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in law, come close to the top of their class, or worked for a judge previously in a lower court. The website of the High Court states that competition is "very strong" and that there are sometimes upwards of 200 applications for a single vacancy. The website of the
Supreme Court of New South Wales
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The extent and nature of the tasks performed by an associate or tipstaff depends on the individual judge. Unlike in the United States, they rarely prepare whole initial drafts of a judgment, though they may draft parts. Tasks may include preparing research memos to the judge on questions of law,
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Applicants to the positions are usually required to have graduated with a law degree and have performed well in their studies. However, as the selection of associates is within the personal remit of the relevant judge and not subject to public scrutiny, nepotism and/or favouritism remains a live
91:, the capital of Australia and the seat of the Court, and one is based in the judge's home town and travels with the judge when the Court is on circuit to the other capital cities. Previous associates have written that the nature of the associate's role is different from that of a
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checking draft judgments for accuracy with the record, providing critique on the substance of the reasoning of judgments, assisting with speech-writing and research, communicating with lawyers who contact the judge's chambers, and administrative duties.
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Almost all
Australian courts employ judicial clerks to assist judges with legal research and reviewing draft judgments. In federal courts and some state courts, the position is known as a "Judge's Associate". However, in the
61:, the position is known as a "Tipstaff". A point of confusion is that, in New South Wales, a judge's personal assistant or administrative secretary is known as an Associate.
243:
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describes tipstaff positions as "extremely popular and therefore highly competitive" and that applicants are expected to have "a strong academic record".
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A judge's associate was allowed to make part of their salary by supplying copies of the Judge's notes to litigants. Mr Taylor, Member of
Parliament for
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For the penalty for the recording, by a judge's associate, of appearances by a party when the party did not in fact appear, see section 3 of the act
193:
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In the High Court, each of the seven
Justices has two associates at any given time. Usually, one associate is based permanently in
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David
Solomon. Nepotism, patronage and public trust: appointments to government offices. 2014. The Sydney Morning Herald.
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In
England, a judge's associate is an administrative role. In New Zealand, a judge's associate was a court stenographer.
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In country causes the record etc. had to be entered, and the cause set down for trial, with the judge's associate.
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Generally the higher the court, the more competitive selection becomes. It is not uncommon for associates in the
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James
Donovan. Courtroom Procedure in New Zealand: A Practitioners survival kit. CCH New Zealand Ltd. 2008. pp
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said that this practice should be abolished and that judge's associates should be paid a fixed salary instead.
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James
Donovan. Courtroom Procedure in New Zealand: A Practitioners survival kit. CCH New Zealand Ltd. 2008.
363:
343:
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Katherine G Young, 'Open
Chambers: High Court Associates and Supreme Court Clerks Compared' (2007) 31
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142:. A judge's associate recorded the evidence given in court either in shorthand or with a typewriter.
37:) is a recent law graduate or lawyer who performs various duties to assist a specific judge, such as
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draft judgments, providing substantive comments to the judge and administrative duties.
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William Robert Cole. The Law and
Practice in Ejectment. H Sweet. London. 1857.
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194:'Applying for an associateship with a Justice of the High Court of Australia'
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A judge's associate is referred to in court as "Your Honour's associate".
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110:. c. 25 (1729 or 1730), which was replaced by section 39 of the
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In Australia, a judge's associate (not to be confused with a
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214:'Applying for a Tipstaff position at the Supreme Court'
327:Parliamentary debates. Volume 125. 1908. Page 369.
287:Statutes at Large. King's Printer. London. 1764.
253:Bri Lee. Eggshell Skull. Allen & Unwin. 2018.
335:
233:, Autumn 2011, 54, retrieved 23 February 2017.
69:criticism of the associate selection process.
26:is an individual who provides assistance to a
72:The positions usually run for one year.
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118:. c. 50), which is repealed (see the
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173:Federal Court of Australia website,
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264:Melbourne University Law Review
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177:, retrieved 23 February 2017.
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212:NSW Supreme Court website,
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227:'A Tippy Path to the Bar'
190:High Court of Australia
77:High Court of Australia
369:Judiciary of Australia
95:in the United States.
79:to have attained the
175:'Judges' Associates'
364:Law of New Zealand
344:Legal professions
150:Christchurch City
136:judge's associate
99:England and Wales
24:judge's associate
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359:Law of Australia
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138:was a court
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43:proofreading
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354:English law
132:New Zealand
126:New Zealand
349:Law clerks
338:Categories
156:References
30:or court.
16:See also:
192:website,
93:law clerk
52:Australia
18:Law clerk
231:Bar News
116:6 Geo. 4
108:3 Geo. 2
89:Canberra
35:tipstaff
277:p 273
28:judge
317:p 23
303:and
289:p 26
134:, a
130:In
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340::
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182:^
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22:A
305:9
301:8
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