Where Does Truth Lie? Challenges and Imperatives of Judicial Fact-Finding | LawCPD.com.au
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Where Does Truth Lie? Challenges and Imperatives of Judicial Fact-Finding

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Course Info

CPD Points 1
Price
$109.00
Competency Substantive Law

Courses by this Author

This course provides lawyers with insights from an insider into the process of judicial fact-finding and decision-making in the context of civil appeals, criminal appeals and international inquiries. 

The special leave process stands at the gateway to the High Court. Consequently, it is critical for advocates to clearly understand the considerations that will favour or go against granting an application for special leave.

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Where Does Truth Lie? Challenges and Imperatives of Judicial Fact-Finding

Michael Kirby was, until 2 February 2009, one of the seven Justices of Australia's highest constitutional and appellate court, the High Court of Australia.

Course Summary

This course provides lawyers with insights from an insider into the process of judicial fact-finding and decision-making in the context of civil appeals, criminal appeals and international inquiries. 

Course Details

Fact-finding in formal decision-making is always subject to human error and other difficulties. However, decision-makers are still obliged to discharge their responsibilities by explaining how they reached their conclusions.

This course examines three case studies to explore the difficulties and necessities of fact-finding in formal decision-making.

  • The first involves a civil appeal and the fact-finding responsibilities of an Appellate Court in scrutinising the proceedings.
  • The second concerns a criminal appeal involving a compelling matrix of circumstantial evidence and consideration of whether a retrial was required.
  • The third involves an international commission of inquiry on human rights where the state concerned would not cooperate but demonstrated flaws in witness testimony.

Through these three case studies, lawyers will explore how the decision-makers reached their ultimate conclusions, the differences that arose on the journey to these conclusions and the aftermath, with a critique of the outcomes.

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