Open Justice, Efficient Justice and the Rule of Law: The Increasing Invisibility of Special Leave to Appeal Applications in the High Court of Australia

Stewart, P; Stuhmcke, A

Open Justice, Efficient Justice and the Rule of Law: The Increasing Invisibility of Special Leave to Appeal Applications in the High Court of Australia

Stewart, P

Stuhmcke, A

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Publisher:: SAGE Publications
Publication Type:: Journal Article
Citation:: Federal Law Review, pp. 0067205X2090603 - 0067205X2090603

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Field	Value	Language
dc.contributor.author	Stewart, P https://orcid.org/0000-0003-4350-878X	en_US
dc.contributor.author	Stuhmcke, A https://orcid.org/0000-0002-3679-7301	en_US
dc.identifier.citation	Federal Law Review, pp. 0067205X2090603 - 0067205X2090603	en_US
dc.identifier.issn	0067-205X	en_US
dc.identifier.uri	http://hdl.handle.net/10453/139040
dc.description.abstract	<jats:p> This article examines the application of the rule of law to special leave to appeal applications (‘SLAs’) in the High Court of Australia. SLAs are a fusion of administrative and judicial power. As an administrative tool, determinations of SLAs are a workload filter, limiting the appeals heard by the Court. As an exercise of judicial power, SLA determinations have significant impact upon the parties to litigation and the development of substantive law. Presenting the findings of data analysis of the determination of SLAs in the High Court of Australia from 2013 to 2015, we identify the loss of publicly available information brought about by changes to the High Court Rules in 2016. Using this evidence, we argue that the current administration of SLAs preferences efficiency to the detriment of public confidence in the administration of justice. We suggest facilitating the rule of law through publication of the written submissions for SLAs. </jats:p>	en_US
dc.language	en	en_US
dc.publisher	SAGE Publications	en_US
dc.relation.ispartof	Federal Law Review	en_US
dc.relation.isbasedon	10.1177/0067205x20906031	en_US
dc.rights	Federal Law Review, pp. 0067205X2090603 - 0067205X2090603. Copyright © SAGE Publications. DOI: https://dx.doi.org/10.1177/0067205x20906031	en_US
dc.title	Open Justice, Efficient Justice and the Rule of Law: The Increasing Invisibility of Special Leave to Appeal Applications in the High Court of Australia	en_US
dc.type	Journal Article
utslib.for	1801 Law	en_US
pubs.embargo.period	Not known	en_US
pubs.organisational-group	/University of Technology Sydney
pubs.organisational-group	/University of Technology Sydney/Faculty of Law
pubs.organisational-group	/University of Technology Sydney/Strength - HJ - Health Justice
utslib.copyright.status	open_access
pubs.publication-status	Published online	en_US

Abstract:

This article examines the application of the rule of law to special leave to appeal applications (‘SLAs’) in the High Court of Australia. SLAs are a fusion of administrative and judicial power. As an administrative tool, determinations of SLAs are a workload filter, limiting the appeals heard by the Court. As an exercise of judicial power, SLA determinations have significant impact upon the parties to litigation and the development of substantive law. Presenting the findings of data analysis of the determination of SLAs in the High Court of Australia from 2013 to 2015, we identify the loss of publicly available information brought about by changes to the High Court Rules in 2016. Using this evidence, we argue that the current administration of SLAs preferences efficiency to the detriment of public confidence in the administration of justice. We suggest facilitating the rule of law through publication of the written submissions for SLAs.

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http://hdl.handle.net/10453/139040