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Werribee Gorge Accident 10-May-2006 At 12:41:06 PM Ronny

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Spot on billk.

On 10/05/2006 Bob Saki wrote:

>Well my learned friend this may just be the problem. I wont delve to far
>into this, but countries without this adversarial system seem to arrive
>closer to just findings (IMO)
>I may be generalising and I'm not comparing this to countries who observe
>Sharia Law or anything that may be view as extreme in terms of societal
>management.
>

I think that we need to be careful here not to throw the baby out with the bath water. An independent judiciary is one of the most important guarantees we have that our various legal rights will be protected and enforced. Imagine if some public servant in fear of his/her job got to arbitrate in your claim against centrelink/DIMA/Parks - who'd win then. The thing is that to have truely independent judges excludes the possibility of having an inquisitorial system. So we have lawyers to represent parties. Bear in mind though that the lawyers duties are (supposed to be anyway) first to the Court, and second to their client (which is really an incident of their duty to the Court).

I think you're right, that there are ways it can be improved (ie lawyers can be more scrupulous in the way they do their job) but I'm not convinced its the whole system that's at fault.

Right - I think I've doubled my monthly posting quota - I might now return to lurking for a bit.