Chapter 1
A consolidated Courts Act

Models for structuring the courts legislation

1.4Broadly speaking, there are four possible approaches to the large task of reform invited by the prospect of a Courts Act.

1.5However a consolidation exercise is to be advanced, it must necessarily provide for the following matters:9

1.6If the exercise is to be done adequately, it must address the following core principles:

8Australian Law Reform Commission The Judicial Power of the Commonwealth: A Review of the Judiciary Act 1903 (ALRC R92, 2001) at 689-694.
9See Ireland Law Reform Commission, above n 7, at 249; and see generally Ross Cranston How Law Works: The Machinery and Impact of Civil Justice (Oxford University Press, United Kingdom, 2006).
10See ss 23 and 24 of the Constitution Act 1986, and s 3(a) of the New Zealand Bill of Rights Act 1990.