COMMONWEALTH BIOS (Listed in Order of Country, Alphabetically)
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The Honourable Charles Doherty Gonthier, Formerly a Justice of the Supreme Court of Canada, Passed Away in Montreal, Quebec, on July 17, 2009
FOR IMMEDIATE RELEASE OTTAWA, July 20, 2009 – The Honourable Charles Doherty Gonthier, formerly a Justice of the Supreme Court of Canada, passed away in Montreal, Quebec, on July 17, 2009. Born in Montreal, Justice Gonthier received his Bachelor of Civil Law from McGill University. He was called to the Bar of Quebec in 1952, and subsequently practised law, first with the firm of Hackett, Mulvena & Laverty, and then with the firm of Hugessen, Macklaier, Chisholm, Smith & Davis, later known as Laing, Weldon, Courtois, Clarkson, Parsons, Gonthier & Tétrault. Justice Gonthier was appointed to the Quebec Superior Court in 1974, and elevated to the Quebec Court of Appeal in 1988. Less than a year later, on February 1, 1989, he was appointed to the Supreme Court of Canada. He served on the Supreme Court of Canada for fourteen years, retiring on August 1, 2003. Since his retirement, Justice Gonthier served as counsel in the law firm of McCarthy Tétrault, as Chair of the Board of Governors of the Centre for International Sustainable Development Law at the Law Faculty of McGill University, and as Commissioner of the Communications Security Establishment. Chief Justice Beverley McLachlin, on behalf of the members of the Supreme Court of Canada, mourned Justice Gonthier’s passing, “Charles Gonthier was an eminent and highly respected Canadian jurist. His development of the notions of equity and good faith, particularly in the area of contract law, has benefited all Canadians. But Justice Gonthier’s contributions extended far beyond the courtroom. His active dedication to the arts, and to issues such as sustainable development, demonstrated a unique interest in the welfare of both current and future generations. -
Canadian Law Library Review Revue Canadienne Des Bibliothèques Is Published By: De Droit Est Publiée Par
CANADIAN LAW LIBRARY REVIEW REVUE CANADIENNE DES BIBLIOTHÈQUES DE DROIT 2017 CanLIIDocs 227 VOLUME/TOME 42 (2017) No. 2 APA Journals® Give Your Users the Psychological Research They Need LEADING JOURNALS IN LAW AND PSYCHOLOGY 2017 CanLIIDocs 227 Law and Human Behavior® Official Journal of APA Division 41 (American Psychology-Law Society) Bimonthly • ISSN 0147-7307 2.884 5-Year Impact Factor®* | 2.542 2015 Impact Factor®* Psychological Assessment® Monthly • ISSN 1040-3590 3.806 5-Year Impact Factor®* | 2.901 2015 Impact Factor®* Psychology, Public Policy, and Law® Quarterly • ISSN 1076-8971 2.612 5-Year Impact Factor®* | 1.986 2015 Impact Factor®* Journal of Threat Assessment and Management® Official Journal of the Association of Threat Assessment Professionals, the Association of European Threat Assessment Professionals, the Canadian Association of Threat Assessment Professionals, and the Asia Pacific Association of Threat Assessment Professionals Quarterly • ISSN 2169-4842 * ©Thomson Reuters, Journal Citation Reports® for 2015 ENHANCE YOUR PSYCHOLOGY SERIALS COLLECTION To Order Journal Subscriptions, Contact Your Preferred Subscription Agent American Psychological Association | 750 First Street, NE | Washington, DC 20002-4242 USA ‖‖ CONTENTS / SOMMAIRE 5 From the Editor The Law of Declaratory Judgments 40 De la rédactrice Reviewed by Melanie R. Bueckert 7 President’s Message Pocket Ontario OH&S Guide to Violence and 41 Le mot de la présidente Harassment Reviewed by Megan Siu 9 Featured Articles Articles de fond Power of Persuasion: Essays -
Canadian Law Library Review Revue Canadienne Des Bibliothèques Is Published By: De Droit Est Publiée Par
CANADIAN LAW LIBRARY REVIEW REVUE CANADIENNE DES BIBLIOTHÈQUES DE DROIT VOLUME/TOME 42 (2017) No. 2 APA Journals® Give Your Users the Psychological Research They Need LEADING JOURNALS IN LAW AND PSYCHOLOGY Law and Human Behavior® Official Journal of APA Division 41 (American Psychology-Law Society) Bimonthly • ISSN 0147-7307 2.884 5-Year Impact Factor®* | 2.542 2015 Impact Factor®* Psychological Assessment® Monthly • ISSN 1040-3590 3.806 5-Year Impact Factor®* | 2.901 2015 Impact Factor®* Psychology, Public Policy, and Law® Quarterly • ISSN 1076-8971 2.612 5-Year Impact Factor®* | 1.986 2015 Impact Factor®* Journal of Threat Assessment and Management® Official Journal of the Association of Threat Assessment Professionals, the Association of European Threat Assessment Professionals, the Canadian Association of Threat Assessment Professionals, and the Asia Pacific Association of Threat Assessment Professionals Quarterly • ISSN 2169-4842 * ©Thomson Reuters, Journal Citation Reports® for 2015 ENHANCE YOUR PSYCHOLOGY SERIALS COLLECTION To Order Journal Subscriptions, Contact Your Preferred Subscription Agent American Psychological Association | 750 First Street, NE | Washington, DC 20002-4242 USA ‖‖ CONTENTS / SOMMAIRE 5 From the Editor The Law of Declaratory Judgments 40 De la rédactrice Reviewed by Melanie R. Bueckert 7 President’s Message Pocket Ontario OH&S Guide to Violence and 41 Le mot de la présidente Harassment Reviewed by Megan Siu 9 Featured Articles Articles de fond Power of Persuasion: Essays by a Very Public 41 Edited by John -
Situating Women Judges on the High Court of Australia: Not Just Men in Skirts?
Situating Women Judges on the High Court of Australia: Not Just Men in Skirts? Kcasey McLoughlin BA (Hons) LLB (Hons) A thesis submitted for the degree of Doctor of Philosophy, the University of Newcastle January 2016 Statement of Originality This thesis contains no material which has been accepted for the award of any other degree or diploma in any university or other tertiary institution and, to the best of my knowledge and belief, contains no material previously published or written by another person, except where due reference has been made in the text. I give consent to the final version of my thesis being made available worldwide when deposited in the University's Digital Repository, subject to the provisions of the Copyright Act 1968. Kcasey McLoughlin ii Acknowledgments I am most grateful to my principal supervisor, Jim Jose, for his unswerving patience, willingness to share his expertise and for the care and respect he has shown for my ideas. His belief in challenging disciplinary boundaries, and seemingly limitless generosity in mentoring others to do so has sustained me and this thesis. I am honoured to have been in receipt of his friendship, and owe him an enormous debt of gratitude for his unstinting support, assistance and encouragement. I am also grateful to my co-supervisor, Katherine Lindsay, for generously sharing her expertise in Constitutional Law and for fostering my interest in the High Court of Australia and the judges who sit on it. Her enthusiasm, very helpful advice and intellectual guidance were instrumental motivators in completing the thesis. The Faculty of Business and Law at the University of Newcastle has provided a supportive, collaborative and intellectual space to share and debate my research. -
SA Public Sector Newsletter
ADVICE | TRANSACTIONS | DISPUTES 17 NOVEMBER 2020 ISSUE 37 PUBLIC SECTOR NEWSLETTER - SOUTH AUSTRALIA Welcome to Issue 37 of the SA Public Sector Newsletter. Cashless Centrelink payment cards “not worth the human cost” Crime Stoppers SA has received an $800,000 investment Cashless debit cards for welfare recipients are over four years from the Marshall Government, to help demeaning and create stress for recipients, senators improve the future safety of South Australians. The have been told as the Morrison Government looks ongoing funding will allow Crime Stoppers to expand its to widen the scheme. (06 November 2020) https:// operations across South Australia, including measures to indaily.com.au/news/2020/11/06/cashless-centrelink- stop rural criminal activity. payment-cards-not-worth-the-human-cost/ In other local news, the laws that will significantly reduce Clive Palmer has lost his WA border battle. What does it the discounts available to serious criminal offenders for mean for state and territory boundaries? early guilty pleas have now come into effect, with the previous available discount of up to 40% for an early guilty The High Court has knocked back billionaire miner Clive plea reduced to a maximum of 25%. Palmer’s challenge against Western Australia’s COVID-19 hard border closure. Chief Justice Susan Kiefel said the This issue of the Newsletter also provides the usual round- court had found the Act complied with the constitution up of practice notes, cases and legislation assistance. and the directions did not raise a constitutional -
Judiciary Fact Sheet
Judiciary The Judiciary of the Hong Kong Special Administrative Region The Court of Appeal of the High Court: It hears appeals on is responsible for the administration of justice in Hong Kong. It civil and criminal matters from the Court of First Instance and hears all prosecutions and civil disputes, including disputes the District Court, as well as appeals from the Lands Tribunal. It between individuals and the Government. also makes rulings on questions of law referred to it by the lower As prescribed in the Basic Law, the Hong Kong Special courts. It has an establishment of the Chief Judge and 13 Administrative Region has been authorized by the National Justices of Appeal. People’s Congress to exercise independent judicial power, including the power of final adjudication. It has also been The Court of First Instance of the High Court: It has stated in express terms that the courts of the Hong Kong unlimited jurisdiction in both civil and criminal matters. It also Special Administrative Region shall exercise judicial power exercises jurisdiction in admiralty, bankruptcy, company independently, free from any interference. Members of the winding-up, family, adoption, probate and mental health judiciary shall be immune from legal action in the performance matters. In its appellate jurisdiction, it hears appeals from the of their judicial functions. As reflected in their judicial oath, in Magistrates’ Courts and the Labour Tribunal, the Small Claims exercising their judicial power, judges are constitutionally Tribunal and the Obscene Articles Tribunal, as well as appeals required to determine and handle cases strictly in accordance from the Minor Employment Claims Adjudication Board. -
Judicial Advice to Trustees: Its Origins, Purposes and Nature
Advance Copy CRITIQUE AND COMMENT JUDICIAL ADVICE TO TRUSTEES: ITS ORIGINS, PURPOSES AND NATURE T HE HON CHIEF JUSTICE SUSAN KIEFEL AC* The rather strange practice of equity courts providing advice to trustees has a long history. To understand how it evolved, it is necessary to trace its origins and the later development of procedures arising out of the general administration action. It is necessary to identify its purposes in order to understand both the breadth of the power to advise and its limits. Equity’s broader supervisory jurisdiction over trusts may be explicable by reference to history. There may be questions whether orders by way of judicial advice involve judicial power or are to be regarded as historical anomalies. CONTENTS I Introduction ................................................................................................................... 1 II Origins ............................................................................................................................ 2 III The Administration Action.......................................................................................... 3 IV Lord St Leonards’ Act and Court Procedures ............................................................ 4 V The Purposes of the Advisory Jurisdiction ................................................................ 6 VI Nature and Limits to the Advice ................................................................................. 7 VII Jurisdiction and Judicial Power ................................................................................ -
Lifetime Achievement Award of the Anglophone Section of the Bar of Montreal
« THE VOICE OF MONTREAL ENGLISH-SPEAKING LAWYERS » Vol.1, No 1 $4 Vincent O’Donnell Lifetime Titre Achievement Award of the Anglophone section of the Bar of Montreal Ian M. Solloway reelected as president of the English-speaking section of the Bar of Montreal Me Johanne Brodeur, Vincent O’Donnell of Lavery’s new Bâtonnier of Quebec Me Bernard Synnott of Fasken Martineau, elected vice-president The first ever award of the English-speaking Section of the Bar of Montreal The Lifetime Achievement Award to Lavery’s «iconic» figure Vincent O’Donnell In this packed room, the largest gathering of Anglophone lawyers of Montréal ever to attend the annual meeting remarked president Ian M. Solloway, joined prestigious guests to celebrate Vincent O’Donnell, whose career as a lawyer, litigator and mentor, has touched so many law students, «stagiaires», associates and partners as well as the leadership of Quebec and Montreal Bar over the years, this low-profile professional everybody had «in awe» as Don McCarty mentioned, who after aticling under Vincent O’Donnell, has become the partner in charge at Lavery’s. Bâtonniers, judges, justices were on hand to be part of this grandiose ceremony organized jointly by the English- speaking section and the Bâtonnière Catherine Pilon of Dentons and director general Doris Larrivée along with the uncontested president of the section, Me Ian M. Solloway. Here’s how Ian Solloway introduced with great pride Vincent O’Donnell : Vincent O’Donnell This past year the English-Speaking Section of the Bar of Montreal decided to create the first ever award to be pre- sented by our section in its over 160 year history – “The By André Gagnon Lifetime Achievement Award ”. -
Banco Court Lectures 2018
Banco Court lectures 2018 Introduction In 2012 the Banco Court was the venue for the fi rst seminar to be conducted in this building. In the years since then this magnifi cent ceremonial courtroom has seen many lectures and presentations from distinguished judges and academics. The tradition continues in 2018 when, for the fi rst time, the Supreme Court Library Queensland has compiled this event guide to 13 free legal lectures presented in the Banco Court. The Selden Society lectures hosted by the library are presented in the guide, as is the Supreme Court Oration—which this year will be delivered by the Honourable Geoffrey Ma GBM, Chief Justice of the Hong Kong Court of Final Appeal. The guide also features lectures from the jointly managed Current Legal Issues seminar series, the Australian Academy of Law Queensland lecture, the Australian Institute of Judicial Administration’s annual oration, and the fi rst event of the Justice in Focus series. Across these various lecture series the topics are wide-ranging and engaging, with the speakers being drawn from many different courts and universities. The Supreme Court of Queensland is pleased to welcome these distinguished speakers to the Banco Court. I trust you will enjoy and be informed by these lectures and I encourage you to attend as many as possible. Catherine Holmes Chief Justice Calendar of lectures March May Tuesday 13th Thursday 3rd Justice in Focus series Selden Society lecture series Soft on crime? How sentencing Guns and judges: Antonin Scalia and can better refl ect community -
Day 1 : Friday 16 November Thursday 15 November Day 2 : Saturday 17
15-17 NOVEMBER • SYDNEY thursday 15 november 5.30-8.00pm WELCOME RECEPTION • PIER ONE SYDNEY HARBOUR day 1 : friday 16 november PLENARY STREAM 1: COMMERCIAL STREAM 2: TAX 7.15am-8.30am CELEBRATING WOMEN IN LAW BREAKFAST • PLANAR RESTAURANT DARLING HARBOUR Welcome 9.00am-9.10am Noel Hutley SC, President ABA & Arthur Moses SC, President NSWBA 9.10am-9.20am Welcome to Country Change and the Legal Profession 9.20am-9.45am The Hon Susan Kiefel AC, Chief Justice, High Court of Australia Keynote 9.45am-10.30am The Hon Tom Bathurst AC, Chief Justice of NSW 10.30am-11.00am MORNING TEA Keynote Address 70th Anniversary of the UN Keynote Address Keynote Address 11.00am-11.45am Declaration of Human Rights The Hon Robert French AC Allan Myers AC QC Professor Hilary Charlesworth AM Chair: Jennifer Batrouney QC Commentator: Kate Eastman SC Multilateral Instrument/Treaties International Commercial Australia the case for treaties David Bloom QC Arbitration 11.45am-12.45pm Tony McAvoy SC Roderick Cordara QC Justin Gleeson SC (panel session) Angela Wood Chair: Patrick O’Sullivan QC Chair: The Hon Justice J Davies 12.45pm-1.30pm LUNCH Judges in Conversation Managing Civil Litigation in the The Hon Justice Nye Perram Courts of the 21st Century Class Actions The Hon Justice Jayne Jagot 1.30pm-2.15pm The Hon Justice Julie Ward Chair: Clive Bowman The Hon Susan Glazebrook DNZM The Hon Justice (panel session) The Hon Thomas Thawley Jacqueline Gleeson Chair: Madeline Brennan QC The Fate of Old Time The Taxation of Proceeds of Advocacy Skills in Modern Litigation -
Reform of Family Justice: Children's Dispute Resolution in Hong Kong
\\jciprod01\productn\C\CAC\17-3\CAC307.txt unknown Seq: 1 28-MAR-16 16:03 REFORM OF FAMILY JUSTICE: CHILDREN’S DISPUTE RESOLUTION IN HONG KONG Katherine Lynch* I. INTRODUCTION The last twenty years have witnessed a transformation of fam- ily justice systems across the common law world, featuring particu- lar emphasis on ensuring that the best interests of children are protected when resolving family disputes.1 The evolving paradigm has shifted away from resolving family disputes in formal court- rooms via a litigious process that is viewed as lengthy, slow, com- plex, expensive, and far too adversarial, particularly when children are involved.2 In response to these challenges, many family proce- dural reforms, such as modifying court rules to accommodate more informal and flexible processes and expanding judicial roles to pro- vide greater case management and settlement facilitation, have been introduced within the global common law community.3 More non-adversarial approaches to dispute resolution have developed, with increased use of informal out-of-court dispute resolution— processes often referred to collectively as “alternative dispute reso- lution” or “ADR” processes.4 Increasingly, disputes involving chil- dren are being handled through more informal, non-adversarial * Associate Professor & Director of the University of Hong Kong LL.M. in Arbitration & Dispute Resolution program. The author would also like to acknowledge and sincerely thank Yulin Cheng for her helpful research assistance. 1 See examples of such efforts to reform the family justice systems in the UK (e.g. enacting the Family Procedure Rules, 2010), Australia (enacting the new Family Law Rules, 2004), New Zealand (enacting the new Family Court Rules, 2002), and more recently in Canada (e.g. -
Judges and Retirement Ages
JUDGES AND RETIREMENT AGES ALYSIA B LACKHAM* All Commonwealth, state and territory judges in Australia are subject to mandatory retirement ages. While the 1977 referendum, which introduced judicial retirement ages for the Australian federal judiciary, commanded broad public support, this article argues that the aims of judicial retirement ages are no longer valid in a modern society. Judicial retirement ages may be causing undue expense to the public purse and depriving the judiciary of skilled adjudicators. They are also contrary to contemporary notions of age equality. Therefore, demographic change warrants a reconsideration of s 72 of the Constitution and other statutes setting judicial retirement ages. This article sets out three alternatives to the current system of judicial retirement ages. It concludes that the best option is to remove age-based limitations on judicial tenure. CONTENTS I Introduction .............................................................................................................. 739 II Judicial Retirement Ages in Australia ................................................................... 740 A Federal Judiciary .......................................................................................... 740 B Australian States and Territories ............................................................... 745 III Criticism of Judicial Retirement Ages ................................................................... 752 A Critiques of Arguments in Favour of Retirement Ages ........................