Appeals: When is a Trial Judge "Wrong"?

20/10/2020 1h 2min
Appeals: When is a Trial Judge "Wrong"?

Listen "Appeals: When is a Trial Judge "Wrong"?"

Episode Synopsis

What will the seminar cover?Appeals are characterised by a tension between two competing considerations. On the one hand, appeals serve an important public and private function in correcting errors by trial judges. On the other, appellate courts must be cognisant of their natural limitations and must give due respect to the advantages enjoyed by trial judges. How this dichotomy between appellate obligation and appellate restraint is resolved determines not only how appellate courts decide appeals, but also how counsel argue appeals.Viewers will join an English Court of Appeal judge and experienced counsel in a discussion of the diverging approaches to this issue taken by Australian and English law.Topics of discussion include:- The functions of the Queensland Court of Appeal and the English Court of Appeal- The standard of appellate review applicable to four types of first instance decision- The differences between Australian and English law- Whether Queensland v Masson [2020] HCA 28 would have been decided differently in the UKWho should listen?All law practitioners, but particularly commercial lawyers, litigators and their clients.PRESENTERSDiscussion Chair: Roger Traves QC (barrister, Level Twenty Seven Chambers)The session Chair has appeared as counsel on numerous Court of Appeal cases across a spectrum of commercial cases, most recently State of Queensland v Masson which went to the High Court.UK perspective: Sir Richard McCombe (Lord Justice of Appeal, Court of Appeal of England and Wales)Chambers warmly welcomes our guest speaker. Richard was a practising barrister in the UK from 1975 until his appointment to the High Court of England and Wales in 2001. He was Presiding Judge of the Northern Circuit 2004-7 and appointed a Lord Justice of Appeal in 2012.Australia perspective: Mohammud Jaamae Hafeez-Baig (barrister, Level Twenty Seven Chambers)Additional materialsThe video recording of the session is published here.A list of the cases cited by the panel is available here.Liability limited by a scheme approved under the professional standards legislationDid you miss previous seminars? Check out the seminar archive on Level Twenty Seven Chambers' website for the video recordings and associated materials produced by the speakers.Want to join future seminars live, in person or online? Register your interest.Website: www.level27chambers.com.au

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