Story Behind the Judgments 11 November 2004.pdf (819.03 kB)
Story Behind the Judgements: The Influence of Judicial Personalities on Negligence Case Outcomes
presentationposted on 2022-12-01, 06:44 authored by Marilyn Warren
Her Honour discusses how subjective factors (specifically personality and philosophy) can influence judicial decision-making in negligence cases when legal arguments are indeterminate. Her Honour contrasts the different judicial personalities of Justice Dixon and Justice William Deane in the context of their decision making. Finally, Her Honour considers whether subjective factors should influence judicial decision making.