Mainstreaming TJ

Panelists:
Chief Justice Wayne Martin, Supreme Court of Western Australia
Judge Ian Dearden, District Court of Queensland
Dr Liz Richardson, Australian Institute of Judicial Administration
Magistrate Pauline Spencer, Magistrates’ Court of Victoria
Chair, Joanna Kalowski, mediator and judicial educator

Session description:

Magistrate Pauline Spencer will commence this session by introducing attendees to the concept of ‘Mainstreaming TJ’ and discussing the distinction between the therapeutic design of the law and therapeutic application of the law.

The panelists will follow this with discussion of the different ways in which they have each approached the therapeutic design of the law as well as its application in a range of jurisdictions.

This session will look at TJ in practice, with Judge Ian Dearden reflecting on court craft and the way judges operate in the existing court environment with all its constraints.

As head of jurisdiction, Chief Justice Wayne Martin will provide a wider perspective, addressing the scope for greater application of TJ principles in complex civil litigation, as well as its implications for court administration, resource and judicial management.

Dr Liz Richardson will then outline the tools for Mainstreaming such as the International Framework for Court Excellence, bench books and blogs. Jo Kalowski will follow with a brief discussion of the nature of judicial education in this area.

The session is intended to be interactive, and will provide attendees with the opportunity not just to hear from the panel but to ask questions and discuss current concerns.

Biographies

Joanna Kalowski
Joanna Kalowski is a mediator and judicial educator, and has worked with courts and tribunals in Australia, Asia and Europe. She has a background as an adult educator, and designs, leads and evaluates programs for lawyers and judges.

She is a former member of the Administrative Appeals Tribunal and the National Native Title Tribunal.

Chief Justice Wayne Martin
The Hon Wayne Martin was admitted to legal practice in Western Australia in 1977.  In 1993 he was appointed Queen’s Counsel.  At different times he has served as Chairman of the Law Reform Commission of WA and the Administrative Review Council, and as President of the Law Society of WA and the WA Bar Association.  In 2006, he became the 13th Chief Justice of the Supreme Court of Western Australia.  In 2012, the Chief Justice was recognised nationally when he was appointed a Companion in the General Division of the Order of Australia.  The Chief Justice currently holds many positions as Chairman or Patron, and is also the Lieutenant Governor of Western Australia.

Dr Liz Richardson
Dr Liz Richardson BA LLB MCrim Phd is the ICCE Officer at the Secretariat of the International Consortium for Court Excellence based at the Australasian Institute of Judicial Administration. She is also Senior Research Fellow at the Australian Centre for Justice Innovation at Monash Law Faculty. Liz recently completed her PhD at Monash University entitled ‘Envisioning Next Generation Mental Health Courts for Australia’. Her research interests are problem-oriented courts, diversion and intervention programs, therapeutic jurisprudence, sentencing, criminology, criminal law, self-represented litigants, judicial and court administration.

Judge Ian Dearden

Ian Dearden was a criminal defence and anti-discrimination lawyer who practised almost exclusively in those areas in Brisbane, Queensland, Australia from December 1984 until February, 2005. From 1 July 1997 until 24 February, 2005, he was the principal of Dearden Lawyers. That firm practiced in the areas of criminal law, anti-discrimination law, administrative law and professional misconduct. He had previously been a legal officer with the Legal Aid Office (Qld) for six and a half years, and an employed solicitor with Robertson O’Gorman for six years.  He holds the degrees of Bachelor of Commerce and Bachelor of Laws with Honours from the University of Queensland, as well as a Graduate Diploma in Legal Practice and a Master of Legal Practice from the Queensland University of Technology. He is the author, co-author, editor and/or contributor to a number of texts, including “The Duty Lawyer Handbook”, “Advocacy Basics for Solicitors”, “Criminal Law Checklists”, “An Annotated Guide to the Queensland Anti-Discrimination Act”, “The Lawyers Practice Manual (Queensland)” and the “Queensland Law Handbook”.  He was President of the Queensland Council for Civil Liberties from March 1994 until February, 2005, and was an executive member of that Council from 1985.  He was a member of the Council of King’s College at the University of Queensland from 1997 to 2000, and 2002 to 2003. He was appointed a Fellow of Kings College in 2009. He was a board member of Legal Aid Queensland from 2003 to 2005. In 2003, he was awarded a Centenary Medal for “distinguished services to law and civil liberties”. He has lectured and spoken extensively at schools, universities, seminars, professional and community groups on criminal law, anti-discrimination law and advocacy.  He was a member of the University of Southern Queensland (USQ) Law School Advisory Committee from 2007, and Chair from 2010 to 2013. He has been a member of its replacement body (USQ School of Law and Justice Board of Study) since 2014. He has been an Adjunct Professor of Law at USQ since 2011.  He is (proudly) a folksinger, songwriter, guitarist, multi-instrumentalist, former folk concert promoter and regular performer at folk clubs and folk festivals since the mid 1970s. His debut solo album, “What Took You So Long?” was released in December, 2014.  On 28 February, 2005, he was sworn in as a judge of the District Court of Queensland. Judge Dearden was the resident judge at Beenleigh District Court from January, 2007 until February, 2016, and is now based at the QEII Courts of Law in Brisbane.
Magistrate Pauline Spencer
Magistrate Pauline Spencer sits at Dandenong Magistrates’ Court, Victoria, Australia.  She was appointed to the bench in 2006.  Prior to her appointment she worked as a private lawyer and then with community legal centres as a lawyer and in a policy role.  During this time she worked with people with addictions and wrote and spoke about the need for the justice system to find better ways of dealing with people who were committing offences as a result of addiction.  Since being appointed Magistrate Spencer has developed her interest in therapeutic jurisprudence and in particular its application in busy mainstream court setting.

About the Association

The Australasian Institute of Judicial Administration (AIJA) is a research and educational institute associated with Monash University. It is funded by the Law, Crime and Community Safety Council (LCCSC) and also from subscription income from its membership.

The principal objectives of the Institute include research into judicial administration and the development and conduct of educational programmes for judicial officers, court administrators and members of the legal profession in relation to court administration and judicial systems.

Conference Managers

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