Oxford Law News 2013
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Ceremonial Sitting of the Tribunal for the Swearing in and Welcome of the Honourable Justice Kerr As President
AUSCRIPT AUSTRALASIA PTY LIMITED ABN 72 110 028 825 Level 22, 179 Turbot Street, Brisbane QLD 4000 PO Box 13038 George St Post Shop, Brisbane QLD 4003 T: 1800 AUSCRIPT (1800 287 274) F: 1300 739 037 E: [email protected] W: www.auscript.com.au TRANSCRIPT OF PROCEEDINGS O/N H-59979 ADMINISTRATIVE APPEALS TRIBUNAL CEREMONIAL SITTING OF THE TRIBUNAL FOR THE SWEARING IN AND WELCOME OF THE HONOURABLE JUSTICE KERR AS PRESIDENT THE HONOURABLE JUSTICE KERR, President THE HONOURABLE JUSTICE KEANE, Chief Justice of the Federal Court of Australia THE HONOURABLE JUSTICE BUCHANAN, Presidential Member DEPUTY PRESIDENT S.D. HOTOP DEPUTY PRESIDENT R.P. HANDLEY DEPUTY PRESIDENT D.G. JARVIS THE HONOURABLE R.J. GROOM, Deputy President DEPUTY PRESIDENT P.E. HACK SC DEPUTY PRESIDENT J.W. CONSTANCE THE HONOURABLE B.J.M. TAMBERLIN QC, Deputy President DEPUTY PRESIDENT S.E. FROST DEPUTY PRESIDENT R. DEUTSCH PROF R.M. CREYKE, Senior Member MS G. ETTINGER, Senior Member MR P.W. TAYLOR SC, Senior Member MS J.F. TOOHEY, Senior Member MS A.K. BRITTON, Senior Member MR D. LETCHER SC, Senior Member MS J.L REDFERN PSM, Senior Member MS G. LAZANAS, Senior Member DR I.S. ALEXANDER, Member DR T.M. NICOLETTI, Member DR H. HAIKAL-MUKHTAR, Member DR M. COUCH, Member SYDNEY 9.32 AM, WEDNESDAY, 16 MAY 2012 .KERR 16.5.12 P-1 ©Commonwealth of Australia KERR J: Chief Justice, I have the honour to announce that I have received a commission from her Excellency, the Governor General, appointing me as President of the Administrative Appeals Tribunal. -
Law School Programs
Federation of Law Societies of Canada Approved Canadian Common Law School Programs (alphabetical, by university name) Legend: E/F indicates some courses are given in English, and some are in French E or F indicates the program is offered either in english OR in french Program Language Approval Approval Approval Type Started Status Type University of Alberta (Edmonton, Alberta) J.D. J.D. English 2015 Approved Program J.D./ Master of Business Administration (MBA) Joint English 2017 Approved Program J.D./J.D. (University of Colorado) Dual English 2017 Approved Program University of British Columbia (Peter A. Allard School of Law) Vancouver, British Columbia J.D. J.D. English 2015 Approved Program J.D./ Master of Business Administration (MBA) Joint English 2017 Approved Program J.D./LLB (Tsinghua University) Dual English 2017 Approved Program J.D./LLB (University of Hong Kong) Dual English 2017 Approved Program University of Calgary (Calgary, Alberta) J.D. J.D. English 2015 Approved Program J.D./ Master of Business Administration (MBA) Joint English 2017 Approved Program J.D./ Master of Public Policy (MPP) Joint English 2017 Approved Program J.D./J.D. International Energy Lawyers Program (University of Houston) Dual English 2017 Approved Program Dalhousie University (Schulich School of Law) (Halifax, Nova Scotia) J.D. J.D. English 2015 Approved Program J.D./ Master of Business Administration (MBA) Joint English 2017 Approved Program J.D./ Master of Public Administration (MPA) Joint English 2017 Approved Program J.D./ Master of Library and Information Studies (MLIS) Joint English 2017 Approved Program J.D./ Master of Health Administration (MHA) Joint English 2017 Approved Program J.D./ Civil Law upgrade One Year English 2017 Approved Program Lakehead University (Thunder Bay, Ontario) J.D. -
Federation of Law Societies of Canada
Federation of Law Societies of Canada Approved Canadian Common Law School Programs (alphabetical, by university name) Legend: E/F indicates some courses are given in English, and some are in French E or F indicates the program is offered either in english OR in french Program Language Approval Approval Approval Type Started Status Type University of Alberta (Edmonton, Alberta) J.D. J.D. English 2015 Approved Program J.D./ Master of Business Administration (MBA) Joint English 2017 Approved Program J.D./J.D. (University of Colorado) Dual English 2017 Approved Program University of British Columbia (Peter A. Allard School of Law) Vancouver, British Columbia J.D. J.D. English 2015 Approved Program J.D./ Master of Business Administration (MBA) Joint English 2017 Approved Program J.D./LLB (Tsinghua University) Dual English 2017 Approved Program J.D./LLB (University of Hong Kong) Dual English 2017 Approved Program University of Calgary (Calgary, Alberta) J.D. J.D. English 2015 Approved Program J.D./ Master of Business Administration (MBA) Joint English 2017 Approved Program J.D./ Master of Public Policy (MPP) Joint English 2017 Approved Program J.D./J.D. International Energy Lawyers Program (University of Houston) Dual English 2017 Approved Program Dalhousie University (Schulich School of Law) (Halifax, Nova Scotia) J.D. J.D. English 2015 Approved Program J.D./ Master of Business Administration (MBA) Joint English 2017 Approved Program J.D./ Master of Public Administration (MPA) Joint English 2017 Approved Program J.D./ Master of Library and Information Studies (MLIS) Joint English 2017 Approved Program J.D./ Master of Health Administration (MHA) Joint English 2017 Approved Program J.D./ Civil Law upgrade One Year English 2017 Approved Program Lakehead University (Thunder Bay, Ontario) J.D. -
2020-2021 Information for Employers the Mcgill Faculty of Law the BCL
2020-2021 Information for Employers The McGill Faculty of Law • Ranked amongst the top 20 best schools to study law worldwide for three consecutive years • One in five Supreme Court of Canada clerks over the past 10 years have been McGill Law grads • Over 8000 alumni in more than 100 countries across the world: 81% Canada, 8% USA, 11% International • Eligibility to sit any Canadian bar, the New York and Massachusetts bars, and others around the globe The BCL/JD Program McGill Law students graduate with two law degrees: a Bachelor of Civil Law (BCL) and Juris Doctor (JD). Our students are introduced to integrated or "transsystemic" teaching in the first year of the program. The fundamental concepts of civil law and common law, as well as Indigenous and world legal traditions, are studied comparatively within a single course. The Faculty admits academically accomplished students from across Canada and around the world. Most students enter with a first-class honours university degree, and many have graduate degrees and/or professional experience. All students are required to be bilingual in English and French. Some students are admitted with a Diploma of Collegial Studies (D.C.S.) after completing a post-secondary college-level program unique to Quebec. Our curriculum features opportunities for problem-based learning, translation of knowledge into action, and the development of skills critical to engaged, effective and enlightened lawyers. Information about our curriculum can be found at http://www.mcgill.ca/law/future. The BCL/JD program is a full-time first level professional law degree. The program is 105 credits and most students complete it in 3.5 years. -
Autumn 2015 Newsletter
WELCOME Welcome to the CHAPTER III Autumn 2015 Newsletter. This interactive PDF allows you to access information SECTION NEWS easily, search for a specific item or go directly to another page, section or website. If you choose to print this pdf be sure to select ‘Fit to A4’. III PROFILE LINKS IN THIS PDF GUIDE TO BUTTONS HIGH Words and numbers that are underlined are COURT & FEDERAL Go to main contents page dynamic links – clicking on them will take you COURTS NEWS to further information within the document or to a web page (opens in a new window). Go to previous page SIDE TABS AAT NEWS Clicking on one of the tabs at the side of the Go to next page page takes you to the start of that section. NNTT NEWS CONTENTS Welcome from the Chair 2 Feature Article One: No Reliance FEATURE Necessary for Shareholder Class ARTICLE ONE Section News 3 Actions? 12 Section activities and initiatives Feature Article Two: Former employees’ Profile 5 entitlement to incapacity payments under the Safety, Rehabilitation and FEATURE Law Council of Australia / Federal Compensation Act 1988 (Cth) 14 ARTICLE TWO Court of Australia Case Management Handbook Feature Article Three: Contract-based claims under the Fair Work Act post High Court of Australia News 8 Barker 22 Practice Direction No 1 of 2015 FEATURE Case Notes: 28 ARTICLE THREE Judicial appointments and retirements Independent Commission against High Court Public Lecture 2015 Corruption v Margaret Cunneen & Ors [2015] HCA 14 CHAPTER Appointments Australian Communications and Media Selection of Judicial speeches -
Conseil De L'europe Council of Europe Cour Européenne Des Droits De L
CONSEIL COUNCIL DE L’EUROPE OF EUROPE COUR EUROPÉENNE DES DROITS DE L’HOMME EUROPEAN COURT OF HUMAN RIGHTS GRAND CHAMBER CASE OF O’HALLORAN AND FRANCIS v. THE UNITED KINGDOM (Applications nos. 15809/02 and 25624/02) JUDGMENT STRASBOURG 29 June 2007 2 O’HALLORAN AND FRANCIS v. THE UNITED KINGDOM JUDGMENT In the case of O’Halloran and Francis v. the United Kingdom, The European Court of Human Rights, sitting as a Grand Chamber composed of: Jean-Paul Costa, President, Luzius Wildhaber, Christos Rozakis, Nicolas Bratza, Boštjan M. Zupančič, Rıza Türmen, Volodymyr Butkevych, Josep Casadevall, Matti Pellonpää, Snejana Botoucharova, Stanislav Pavlovschi, Lech Garlicki, Javier Borrego Borrego, Alvina Gyulumyan, Ljiljana Mijović, Egbert Myjer, Ján Šikuta, judges, and Vincent Berger, Jurisconsult, Having deliberated in private on 27 September 2006 and on 23 May 2007, Delivers the following judgment, which was adopted on the last- mentioned date: PROCEDURE 1. The case originated in two applications (nos. 15809/02 and 25624/02) against the United Kingdom of Great Britain and Northern Ireland lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by two British nationals, Mr Gerard O’Halloran and Mr Idris Richard Francis (“the applicants”), on 3 April 2002 and 15 November 2001 respectively. 2. The applicants, one of whom had been granted legal aid, were represented by Mr J. Welch of Liberty, London. The United Kingdom Government (“the Government”) were represented by their Agent, Mr D. Walton of the Foreign and Commonwealth Office. 3. Mr O’Halloran alleged that he had been convicted solely or mainly on account of the statement he had been compelled to provide under threat of a penalty similar to the offence itself. -
Rolv Ryssdal* President, and the Former Vice-President, Hermann Mosler Council of Europe
section Some Notable People3 in the Court’s History CHAPTER 7 Presidents of the Court Lord (Arnold Duncan) McNair (1885–1975) British • Barrister, law professor and international judge • Judge (1946–52) and President of the International Court of Justice (1952–5) • President (1959–65) and thereafter judge at the Court (1965–6) Lord McNair served as the first President of the Court. He was educated at Aldenham School and Gonville and Caius College, Cambridge, where he read law. From 1907 to 1908 he was Secretary of the Cambridge University Liberal Club, and in 1909 he was President of the Cambridge Union. After practising as a solicitor in London, he returned to Cambridge in 1912 to become a fellow of his old college, later becoming senior tutor. In 1917 he was called to the Bar, Gray’s Inn. He had taken an interest in international law from an early age, and in 1935 he was appointed Whewell Professor of International Law at Cambridge. However, he left this chair in 1937 to become Vice-Chancellor of Above: Lord (Arnold Duncan) McNair. Liverpool University. He remained at Liverpool until 1945, Opposite: Poster with some of the when he returned to Cambridge to take up the position of Convention’s keywords (2009). Professor of Comparative Law. The following year he was 106 The Conscience of Europe: 50 Years of the European Court of Human Rights Chapter 7: Presidents of the Court elected a judge of the International Court of Justice in The rights. He wanted above all to place human rights at the heart 1974 that France ratified the Convention, only two years Hague, a post he held until 1955, and he was also President of the European construction project then just beginning. -
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. -
Restatement Redux
Vanderbilt Law Review Volume 48 Issue 6 Issue 6 - November 1995 Article 3 11-1995 Restatement Redux Anita Bernstein Follow this and additional works at: https://scholarship.law.vanderbilt.edu/vlr Part of the Torts Commons Recommended Citation Anita Bernstein, Restatement Redux, 48 Vanderbilt Law Review 1663 (1995) Available at: https://scholarship.law.vanderbilt.edu/vlr/vol48/iss6/3 This Book Review is brought to you for free and open access by Scholarship@Vanderbilt Law. It has been accepted for inclusion in Vanderbilt Law Review by an authorized editor of Scholarship@Vanderbilt Law. For more information, please contact [email protected]. BOOK REVIEW Restatement Redux PRODUCT LIABILITY. By Jane Stapleton.* Butterworths, 1994. Pp. xxvii, 384, index. $50.00 Reviewed by Anita Bernstein** I. INTRODUCTION ................................................................... 1664 II. THE VALUE OF COMMON-LAw RESTATEMENT: A RETROSPECTIVE .............................................................. 1666 A. The Restatement at Century's End ........................ 1667 1. The First Problem of Variation .................. 1669 2. The Second Problem of Variation .............. 1671 B. Some Benefits of Restatement ................................ 1675 III. CAN PRODUCTS LIABILITY BE RESTATED? A THREE- QUESTION FRAMEWORK ..................................................... 1677 A. What is the Problem? ............................................. 1678 B. To Whom is the Solution Addressed? ......... ........ ... 1683 C. Do Normative PrinciplesGuide -
Conversations with Professor Peter Frederic Cane by Lesley Dingle1 and Daniel Bates2
Conversations with Professor Peter Frederic Cane by Lesley Dingle1 and Daniel Bates2 10th July 2012 This is the fourth interview for the Eminent Scholars Archive with an incumbent of the Arthur Goodhart Visiting Professor of Legal Science. Peter Cane is professor at the John Fleming Centre for Advancement of Legal Research at the Australian National University, Canberra. He holds the Goodhart chair jointly with his wife Professor Jane Stapleton. Interviewer: Lesley Dingle, her questions and topics are in bold type Professor Cane’s answers are in normal type. Comments added by LD, in italics. All footnotes added by LD. 1. Professor Cane, normally at this juncture I would be interviewing the incumbent Goodhart Professor as a follow up to a first interview, and would concentrate on how the time during the tenure had transpired. In your case, we are faced with an interesting circumstance, because the first interview was with Professor Stapleton. So, here we are, at the end of the academic year but, instead of just a backward glance, I hope we can spend a good deal of the interview looking at your early career, as well as some reflections of your time here. You and Professor Stapleton constitute the fourth holder of the Professorship, but you are the fifth incumbent to be interviewed. So, briefly, could we look at your early career, how it developed, and then come to the Goodhart material and perhaps at the end, very broadly, some aspects of your personal research interests? You were born in Maitland in New South Wales in 1950. Correct. -
The Changing Position and Duties of Company Directors
CRITIQUE AND COMMENT THE CHANGING POSITION AND DUTIES OF COMPANY DIRECTORS T HE HON JUSTICE GEOFFREY NETTLE* In 1974, in the first edition of his Principles of Company Law, Professor Ford was able to say that directors’ duties were ‘not very demanding’. This lecture traces how the duties and standards of care demanded of company directors have increased since then. In doing so, it makes reference to the attenuated business judgment rule, comparing the positions in the United Kingdom and, briefly, South Africa. It then considers similarities and differences between the duties imposed on company directors, union officers and public officials. It suggests that, while the regulatory regimes that apply to company directors and union officers are strikingly different, there is little reason in principle why that should be so. For practical reasons, the same cannot be said of the differences between public officials and company directors or union officers. But it remains somewhat paradoxical that, although the actions of public officials may have far more broad- ranging effects on the nation’s wellbeing than the actions of any company director or union officer, public officials’ duties are much less onerous. CONTENTS I Introduction ............................................................................................................ 1403 II Directors’ Duties .................................................................................................... 1404 A The Development of Directors’ Duties in Equity ................................ -
Keynote Speakers Cvs
Keynote Speakers CVs H.E. Professor Dr. Dr. h.c. LL.M. Susanne Baer, Justice of the Federal Con- stitutional Court, Germany Professor Baer serves as Justice of the Federal Constitutional Court in Germany, elected by the Bundestag in 2011 to the First Senate, for a 12 years term. She is the Professor of Public Law and Gender Studies at Humboldt University Berlin and a James W. Cook Global Law Professor at the University of Michigan Law School, where she received an honorary doctorate in 2014, as she did from the University of Hasselt (2017) and from the University of Lucerne (2018). She is a Corresponding Fellow at the British Academy of Arts and Sciences, where she gave the Maccabean Lecture in 2019. She has taught at CEU Budapest, in Austria, Switzerland and Canada. Prof. Baer studied law and political science and was active in movements against dis- crimination, including pornography, sexual harassment and domestic violence; from 2003 until 2010, she directed the Gender Competence Centre to advise the German federal government on gender mainstreaming. At Humboldt University, she served as Vice-President for International and Student Affairs, as Director of Gender Studies and Vice Dean of the Faculty of Law, and she founded the Law and Society Institute Berlin and a Law Clinic in Human Rights. Publications in English include: Comparative Constitutionalism. 3rd edition, Thomson/West 2016 (with N Dorsen, M Rosenfeld, A Sajó, S Mancini); The Rule of—and not by any—Law. On Constitutionalism, Current Legal Problems 71 (2018) 335; The Difference a Justice May Make: Remarks at the Symposium for Justice Ruth Bader Ginsburg, Columbia J of Gender & Law 25 (2013), Equality, in: Rosenfeld/ Sajo, The Oxford Handbook of Comparative Constitu- tional Law, OUP 2012, 982; Dignity, Liberty, Equality: A Fundamental Rights Triangle of Con- stitutionalism, Toronto LJ 4 (2009) 417.