Victorian Law: Judicial Roles, Responsibilities, and Powers Analysis

This report provides an in-depth analysis of the Victorian legal system, specifically focusing on the roles, responsibilities, and powers of judges and magistrates. It examines the structure of the Victorian court system, including the Magistrates' Court, and discusses the behavior of judges in court, emphasizing the importance of impartiality and adherence to legal precedents. The report explores key concepts such as judicial independence, judicial activism, and judicial creativity, highlighting the balance between judicial power and the separation of powers within the Victorian legal framework. Furthermore, it delves into the powers of judges in various proceedings, including civil and criminal cases, and the significance of statutory interpretation. The report concludes by summarizing the importance of juries and the overall functioning of the legal system in Victoria, emphasizing the importance of fair dispute resolution and the adherence to codes of conduct.

A KEY FACTOR IN THE SPEEDY AND JUST RESOLUTION OF DISPUTES IS
THE DISINTERESTED APPLICATION
1

TABLE OF CONTENTS
INTRODUCTION.................................................................................................................................3
MAIN BODY......................................................................................................................................3
Magistrate of the Victorian law...................................................................................................4
Behaviour of the judge in courts..................................................................................................4
Roles and responsibilities of the judge........................................................................................5
Power of judge in Victorian Law.................................................................................................6
CONCLUSION....................................................................................................................................7
REFERENCES.....................................................................................................................................8
2

INTRODUCTION
There are various radical legal changes that are made by professional politicians, not the
courts which leads the judicial activities not to favour the legal systems. Several rules are being
made in the law for the purpose of removing both the reality of injustice and the sense of
injustice. There are various people and organizations that make up Victoria’s legal sector which
also works together for the purpose of providing fair and accessible justice system for all the
Victorians1. The law is made up by the Parliament and all the essential aspects are defined by the
courts.
Thus, in this regard, it can be said that The Australian Constitution is being formed as a
supreme law which provides framework for the development of other laws in Australia. This has
been established through dividing the power between the federal and state parliaments2. The
legal system used in Australia is regarded as an adversary system wherein cases in the court are
controlled over a judge or a magistrate who acts as an impartial and independent umpire.
However, in criminal cases, the accused is considered as innocent till the time it is proved guilty
by the prosecution3.
MAIN BODY
“A key factor in the speedy and just resolution of disputes is the disinterested application by
the judge of known law drawn from existing and discoverable legal sources independently of
the personal beliefs of the judge”
Stating about the above statement, it can be confronted that from last several years, most
of the criminal and civil cases were decided by the juries only who presides over by the judges.
1 Yi, Youjae, and Taeshik Gong. "Customer value co-creation behavior: Scale
development and validation." Journal of Business Research 66.9 (2013): 1279-1284.
2 Beier, Susanne, et al. "Influence of judges' behaviors on perceived procedural justice."
Journal of applied social psychology 44.1 (2014): 46-59.
3 Yi, Youjae, and Taeshik Gong. "Customer value co-creation behavior: Scale
development and validation." Journal of Business Research 66.9 (2013): 1279-1284.
3

However, now juries are used only in serious criminal cases to decline the extent in civil cases.
Thus, in order to fulfil the task, it is essential for the judges to focus on a reasonable minimum of
application which could meet civility and intelligence4. A fundamental change in the judiciary
has also taken place and there is an increased large segment of vigorous and proud judges. Along
with this, it can also be said that there are several law reforms that have been developed in last 40
years.
Magistrate of the Victorian law
Chief Magistrate Mr Peter Lauritsen currently sits in the Magistrates’ Court of Victoria;
however reserve magistrates are also regarded as former magistrates who sit at the time when
required. Victorian law is headed by the chief magistrates’ court which is also the lowest court in
the Victorian hierarchy and which also handles around 90% cases5. It is also significant in
handling criminal and civil matters. Similarly, there are no juries in the Magistrate Court; hence
each case is determined by a single magistrate. At the time when judges detect particular
community values especially in Australian community, they may sometimes become confused
among the values that they think the community is holding should actually be holding6.
Judicial activism
The concept is based on some degree of illegitimacy wherein judges have the charge to
exceed their role in managing democracy. This also includes focus on constitutional provisions
so that moral and political preferences can be taken into account to make effective judgement
4 Ben-Yishai, Ayelet. Common Precedents: The Presentness of the Past in Victorian Law
and Fiction. Oxford University Press, 2015.
5 Christensen, Lisa Jones, Alison Mackey, and David Whetten. "Taking responsibility for
corporate social responsibility: The role of leaders in creating, implementing, sustaining,
or avoiding socially responsible firm behaviors." The Academy of Management
Perspectives 28.2 (2014): 164-178.
6 Tyler, Tom, and Justin Sevier. "How Do the Courts Create Popular Legitimacy?: The
Role of Establishing the Truth, Punishing Justly, and/or Acting Through Just
Procedures." (2014).
4

through considering the entire case. It need not to be an exercise which showcases the bad faith
interpreting. It also includes constitution that provides the right to the elected members and
senators of Parliament to choose the people. Hence, judges holding the responsibility of
constitution interpretation must assert that there should be an implied freedom of political
communication in relation to public affairs and political decisions.
Judicial creativity
Judicial creativity holds more importance in constitutional interpretation as herein the
courts perform the role of descriptive authority to make certain provisions. The court also act as
a supreme interpreter and guardian of the supremacy of the constitution. This basically includes
the laws that protects human rights which are stated in the fundamental law of the company.
Therefore, in this context it is crucial to focus upon the approach of the judiciary at the time of
making constitutional interpretation7.
Judicial independence
It is termed as a concept in which judiciary is kept away from other branches of the
government. At the same time, the court should not get influenced from other government
branches or from the private parties. It also promotes judicial independence through making
changes in the rules and regulation. This also makes emphasis on suitable political decisions
which are opposed by powerful interests. The ability also gets enhanced as per the judicial
review.
Behaviour of the judge in courts
On the basis of general context, there are certain court etiquette in Western Australia that
should be upheld in the courts and anyone who attends court are required to consider appropriate
standard of behaviour. This also demonstrate legal system of Western Australian. In Western
Australia, it is ascertained that judges take hasty decisions merely for the purpose of resolving
7 Deeley, Susan J. "Summative co-assessment: A deep learning approach to enhancing
employability skills and attributes." Active Learning in Higher Education 15.1 (2014):
39-51.
5

the case and also through considering legal prospects that are available in the court8. However,
there are varied standards that are being determined under the legal prospects and that are also
mandatory to consider while dealing in the courts. For instance- speedy resolution is one of the
factors that shows disinterest in the judge. At court, judges are required to focus on proper
etiquettes so that to maintain the decorum of the court9.
Roles and responsibilities of the judge
The main role of the judge is to consider the interest of the community by managing the
administration system and that needs to be followed according to legal terms. At the same time,
it is also essential for the judges working in Australia to manage the fundamental human rights.
They do such thing at each and every level of the judicial hierarchy10. Hence, they have special
opportunities and responsibilities in the highest appellate courts. In Australia, there is no general
charter of fundamental rights and the role of judge in applying the law. Therefore, an increasing
number of judges in common law countries have now adopted all the legal prospects. In addition
to the work of the judge in the courts, judge needs to hold an intellectual position as a leader and
citizen11.
Known law is just not enough for a judge to take timely and fair decisions; however
proper emphasis is essential to be laid on all the facts of the case. Thus, in this respect it can be
8 Deeley, Susan J. "Summative co-assessment: A deep learning approach to enhancing
employability skills and attributes." Active Learning in Higher Education 15.1 (2014):
39-51.
9
10 González-Romá, Vicente, Juan Pablo Gamboa, and José M. Peiró. "University
Graduates’ Employability, Employment Status, and Job Quality." Journal of Career
Development (2016): 0894845316671607.
11 Hattam, Victoria C. Labor visions and state power: The origins of business unionism in
the United States. Princeton University Press, 2014.
6

said that judge need to undertake decision through considering all the crucial elements of the
case12.
In contemporary time, the rule of law involves several agencies within the state which are
bound by the law and which are also crucial to expand through independent judiciary. In addition
to this, Parliament has also made several laws to rule over the courts within the capacity of
people.
Power of judge in Victorian Law
Associate judges are engaged in resolving a wide range of interlocutory disputes and they
are also give directions to make orders and judgements in an intermediate stage of a proceeding.
Therefore, an associate judge manages the civil trail call over list and this also includes several
trails in the Supreme Court13. As per the power, judges sitting in the courts of Australia can give
dates for pre-trail hearings for the purpose of resolving timetabling issues and also to manage
court documents14. In Victorian law, judges have the authority to make final orders in three broad
categories of proceedings which comprises of corporation cases and other necessary adjustments.
In addition to this, matters within the associate judges includes original jurisdiction that removes
the restrictive covenants, executor’s commission and the payment out of funds paid into the
court15.
However, according to the views of lawyers, there are various levels of court from state
courts which only affect the people of Victoria; however the facts of federal court affects all the
12 Phillips, Jim. "The many meanings of judicial independence: Examples from British
North America." Law Context: A Socio-Legal J. 33 (2015): 107.
13 Rottman, David, and Tom Tyler. "Thinking about judges and judicial performance:
Perspective of the public and court users." (2014).
14 Phillips, Jim. "The many meanings of judicial independence: Examples from British
North America." Law Context: A Socio-Legal J. 33 (2015): 107.
15 Pyzdek, Thomas, and Paul A. Keller. The six sigma handbook. McGraw-Hill Education,
2014.
7

Australians16. There are various matters within the associate judges that comes from original
jurisdiction and which also includes applications for the modification or removal of restrictive
covenant in the court17.
Separation of power in Victorian law
The doctrine of separation segregate the institutions of government into three major parts
such as legislative, executive and judicial. Typically, legislation is engaged in making the law;
however the execution bodies is putting the law into the operation and last is the judiciary which
interprets the laws. It is often assumed to be one of the most important dimensions that leads to
fair government. However, the issue of separation of powers in Australia has developed many
challenges because Australian political system holds major responsibilities18.
Statutory interpretation
It is regarded as a process wherein court has the authority to interpret and apply some
legislation in the practice. However, interpretation is also essential at the time when any case
involves a statue. Judges are also required to resolve the cases as per the fact and legal prospects;
hence for that diverse tools and methods can be taken into account.
CONCLUSION
Concluding the entire research work, it can be said that juries are an important part of
Victoria’s civil and criminal law system. In Victorian law, several juries are being developed for
serious criminal trails; however for some civil trails, different legal aspects are being determined.
16 Van der Klink, Marcel, et al. "Exploring the contribution of formal and informal learning
to academic staff member employability: A Dutch perspective." Career development
international 19.3 (2014): 337-356.
17 Price, Kim. Medical Negligence in Victorian Britain: The Crisis of Care Under the
English Poor Law. C. 1834-1900. Bloomsbury Publishing. 2015.
18 Tyler, Tom, and Justin Sevier. "How Do the Courts Create Popular Legitimacy?: The
Role of Establishing the Truth, Punishing Justly, and/or Acting Through Just
Procedures." (2014).
8

Apart from this, it is also analysed that juries are required to consider appropriate dispute
resolution for the purpose of resolving legal disputes rather going to court. Therefore, it can be
said that judges need to focus on all the codes and conducts.
9

REFERENCES
Beier, Susanne, et al. "Influence of judges' behaviors on perceived procedural justice." Journal of
applied social psychology 44.1 (2014): 46-59.
Ben-Yishai, Ayelet. Common Precedents: The Presentness of the Past in Victorian Law and
Fiction. Oxford University Press, 2015.
Christensen, Lisa Jones, Alison Mackey, and David Whetten. "Taking responsibility for
corporate social responsibility: The role of leaders in creating, implementing, sustaining,
or avoiding socially responsible firm behaviors." The Academy of Management
Perspectives 28.2 (2014): 164-178.
Deeley, Susan J. "Summative co-assessment: A deep learning approach to enhancing
employability skills and attributes." Active Learning in Higher Education 15.1 (2014):
39-51.
González-Romá, Vicente, Juan Pablo Gamboa, and José M. Peiró. "University Graduates’
Employability, Employment Status, and Job Quality." Journal of Career Development
(2016): 0894845316671607.
Hattam, Victoria C. Labor visions and state power: The origins of business unionism in the
United States. Princeton University Press, 2014.
Phillips, Jim. "The many meanings of judicial independence: Examples from British North
America." Law Context: A Socio-Legal J. 33 (2015): 107.
Price, Kim. Medical Negligence in Victorian Britain: The Crisis of Care Under the English Poor
Law. C. 1834-1900. Bloomsbury Publishing. 2015.
Pyzdek, Thomas, and Paul A. Keller. The six sigma handbook. McGraw-Hill Education, 2014.
Rottman, David, and Tom Tyler. "Thinking about judges and judicial performance: Perspective
of the public and court users." (2014).
Tyler, Tom, and Justin Sevier. "How Do the Courts Create Popular Legitimacy?: The Role of
Establishing the Truth, Punishing Justly, and/or Acting Through Just Procedures." (2014).
Van der Klink, Marcel, et al. "Exploring the contribution of formal and informal learning to
academic staff member employability: A Dutch perspective." Career development
international 19.3 (2014): 337-356.
10

Yi, Youjae, and Taeshik Gong. "Customer value co-creation behavior: Scale development and
validation." Journal of Business Research 66.9 (2013): 1279-1284.
11