Courts as communicators: can doctors learn from judges' decisions?

Abstract

The role of the courts in 'communicating' with those affected by their decisions is contentious. Some legal commentators maintain that courts and legislators are able to communicate decisions effectively and that attempts to 'dumb down' the law will not make such decisions more accessible to doctors and other professionals. Justice Michael Kirby, on the other hand, seems to share the present author's view that judges could improve their communication of their decisions to a wider audience: 'In future, it seems inevitable that proceedings [of the High Court] will be broadcast live. Maybe one of the judges will explain the decisions of the court in simple terms as they are handed down ... Adaptation to new ways and values is part of the genius of our law, although some if its practitioners need to be dragged kicking and screaming to accomplish the changes' (emphasis added).(1) This article explores the position in Australia.