Justice William Gummow on the value of authorised law reports
In the article, Gummow and Sanderson use eight Australian and UK cases as examples to support their case. According to the authors:
Reports of argument frequently contain information which is valuable to an understanding of the reasons for judgment in a given case. Even the sorriest set of submissions inflicted on a court by counsel will colour a comprehensive understanding of the final authority, in the manner in which they are dismissed. Where an approach is accepted, it will form the basis of the eventual statement of law by the court.
Contemporary legal education, and the practice of law which follows, place insufficient emphasis upon the importance of authorised reports, and reports of argument in particular. This section considers reasons for this trend, and the possibility for its reversal, after examining reports of arguments in eight major decisions in public and private law of Australian and United Kingdom courts of final appeal. In each instance, we contend the reported argument significantly assists an understanding of the final decision in question.
Read the article, published as (2021) 32 PLR 177, on new Westlaw here.