Defend Thyself!

Indeed Winterton describes the Court's reputation as being ‘never higher’: Winterton G. , ‘Dissolving the Communists: The Communist Party Case and its Significance’ in Atkin E. Evans B. (eds), Seeing Red, The Communist Party Dissolution Act and Referendum 1951: Lessons for Constitutional Reform, 1992 pp.133, 157.

See for instance: Bulletin, editorial, 18 August 1948, p.12; Sydney Morning Herald, editorial, 12 August 1948, p.1; Age, editorial, 12 August 1948, pp.2–3; and Age, editorial, 12 August 1948, pp.1–2 of which there is no criticism of the High Court or the legitimacy of its decision.

‘Verdict Should Be Accepted’, Age, editorial, 13 August 1948, p.2. This was despite the fact that a review of major newspapers revealed no such attempt to discredit the Court.

See for instance the decisions in Federal Commissioner of Taxation v Williams (1972) 127 CLR 226; Steinberg v Federal Commissioner of Taxation (1975) 134 CLR 640 where the Court interpreted income tax provisions narrowly and in favour of the taxpayer.

Waterford J. , ‘Criticism of the Court’ in Blackshield T. Coper M. Williams G. (eds), Oxford Companion to the High Court of Australia, 2002, p.183.

Mason A.F. , ‘The Role of the Courts at the Turn of the Century’, (1993) 3 Journal of Judicial Administration 156 at 158.

Such as the provision of media summaries of facts, issues and reasons in important cases; enhanced access to judgments by immediate publication on the Internet; media statements, occasional interviews and National Press Club addresses by judges. Recently, media access to the Court has been further enhanced by the employment of a public information officer.

An excellent discussion of the respective roles and conventions governing the office of Attorney General in the United Kingdom and the colonies can be found in King L.J. , ‘The Attorney-General, Politics and the Judiciary’, (2000) 29(2) University of Western Australia Law Review 155.

Williams D.R. , ‘Who Speaks for the Courts?’ in Courts in a Representative Democracy, 1994, p.183.

Williams D.R. , ‘Who Speaks for the Courts?’ in Courts in a Representative Democracy, 1994, pp.183, 192.

Williams D.R. , ‘Who Speaks for the Courts?’ in Courts in a Representative Democracy, 1994, pp.183, 194. See also Williams D.R. , Commonwealth Attorney-General, The Courts and the Media, Press Release, 19 November 1998.

Mason A.F. , ‘No Place in a Modern Democratic Society for a Supine Judiciary’, (1997) 35 Law Society Journal 51 at 54.

Solomon D. , ‘Commentary: Who Speaks for the Courts?’ in Courts in a Representative Democracy, 1994, pp.195,196.

Brennan G.F. , ‘The State of the Judicature’, address to the 30th Australian Legal Convention, 19 September 1997, p.27.

See for instance: Williams G , ‘Without Support, Court is Fragile’, Australian, 20 March 2002, p.11.

‘Attorney-General Defiant on Lack of Support’, Australian, 20 March 2002, p.4.

Above, ref16.

Williams D.R. , Address to the Judicial Conference of Australia Colloquium, 7 April 2001, p.5.

‘Gleeson Vows to Stand Up for Judges’, Australian, 25 June 2001, p.1.

White Industries (Qld) Pty Ltd v Flower and Hart (a firm) [1998] 806 FCA (14 July 1998).

Williams D.R. , Commonwealth Attorney-General, Justice Ian Callinan, Press Release, 26 August 1998.

Flower and Hart (a firm) v White Industries (Qld) Pty Ltd [1999] 773 FCA (11 June 1999). The Full Court of the Federal Court found that the adverse findings about Justice Callinan were not relevant to any issue in the case.

Gleeson A.M. , ‘The State of the Judicature’, address delivered on 14 October 2001 at p.12.

Gleeson A.M. , above, ref 24.

Queensland Premier Rob Borbidge quoted in ‘PM Backs Fischer Over Court Attacks’, Weekend Australian, 1–2 March 1997, p.2.

‘Borbidge's Attack’, Queensland Country Life, 20 February 1997, p.12.

‘Leaders Back Plan to Curb High Court’, Gladstone Observer, 20 February 1997, 9; ‘High Court Under Fire’, Sydney Morning Herald, 20 February 1997, p.16.

‘Williams Sticks by High Court’, The Cairns Post, 20 February 1997, p.2.

‘Gleeson Opens the Door to His Court’, Australian, 29 November 1998, p.5.

Intervention in Matters Relating to the Judiciary: Guidelines, Judicial Conference of Australia, 10 May 1997, cl.4(b).

‘Judges Back Court's Role’, West Australian, 5 March 1997, p.5. These comments were made in arguendo in Lange v Australian Broadcasting Commission (1997) 145 ALR 96.

French R.S. , ‘Educating for Democracy’, (1996) Buntine Oration, The Australian College of Education, p.10.

Williams D.R. , ‘Judicial Independence’, (1998) 36(3) Law Society Journal 50.