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Overview
This course provides lawyers with insights from an insider into the process of judicial fact-finding and decision-making in the context of civil appeals, criminal appeals and international inquiries.Â
Fact-finding in formal decision-making is always subject to human error and other difficulties. However, decision-makers are still obliged to discharge their responsibilities by explaining how they reached their conclusions.
This course examines three case studies to explore the difficulties and necessities of fact-finding in formal decision-making.
- The first involves a civil appeal and the fact-finding responsibilities of an Appellate Court in scrutinising the proceedings.
- The second concerns a criminal appeal involving a compelling matrix of circumstantial evidence and consideration of whether a retrial was required.
- The third involves an international commission of inquiry on human rights where the state concerned would not cooperate but demonstrated flaws in witness testimony.
Through these three case studies, lawyers will explore how the decision-makers reached their ultimate conclusions, the differences that arose on the journey to these conclusions and the aftermath, with a critique of the outcomes.
Last Updated: June 2024
Meet the expert
The Hon Michael Kirby AC CMG
Former High Court Justice
Michael Kirby was, until 2 February 2009, one of the seven Justices of Australia's highest constitutional and appellate court, the High Court of Australia.
Reviews
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A very worthwhile course.The use of examples and their application to illustrate principles was excellent. The takeaway for me from this course was, particularly bearing in mind the current media trend toward "guilty until proven innocent" was to remind me about the need for objectivity and assessing evidence rather than relying on rhetoric.G. Pidco, SolicitorWhere Does Truth Lie? Challenges and Imperatives of Judicial Fact-Finding This course provides lawyers with insights from an insider into the process of judicial fact-finding and decision-making in the context of civil appeals, criminal appeals and international inquiries.ÂLawCPD
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An interesting and unexpected delightThis course canvassed the intersection of justice and truth and was surprisingly digestible and engaging! I thoroughly enjoyed the contrasting case studies and this really engaged my learning.J. Campbell, SolicitorWhere Does Truth Lie? Challenges and Imperatives of Judicial Fact-Finding This course provides lawyers with insights from an insider into the process of judicial fact-finding and decision-making in the context of civil appeals, criminal appeals and international inquiries.ÂLawCPD
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Great courseCourse included varied examples of the challenges of investigationE. Hookey, SolicitorWhere Does Truth Lie? Challenges and Imperatives of Judicial Fact-Finding This course provides lawyers with insights from an insider into the process of judicial fact-finding and decision-making in the context of civil appeals, criminal appeals and international inquiries.ÂLawCPD
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Excellent interesting courseWell presented case notesG. Alexander, SolicitorWhere Does Truth Lie? Challenges and Imperatives of Judicial Fact-Finding This course provides lawyers with insights from an insider into the process of judicial fact-finding and decision-making in the context of civil appeals, criminal appeals and international inquiries.ÂLawCPD
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Highly informative and good use of case studiesThis was a content rich course which not only delivered very clear teachings but was also very interesting. The case studies were excellent in highlighting each point and ensuring knowledge retention for the course participant.
J. Aldrich, SolicitorWhere Does Truth Lie? Challenges and Imperatives of Judicial Fact-Finding This course provides lawyers with insights from an insider into the process of judicial fact-finding and decision-making in the context of civil appeals, criminal appeals and international inquiries.ÂLawCPD -
ExcellentInteresting case studies and clearly made points.K. Boyd, SolicitorWhere Does Truth Lie? Challenges and Imperatives of Judicial Fact-Finding This course provides lawyers with insights from an insider into the process of judicial fact-finding and decision-making in the context of civil appeals, criminal appeals and international inquiries.ÂLawCPD
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An exceptional CPD course.Interesting subject matter and very well written.
F. Lowe, SolicitorWhere Does Truth Lie? Challenges and Imperatives of Judicial Fact-Finding This course provides lawyers with insights from an insider into the process of judicial fact-finding and decision-making in the context of civil appeals, criminal appeals and international inquiries.ÂLawCPD
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Substantive Law
Where Does Truth Lie? Challenges and Imperatives of Judicial Fact-Finding
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