Journal article
Procedure and evidence in 'court substitute' tribunals
Australian Bar Review, Vol.28(41), pp.41-87
2006
Abstract
Tribunals which exercise judicial power have proliferated in recent times. Most of these 'court substitute' tribunals have been given similarly worded statutory powers which direct them to act according to equity, good conscience, and the substantial merits of the case and which permit them to dispense with the rules of evidence. The meaning of 'equity and good conscience' clauses appears to have changed over time. Now they are procedural powers only. The stipulation that a tribunal is not bound by the rules of evidence is not particularly clear for it does not mean that a tribunal may refuse to apply a number of fundamental principles of law which are sometimes cast as part of the law of evidence. While 'court substitute' tribunals have been granted some procedural flexibility and evidentiary freedom they are obliged to comply with the rules of natural justice. In the absence of detailed rules of procedure and evidence, the task of complying with the rules of natural justice may often prove difficult. It has long been assumed that the procedural and evidentiary powers which are given to 'court substitute' tribunals distinguish them from courts. This assumption may no longer be valid.
Details
- Title
- Procedure and evidence in 'court substitute' tribunals
- Authors
- Neil Rees (Author) - University of Newcastle
- Publication details
- Australian Bar Review, Vol.28(41), pp.41-87
- Publisher
- LexisNexis Butterworths
- Date published
- 2006
- ISSN
- 0814-8589
- Organisation Unit
- Governance and Risk Management; University of the Sunshine Coast, Queensland; School of Law and Criminology - Legacy
- Language
- English
- Record Identifier
- 99450494702621
- Output Type
- Journal article
Metrics
2 File views/ downloads
2013 Record Views