Abstract
In his article, ‘Timely written reasons: Enhancing rationality, objectivity and legal accuracy in decision-making’, Jason Donnelly considers the benefits of written judicial reasons against the problems caused by delays in their production.
Part One
Purpose: To understand reserved judgment practices in different court jurisdictions.
Background: Different jurisdictions in Australia have different procedures and practices, and they may use different terminology to describe the same concepts. Legal practitioners must be able to identify and conform to the specific requirements of the relevant court.
Instructions: Using your internet research skills, find the policies or practice notes about ‘reserved’, ‘delayed’ or ‘late’ judgments in these jurisdictions: • Supreme Court of NSW • Supreme Court of Victoria • Supreme Court of WA • Federal Court of Australia
Identify the similarities and differences in these policies. As a class, discuss the strengths and weaknesses of these approaches to judicial delay. Do you think they could be improved?
Note: In one of these jurisdictions, the guidelines for reserved judgments are contained in a broader protocol for complaints against judicial officers.
Part Two
Purpose: To appreciate the impact of delayed reasons on the parties in various cases.
Instructions: Split into small groups, and allocate one of these cases to each group: • Verrill v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 802 (refer to the procedural summary in Donnelly’s article). • Smart Education Program Pty Ltd (in liq) v CLGC Australia Pty Ltd [2023] FCA 826, [1]–[8]. • Atanaskovic Hartnell Corporate Services Pty Ltd v Kelly [2024] FCAFC 137, [109]–[111] and [139]–[140]. • Tattsbet Limited v Morrow [2015] FCAFC 62, [129]–[134] and [2].
Locate and read the relevant portions of each judgment. Discuss in the group and decide what important lessons can be drawn from these decisions. Report back to the whole class and use these cases as the basis for a broader discussion.
Part Three
Purpose: To conduct background research to strengthen understanding of a legal issue.
Instructions: Read Donnelly’s article and focus on his analytical structure by taking brief notes about: • the five key reasons written judgments play a critical role in judicial decision-making, • the seven key themes involved in delays in producing written reasons, and • the seven key insights from Justice Thawley’s reasoning in Verrill.
Referring to these ideas and drawing on the case examples you explored in Part Two, write a short essay explaining your view about the importance of timeliness in the publication of judicial reasons.