Observation of a Civil Court Proceeding in Business Law

This article provides an observation of a civil court proceeding in business law, including the judge's ability to be neutral, principled, and consistent, respect for people and their rights, and skill at providing participants a voice in the proceedings.

Running head: BUSINESS LAW
Business Law
Name of the Student
Name of the University
Author Note

1BUSINESS LAW
Court Visited: District Court, New South Wales
Judge Name: Gibson DCJ
Court Location: 143-147 Liverpool St, Sydney NSW 2000, Australia
Date(s) of observation: 8 November 2018
Type(s) of proceedings observed: Civil
Was the judge aware of this observation: Unknown
1. How would you describe this judge's ability to be neutral, principled and consistent?
In this case, the judge was dealing with a Tort law suit where both the parties were
present in the hearing. As per my observation there was no partiality towards the parties to
the case. The judge appeared to be extremely attentive during the hearing and was noting
down the submission of the parties. The expression of the judge was neutral while the hearing
was going on. He explained to the people present at the hearing as to why the order was
delivered in favour of the plaintiff. He discussed the demand and rationality of law clearly to
the parties involved. The judge showed utmost patience and politeness while dealing with the
case, however he was strict with the advocates’ submission of arguments and counter-
arguments. The judge applied the rules and regulations consistently over the case and was
neutral towards the parties. He treated the parties equally, irrespective of judging the right
and the wrong among them. The judge acted favoring the interest of the parties, however not
compromising with the legal regulations and procedures. He was transparent about the legal
provisions that he applied on the case, maintain the rule of law. He explained how he deduced

2BUSINESS LAW
the decision after hearing both the sides. He was patient and unhurried throughout the
proceeding.
2. How would you describe this judge’s respect for people and their rights?
It was observed that the judge made sure to treat the parties as well as other
participants in the courtroom courteously and in a dignified manner. He treated both the
parties with respect and humility, without over-powering the situation with his superiority.
He was humble and soft-spoken. He talked politely and ensured to maintain a healthy and
calm environment in the courtroom. He ensured no ill-treatment or a gesture of inferiority
towards anyone present there. He was extremely considerate about the situation of the parties.
The judge order the advocates to follow the decorum of the court and present their
submission calmly without getting hyper with the situation. He was strict with anyone who
tried to disturb the court proceeding. For instance, he asked a person to go outside the
courtroom for taking a call as it was disrupting the focus of the court. He made sure to speak
in a lucid language that was clear and understandable for the parties who were unable to
understand legal terms. He respected the fact that the common people were unable to
understand the legal proceeding and took and initiative to make them understand what was
going on, pertaining to the case. He appreciated and thanked the parties and other participants
in the courtroom for being patient with the hearing and for maintaining a workable
environment. He articulated the impact of the judgment on the parties, along with the fact that
further delay from the parties’ end would increase their expense. He politely explained the
reason behind the judgement that he delivered.
3. How would you describe this judge’s skill at providing the participants a voice in the
proceedings?

3BUSINESS LAW
The judge allowed the parties to voice their arguments, views and opinion. They were
given the opportunity to speak about their individual situations and problems that they were
facing due to the issue of the case. The parties were given equal opportunities to share their
perspectives about the case and the judge made it a point to note down wherever he felt
relevant and important for his consideration. The judge made sure to let the parties
understand that he had considered and paid attention to their submission regarding the case.
The judge ensured to ask questions and interrogate the parties as well as the advocates
whenever he had a doubt. He conducted himself in such a way that it was convincing for
everyone present that he would be delivering a just, fair and reasonable judgment. He
considered the documents and evidences presented before the court with utmost seriousness
and importance. He took a note of the arguments presented before him from both the sides.
He tried his level best to make the parties feel comfortable and open before the honourable
court. He interpreted the court proceedings to the parties and ask them whether they had a
doubt regarding any of it. On the parties’ questions, he answered back politely and let the
parties share their feelings about the same.
4. If you were to appear before this judge as a litigant, would you have confidence that
this judge would treat you fairly? Why or why not?
Witnessing the proceeding of this case and the conduct of this Judge in particular, I
can be assured that the judge would be fair, just and reasonable to my case if I ever appear
before him as a litigant. I have immense confidence and faith in him and his competence as a
judge. He has shown to have exhibited all the good qualities of a good and considerate judge
who gives the parties to the case an opportunity to speak and convey their feelings. He can be
expected to be polite and humble towards my case as he has been in this one. He would be
impartial and neutral towards the litigants on one hand, while being strict about the proper
conduct of the litigants and the advocates on the other hand. . He would try his level best to

4BUSINESS LAW
make the parties feel comfortable and open before the honourable court. Along with, he
would take the initiative to explain us, the litigants about the rationale behind his judgment
relating to the case along with articulating the impact of the judgment on us. Therefore, I am
fully confident about this judge and his way of conduct a proceeding.