Conceptions of collegiality

Date & time

12–1.30pm Wednesday 9 May 2018


Phillipa Weeks Staff Library

ANU College of Law, 5 Fellows Road, The Australian National University


James Lee, Gilbert + Tobin Centre, UNSW Law


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Nicole Harman
02 6125 0454

Presented by The Centre for Commercial Law

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This paper examines the question of collegiality in the United Kingdom Supreme Court and the High Court of Australia. Both courts are in periods of transition, with new leadership and new appointments, and both courts have seen vigorous debates amongst their Justices over the propriety and practice of issuing separate judgments. Drawing upon analysis of recent statistics for the two courts, I argue that the various contrasting views are born out of distinct conceptions of collegiality: my thesis is that judicial individuality with respect to judgment-writing should not be regarded as incompatible with collegiality on a multi-member appellate court.


  • James Lee »

    James Lee is Reader in English Law and PC Woo Research Fellow 2016–17 at The Dickson Poon School of Law, King’s College London, Associate Academic Fellow of the Honourable Society of the Inner Temple, and currently Senior Visiting Fellow at the Gilbert + Tobin Centre of Public Law, Faculty of Law at the University of New South Wales. In April 2018, he will be a Visiting Professor at Hong Kong University. He is Subject Sections Secretary for the Society of Legal Scholars. His main research interests are in judicial reasoning, law reform and private law. With Jamie Glister, he is the coeditor of Hanbury & Martin: Modern Equity, the 21st edition of which will be published later this year.


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