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The Appeal Of Court-Led Reform

The Appeal Of Court-Led Reform

By Julianna Marshall


Rules of precedent and the separation of powers do not prevent the judiciary from engaging in meaningful reform. Do you consider the Court of Appeal to be too activist or not activist enough? This was the question I was asked during my interview for an associateship. It was not what I was expecting. I knew the question wasn’t whether judges should march in the streets. I was being asked about law reform but I hadn’t spent time thinking about courts in that context. When young lawyers think of law reform many think of pro bono work and organisations like the Asylum Seeker Resource Centre or the Victorian Law Reform Commission or of the tireless work of campaigners like Chrissie and Anthony Foster.

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