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25 U.W. Austl. L. Rev. 213 (1995)
Ex Tempore Judgments - Reasons on the Run

handle is hein.journals/uwatlw25 and id is 217 raw text is: DEC 1995] 213 ARTICLES Ex Tempore Judgments - Reasons on the Run MICHAEL KIRBY' 'I believe that in the next decade, the pressures on the courts (especially the appellate courts) will oblige us to modif, our procedures in order to facilitate ex tempore decision-making. This will require the reduction of oral argument, the improvement of written argument and, essentially the presentation to judicial officers by the parties of succinct written material which can be adapted readily to provide the basic framework of a judicial opinion. The time of limitless oral argument before judges trapped at their benches is coming to a close.' The giving of reasons is 'an incident of the judicial process'. So wrote Mahoney JA in Housing Commission of NSW v Tatmar Pastoral Co Ply Ltd' in words which have now been endorsed by the High Court of Australia,2 with the qualification that whilst this is a 'normal', it is not a 'universal', incident of the process. Fulfilling the duty which derives from that aspect of the life of ajudicial officer results in the constant obligation to provide a public statement of reasons for decisions. Such reasons and the orders which follow them resolve disputes and aspects of disputes in a formal way in a wide variety of courts and tribunals throughout the country. Reasons may be given in a formal statement prepared by the judicial officer, certified by the clerk or associate, t AC CMG; Justice of the High Court of Australia; formerly President of the NSW Court of Appeal. This paper was first published in (1992) 9 Aust Bar Rev 93, and is reprinted with the kind permission of its editor. 1. [1983] 3 NSWLR 378, 386. 2. Public Service Board (NSW) v Osnond (1986) 159 CLR 656, 667.

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