Continuity or Change? Judicial Behaviour and Judgment Writing in the High Court of Australia 2000-2018

Abstract

In recent years there has been a growing commentary on the apparent changes in practices of the decision-making processes and practices of the High Court of Australia Court. This paper examines aspects of the Court’s approach to its work in an empirical way, drawing upon data from judgments, annual reports and previously published statistics to examine (a) Case initiations, finalization and methods of disposition; (b) Length of High Court judgment; and (c) Trends in Decision-Making of the High Court. The paper finds that although some aspects of the Court’s workload and judgment writing remain unchanged, rates of agreement and co-authorship have increased significantly. The implications of those changes are considered.