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Lucinda lecture examines judicial criticism

7 September 2005

The Honourable Justice Ronald Sackville delivered the 13th Lucinda Lecture at Clayton campus last week.

Back: Faculty of Law deputy dean and Lucinda Lecture convener Professor H. P. Lee and Chief Justice of the Victorian Supreme Court Her Honour Marilyn Warren; front: Sir Zelman Cowen and Justice Sackville.

Justice Sackville has been a judge of the Federal Court of Australia since 1994 and is also chair of the Judicial Conference of Australia, a body representing judicial officers throughout Australia.

In this year's lecture, titled 'Judges under fire: how far can the critics go?', Justice Sackville called for fewer restrictions on the criticism of judges and courts.

"When compared with other institutions of the government in Australia, judges and courts receive privileged protection," Justice Sackville said.

"This is because of the longstanding belief that it will maintain public confidence in the legal system, but there is no evidence to suggest that incorrect or baseless criticisms damage people's confidence.

"The High Court needs to bring the judiciary into line with other liberal democracies, which apply more scope to the freedom of communication."

The Lucinda Lecture series is hosted by Monash's Law School and has as its patron former governor general The Right Honourable Sir Zelman Cowen.

It is named after the SS Lucinda paddle steamer, on which the drafting committee of the National Australasian Convention made important revisions to the earliest drafts of the Constitution during a three-day cruise in 1891.

The lectures canvass some of the fundamental issues of Australian constitutional law.