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Judicial independence is regarded as one of the foundation values of the Australian legal system, such that the High Court held in 2004 that a court capable of exercising federal judicial power must be, and must appear to be, an independent and impartial tribunal. Former Chief Justice Gerard Brennan described judicial independence as existing "to serve and protect not the governors but the governed", albeit one that "rests on the calibre and the character of the judges themselves". Despite general agreement as to its importance and common acceptance of some elements, there is no agreement as to each of the elements of judicial independence.
References
- ↑ South Australia v Totani [2010] HCA 39 [53].
- ↑ Law Reform Commission of New South Wales (9 September 1969). Supreme Court procedure (PDF) (Report). p. 7. Retrieved 4 March 2022.
- ↑ For example, the Rules of the Supreme Court 1971 (WA).
- ↑ Civil Procedure Act 2005 (NSW) s 8; Supreme Court of Queensland Act 1991 (Qld) s 89.
- ↑ Paul de Jersey (20 June 1999). "Uniform Civil Procedure Rules Seminar: opening and overview" (PDF).
- ↑ Attorney-General's Department (Australia) (10 July 2015). "Uniform Evidence Acts comparative tables" . Retrieved 23 July 2019.