Roles of judges and magistrates

Question 1

What are the roles of the judge and magistrate

Answer 1

Act impartially
Case management (before trial or hearing)
Case management (during trial or hearing)
Decide on costs
Determine liability and remedy

Question 2

What does case management mean

Answer 2

Judges and magistrates are able to use their powers and set directions to ensure the court processes are efficient, impartial, timely and cost effective

Question 3

What case management powers do judges and magistrates have before a trial or hearing

Answer 3

Discovery –> Enables parties to get copies of each other’s documents that are relevant to the issues in dispute

Mediation –> The judge or magistrate may order the parties to attend mediation by a certain date to try to resolve the dispute before trial

Question 4

What case management powers do judges and magistrates have during a trial or hearing

Answer 4

• Change the order in which evidence is given, or who will go first
• Limit the time for the hearing or trial
• Limit the examination of witnesses, or not allowing cross-examination by particular witnesses
• Limit the number of witnesses a party may call
• Limit the length or duration of the parties’ submissions to the court
• Limit the number of documents that a party may submit as evidence

Question 5

How do judges and magistrates decide on costs

Answer 5

After each hearing in a civil case, the judge or magistrate will decide which party should bear the costs

Question 6

How do judges and magistrates determine liability and remedy

Answer 6

If there is no jury in the civil trial, the judge must decide whether the plaintiff has established their claim against the defendant, and if so, what remedy should be awarded. In the magistrates’ court, the magistrate will determine both liability and remedy.

Question 7

Strengths of courts

Answer 7

• Judges and magistrates act as impartial umpires. They oversee the process, but do not interfere, meaning no party is advantaged or disadvantaged as the judge or magistrate does not take sides
• Judges and magistrates are experts in law, legal processes and cases, and can use this expertise in managing the case and making a decision on liability
• Judges and magistrates manage the case both before and during the trial. They have significant case
  management powers to ensure disputes are resolved in a just, efficient, timely and cost-effective manner
• Judges and magistrates are able to assist self-represented parties, such as explaining what a discovery is

Question 8

Weaknesses of judges and magistrates

Answer 8

• Judges and magistrates are human, and there are some risks that they may have actual or apprehended bias that impacts decision-making, such as if their fatigued
• The cultural and general diversity of judges and magistrates has been previously criticised, increasing distrust felt by people in the community about if the outcome reflects a ‘just’ outcome
• The extent to which a case is managed by a judge or magistrate may depend on the case and who is overseeing it
• Judges and magistrates cannot interfere excessively in their cases, including those involving a self-represented party