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SECOND AIJA APPELLATE JUDGES' SEMINAR

29-30 April 2004

PROGRAM

 

THURSDAY 29 APRIL

 

12.30 -

2.00 pm

Registration; light lunch.

2.00 pm

Welcome and Opening – Justice Peter Underwood, Supreme Court of Tasmania, AIJA President and Justice Keith Mason, President, Court of Appeal, New South Wales

2.10 pm

SESSION ONE

 

APPROACH TO MANAGEMENT OF THE WORK OF APPELLATE COURTS IN REPRESENTED JURISDICTIONS

Several matters have been identified as matters of concern to appellate judges in relation to the management of appeal and their work:

  • Controlling the cost of appeal books and the amount of material provided to appeal courts;
  • Practice and procedure in relation to outlines and summaries and other material counsel are required to provide for the assistance of the court;
  • Criminal appeals in which a complaint of incompetent representation is made and how evidentiary and other issues are handled;
  • Fresh evidence on appeal in civil and criminal matters;
  • Short form judgments;
  • Listing practices, allocation of hearing times, writing times for judges;
  • A judgment of the court or individual judgments?;
  • Controlling oral argument on appeal; and
  • The handling of chamber applications.

It is proposed that relevant rules and practice directions from represented courts be distributed prior to the Seminar to facilitate discussion.  The object of the session will be to consider best practice in relation to the management of appeals.

3.15 pm

Afternoon tea.

3.45 pm

SESSION TWO

 

APPROACH TO MANAGEMENT OF THE WORK OF APPELLATE COURTS IN REPRESENTED JURISDICTIONS (continued)

5.00 pm

Close

7.30 for 8.00 pm

SEMINAR DINNER

Premiers Room, Intercontinental Hotel, 117 Macquarie Street, Sydney

 

FRIDAY 30 APRIL

 

9.00 am

SESSION THREE

 

THE LITIGANT IN PERSON IN CIVIL AND CRIMINAL APPEALS

This session is designed to identify issues of concern to appellate courts where one or both of the parties are unrepresented.  It has become a common occurrence in both the civil and the criminal jurisdictions for courts to be confronted with unrepresented persons.  This provides challenges both in the preparation of appeals and their hearing.  It is hoped that the session will provide an opportunity for participants to share knowledge in relation to best practice involving unrepresented persons on appeals.

Participants will be provided with materials relating to litigants in person.

10.30 am

Morning tea.

11.00 am

SESSION FOUR

 

JUDGMENT WRITING IN APPELLATE CASES

This session is designed to allow participants to share information regarding best practice in judgment writing in appellate cases.  Is it desirable that appellate courts strive for a joint judgment?  Ex tempore judgments as opposed to formal written judgments will be discussed.

Participants will be provided with materials relating to the writing of judgments.

12.30 pm

Lunch

2.00 pm

SESSION FIVE

 

THE USE OF EXTRINSIC EVIDENCE IN APPELLATE CASES

This session is designed to examine the various practices in relation to the acceptance of extrinsic evidence on appeal.  A short paper will be delivered and participants will have the opportunity to address practice in their own jurisdictions.

 

Presenter:  Professor Greg Reinhardt, Executive Director, AIJA

3.15 pm

Afternoon tea.

3.45 pm

SESSION SIX

 

APPELLATE AND INTERMEDIATE COURTS – IDENTIFYING MATTERS OF MUTUAL CONCERN AND

PROMOTING BETTER COMMUNICATION

This session is designed to identify matters affecting the relationship between appellate and intermediate courts and to suggest ways in which the courts may promote better dialogue and communication.

 

Facilitator: The Hon Justice Reg Blanch AM, Chief Judge, District Court of New South Wales.

5.00 pm

Close.