Part of the Annual Geoffrey Sawer Lecture series
What do appellate courts do when faced with an argument or an issue not raised below? What do appellate courts do when they want to, or are asked to, come to a conclusion as to which there is no evidence? The principles seem clear but are they practised? Do courts confine themselves to issues raised or not raised by the parties? Where do popularly held views, or personal specialised knowledge, fit in?
The Sawer Lecture will be followed by the Public Law Weekend on Friday 28 October in the Vision Theatre at the National Museum of Australia.