lengthy trials;
• the development of more comprehensive and rigorous practice standards for lawyers to overcome tactical games;
• the development of uniform national standards for education and training of lawyers, as well as greater co-ordination and oversight of educational programs to ensure quality;
• suggestions for the federal government to deal more effectively with its disputes - given its position as the major repeat player in the federal civil justice system, the federal government needs a more strategic and co-ordinated approach to avoid, manage and resolve its disputes; and
• measures to ensure a greater consumer focus, to provide more information to people who use courts, with the aim of reducing costs.