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Aboriginal Australians and the Common Law
Australian Academy of Law 2020 Patron’s Address The Honourable Margaret Beazley AC QC Governor of New South Wales Aboriginal Australians and the Common Law 22 October 2020 Queen’s Square – Microsoft Teams 1 Australian Academy of Law – 2020 Patron’s Address The Honourable Margaret Beazley AC QC* Governor of New South Wales ABORIGINAL AUSTRALIANS AND THE COMMON LAW** 1. Bujari gamarruwa. Mudgingal. Babana. Gamarada. Gadigal.1 I acknowledge the Gadigal people of the Eora Nation, on whose lands I am meeting with you this evening and acknowledge their elders past, present and emerging. 2. The title of this lecture, Aboriginal Australians and the Common Law is ambitious in its potential breadth and depth. My aim in this lecture is to provide an historical exposition of what has occurred in the common law to date. Indeed, as Governor of New South Wales, it is not appropriate to do more. It has certainly been challenging but at the same time, rewarding. 3. The rightful place of Aboriginal Australians in this country is a topic in which all Australians are, or are becoming, increasingly invested. 2 However, relationship without understanding and investment without knowledge has a hollow ring. Indeed 4 decades after the end of World War II, the President of the Federal Republic of Germany said: ‘Anyone who closes his eyes to the past is blind to the present. Whoever refuses to remember the inhumanity is prone to the risks of re-infection.’3 *The Honourable Margaret Beazley AC QC is 39th Governor of New South Wales, commencing her term on 2 May 2019. -
Mabo1 Has Been Acclaimed As a Triumph of Remembering.2 the Case
Macquarie Law Journal (2006) Vol 6 25 HOW MABO HELPS US FORGET ALEXANDER REILLY I INTRODUCTION Mabo1 has been acclaimed as a triumph of remembering.2 The case acknowledged a shift in Australian history in the 1970s and 1980s towards a greater recognition of the violence of British colonisation and the extent of Aboriginal dispossession from land. It recognised for the first time a legal basis for Indigenous claims to land based on traditional associations with ‘country’3, and it established a central role for history in the determination of native title rights. The case has led to a new level of engagement between academics from the disciplines of Law and History, and new interdisciplinary work on the relationship between law and history.4 Before Mabo, the most direct overlap between Law and History in Australia was through the work of legal history scholars, predominantly legal academics who use legal documents from the past to understand society and its law, and to provide a particular historical context for analysing current developments in the law. Although legal history is drawn upon occasionally by the courts to add to their Senior Lecturer in Law, Macquarie University. Earlier drafts of this article benefited from the generous comments of Lawrence McNamara, Katherine Biber, Andrew Buck, the anonymous referees of the Macquarie Law Journal, and the careful editorial work of the student editor, Shireen Daft. My sincere thanks to Ann Curthoys, Ann Genovese and Larissa Behrendt for the opportunity to collaborate with them on their Australian Research Council funded project on the role of history in Indigenous Rights litigation. -
Australian Commercial Law Dilan Thampapillai , Claudio Bozzi , Mark Giancaspro , George Yijun Tian Frontmatter More Information
Cambridge University Press 978-1-108-72849-2 — Australian Commercial Law Dilan Thampapillai , Claudio Bozzi , Mark Giancaspro , George Yijun Tian Frontmatter More Information AUSTRALIAN COMMERCIAL LAW Second edition The scope and reach of commercial law are quite wide, and it has utility in many other areas of law. Fully revised and updated, Australian Commercial Law offers a comprehensive and accessible introduction to key aspects of commercial law in Australia. Part 1 introduces the fundamentals of contract law and business struc- tures before examining the sale of goods, agency, bailment and personal property. Part 2 covers the Australian Consumer Law, focusing on areas important to commercial entities that interact with consumers, such as product liability, con- sumer guarantees and misleading and deceptive conduct. Part 3 examines inter- national commercial law, providing a detailed introduction to the World Trade Organization and to agreements central to trade between countries. The second edition includes: • detailed and thorough discussion of key concepts in commercial law • four new chapters on contract law basics, business structures, bankruptcy and international commercial law • thorough integration of digital and e-commerce transactions throughout the text • end-of-chapter discussion questions designed to test reader knowledge of key points and themes. Written in a clear and concise style by an expert author team, Australian Commercial Law remains an indispensable resource for students who are seeking a comprehensive understanding of commercial law. © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-1-108-72849-2 — Australian Commercial Law Dilan Thampapillai , Claudio Bozzi , Mark Giancaspro , George Yijun Tian Frontmatter More Information Dilan Thampapillai is a Senior Lecturer at the ANU College of Law at the Australian National University. -
Trevor Hart Banking in a New World: the Beginnings of ANZ Bank
Trevor Hart Banking in a new world: the beginnings of ANZ Bank Proceedings of the ICOMON meetings, held in conjunction with the ICOM Conference, Melbourne (Australia, 10-16 October, 1998), ed. by Peter Lane and John Sharples. Melbourne, Numismatic Association of Australia, Inc, 2000. 117 p. (NAA Special publication, 2). (English). pp. 39-46 Downloaded from: www.icomon.org BANKING IN A NEW WORLD THE BEGINNINGS OF ANZ BANK By Trevor Hart ANZ Bank, Melbourne, Australia For its first twenty-nine years proposed to the Government in Australia had no bank. The British England, the formation of "The New settlement of Australia began in South Wales Loan Bank" based on 1788, but Australia's first bank, the the bank at the Cape of Good Hope. Bank of New South Wales, did not In 1812 the government refused open until 1817. his proposal. Macquarie accepted this refusal but was still convinced of Australia was founded as a the need for a bank in the colony.4 In self-supporting penal colony and 1816 he acted again, this time monetary arrangements were ad hoc. "convening a meeting of the A local currency of small private magistrates, principal merchants and promissory notes grew up in gentlemen of Sydney ... at which my conjunction with the circulation of favourite measure of a bank was Government Store receipts. This led brought forward."5 Macquarie issued to a dual monetary standard in a 'charter' for seven years to the which 'currency' came to mean directors of the new bank (which "money of purely local was later disallowed by the British acceptability" and 'sterling' meant Government) and on 8 April 1817 "any form of money .. -
Big Business in Twentieth-Century Australia
CENTRE FOR ECONOMIC HISTORY THE AUSTRALIAN NATIONAL UNIVERSITY SOURCE PAPER SERIES BIG BUSINESS IN TWENTIETH-CENTURY AUSTRALIA DAVID MERRETT UNIVERSITY OF MELBOURNE SIMON VILLE UNIVERSITY OF WOLLONGONG SOURCE PAPER NO. 21 APRIL 2016 THE AUSTRALIAN NATIONAL UNIVERSITY ACTON ACT 0200 AUSTRALIA T 61 2 6125 3590 F 61 2 6125 5124 E [email protected] https://www.rse.anu.edu.au/research/centres-projects/centre-for-economic-history/ Big Business in Twentieth-Century Australia David Merrett and Simon Ville Business history has for the most part been dominated by the study of large firms. Household names, often with preserved archives, have had their company stories written by academics, journalists, and former senior employees. Broader national studies have analysed the role that big business has played in a country’s economic development. While sometimes this work has alleged oppressive anti-competitive behaviour, much has been written from a more positive perspective. Business historians, influenced by the pioneering work of Alfred Chandler, have implicated the ‘visible hand’ of large scale enterprise in national economic development particularly through their competitive strategies and modernised governance structures, which have facilitated innovation, the integration of national markets, and the growth of professional bureaucracies. While our understanding of the role of big business has been enriched by an aggregation of case studies, some writers have sought to study its impact through economy-wide lenses. This has typically involved constructing sets of the largest 100 or 200 companies at periodic benchmark years through the twentieth century, and then analysing their characteristics – such as their size, industrial location, growth strategies, and market share - and how they changed over time. -
And Post-Partum Variation in Wool Cortisol and Wool Micron in Australian Merino Ewe Sheep (Ovis Aries)
Pre- and post-partum variation in wool cortisol and wool micron in Australian Merino ewe sheep (Ovis aries) Gregory Sawyer1,2, Dylan Russell Fox1,3 and Edward Narayan1,3,4 1 School of Science, University of Western Sydney, Penrith, Australia 2 School of Life and Environmental Sciences, The University of Sydney, Sydney, Australia 3 School of Agriculture and Food Sciences, Faculty of Science, The University of Queensland, St Lucia, Aus- tralia 4 Queensland Alliance for Agriculture and Food Innovation, University of Queensland, St Lucia, Australia ABSTRACT An individual merino sheep's output of wool production is influenced by synergistic interactions of sheep genetics, climate, farm management, and nutrition available to the whole flock. The price paid to the producer for this wool commodity is determined via numerous tested parameters and /or subjective appraisal of the raw greasy wool. This research investigated the level of variation in wool cortisol (a physiological stress biomarker) and wool micron (MIC) in Merino ewes (Ovis aries), pre-partum and post-lambing (lactation/lambs at foot), using maiden ewe (n D 38) managed in an outdoor paddock in a commercial farm. The key findings of this study are; (1) wool quality indicators showed a significant variation between pre- and post- parturition including significant reduction in MIC and (2) there was a negative correlation between wool cortisol levels and wool micron pre-parturition (rs D −0:179, p < 0:05). This relationship between wool cortisol and wool micron was positive (rs DC0:29, p < 0:05) during post-parturition suggesting that ewes with lambs at foot ended up with finer wool (reduction in fibre diameter) but they also maintained high levels of wool cortisol. -
39 Complying with Workers Compensation.Indd
Complying with Workers Compensation 11 Oleander Avenue Shelly Beach QLD 4551 Information Sheet #39 August 2011 E [email protected] • W www.atfa.com.au Workers Compensation – your obligation It’s a requirement in all States and Territories of Australia that if you employ people, you must ensure them against workplace accidents/injuries. Contractors or sub-contractors may be deemed as employees for this purpose in some jurisdictions, as such you should contact your workers compensation authority to check the rules for your State/Territory. Similarly, some States/Territories have other conditions that go hand in hand with workers compensation therefore it is essential to check your requirements. Please note, ATFA does not have a Workers Compensation partner. The following outlines contacts in your State or Territory. Victoria Name of department/authority: WorkSafe Victoria Web address: www.worksafe.vic.gov.au Phone: 1800 136 089 In Victoria, the compulsory insurance is offered by the following companies on behalf of WorkSafe: Allianz Australia Workers’ Compensation (Victoria) Limited (03) 9234 3800 CGU Workers Compensation (Vic) Limited (03) 8630 1000 Gallagher Bassett Services Workers Compensation Vic Pty Ltd (03) 9297 9000 QBE Workers Compensation (VIC) Limited (03) 9246 2444 Xchanging (03) 9947 3000 New South Wales Name of department/authority: WorkCover Authority of NSW Web address: www.workcover.nsw.gov.au Phone: 13 10 50 In NSW, the compulsory insurance is offered by the following companies on behalf of WorkCover: Allianz Australia -
View Annual Report
be heard 2003 Concise Report BANKING INSURANCE INVESTMENT Suncorp-Metway Ltd ABN 66 010 831 722 Contents Year in Review IFC CONCISE REPORT Vision 1 30 June 2003 Financial Highlights 2 The Concise Report incorporating the financial Chairman’s Letter to Shareholders 4 statements and specific disclosures required by Managing Director’s Letter to Shareholders 8 Accounting Standard AASB 1039 ‘Concise Financial Group Overview 14 Reports’ has been derived from the consolidated Banking 14 entity’s consolidated financial statements for the General Insurance 18 financial year. Other information included in the Wealth Management 20 Concise Report is consistent with the consolidated Our Community 24 entity’s Annual Report. Group Executive 26 The Concise Report does not, and cannot be Board of Directors 27 expected to, provide as full an understanding of Corporate Governance 28 the financial performance, financial position and Directors’ report 34 financing and investing activities of the Summary of key financial information 38 consolidated entity as does the consolidated Statement of financial performance 39 financial report. Statement of financial position 42 Statement of cash flows 44 A copy of the 2003 Annual Report, which includes Notes to the financial statements 46 the consolidated financial statements and the Directors’ declaration 59 independent audit report, is available to all Independent audit report 60 shareholders, and will be sent to shareholders on Ratio definitions 61 request without charge. Shareholder information 62 The 2003 Annual Report can be requested by Key dates 68 telephoning (07) 3835 5797 and by the internet at Contact details IBC www.suncorp.com.au Suncorp 2003 Concise Report Year in Review ‘be heard’ GIO is our main insurance brand outside The brand promise for our newly launched Queensland and all our branches now provide marketing and branding campaign. -
Seeing Visions and Dreaming Dreams Judicial Conference of Australia
Seeing Visions and Dreaming Dreams Judicial Conference of Australia Colloquium Chief Justice Robert French AC 7 October 2016, Canberra Thank you for inviting me to deliver the opening address at this Colloquium. It is the first and last time I will do so as Chief Justice. The soft pink tones of the constitutional sunset are deepening and the dusk of impending judicial irrelevance is advancing upon me. In a few weeks' time, on 25 November, it will have been thirty years to the day since I was commissioned as a Judge of the Federal Court of Australia. The great Australian legal figures who sat on the Bench at my official welcome on 10 December 1986 have all gone from our midst — Sir Ronald Wilson, John Toohey, Sir Nigel Bowen and Sir Francis Burt. Two of my articled clerks from the 1970s are now on the Supreme Court of Western Australia. One of them has recently been appointed President of the Court of Appeal. They say you know you are getting old when policemen start looking young — a fortiori when the President of a Court of Appeal looks to you as though he has just emerged from Law School. The same trick of perspective leads me to see the Judicial Conference of Australia ('JCA') as a relatively recent innovation. Six years into my judicial career, in 1992, I attended a Supreme and Federal Courts Judges' Conference at which Justices Richard McGarvie and Ian Sheppard were talking about the establishment of a body to represent the common interests and concerns of judges, to defend the judiciary as an institution and, where appropriate, to defend individual judges who were the target of unfair and unwarranted criticisms. -
John Latham in Owen Dixon's Eyes
Chapter Six John Latham in Owen Dixon’s Eyes Professor Philip Ayres Sir John Latham’s achievements are substantial in a number of fields, and it is surprising that, despite the accessibility of the Latham Papers at the National Library, no-one has written a biography, though Stuart Macintyre, who did the Australian Dictionary of Biography entry, has told me that he had it in mind at one stage. Latham was born in 1877, nine years before Owen Dixon. As a student at the University of Melbourne, Latham held exhibitions and scholarships in logic, philosophy and law, and won the Supreme Court Judges’ Prize, being called to the Bar in 1904. He also found time to captain the Victorian lacrosse team. From 1917 he was head of Naval Intelligence (lieutenant-commander), and was on the Australian staff at the Versailles Peace Conference. Latham’s personality was rather aloof and cold. Philosophically he was a rationalist. From 1922-34 he was MHR for the Victorian seat of Kooyong (later held by R G Menzies and Andrew Peacock), and federal Attorney-General from 1925-29 in the Nationalist government, and again in 1931–34 in the Lyons United Australia Party government. In addition he was Deputy Prime Minister and Minister for External Affairs from 1931-34. He resigned his seat and was subsequently appointed Chief Justice of the High Court (1935-52), taking leave in 1940-41 to go off to Tokyo as Australia’s first Minister to Japan. Latham was a connoisseur of Japanese culture. He fostered a Japan-Australia friendship society in the 1930s, and in 1934 he led an Australian diplomatic mission to Japan, arranging at that time for the visit to Australia of the Japanese training flotilla. -
Un Day Lecture – 2019
UN DAY LECTURE – 2019 25 YEARS OF CROSS BORDER INSOLVENCY LAW REFORM 1994–2019 Since 1994, UNCITRAL has been developing model laws on Cross Border Insolvency (CBI), which have been adopted in Australia and most leading economies. These laws support globalisation of world trade by providing for cooperation in international insolvencies, through a process of mutual recognition by courts of foreign insolvency regimes and representatives. This year’s UN Day Lecture series will outline how the CBI framework operates, and examine the contribution made by Australian courts and practitioners to many of the developments in this field over the past quarter-century. The UN Day Lecture series is an annual initiative of the UNCITRAL National Coordination Committee for Australia (UNCCA) to highlight the work of UNCITRAL for practitioners and students. A Lecture will be held in each Australian capital city, with a local speaking panel. Light refreshments will be available afterwards, sponsored by the Australian Restructuring Insolvency and Turnaround Association (ARITA). Your city’s details are set out below. Registration is required, with a fee for non-members of $25 and students of $5. There is no charge for members of UNCCA, ARITA, the Judiciary, court staff or the APS. Application will be made, where required, for CPD accreditation. PROGRAMME Wednesday 23rd October 2019: 5.00pm – 6.15 pm BRISBANE Venue: Federal Court of Australia, Court 1 Chair: Justice Roger Derrington Speaker: Adjunct Professor Rosalind Mason Queensland University of Technology Commentator: Scott Butler, McCullough Robertson HOBART Venue: Federal Court of Australia, Court 1 Chair: Justice Duncan Kerr Speaker: Tim D. -
Law Council of Australia 75Th Anniversary Dinner Speech
Cause for Celebration Law Council of Australia 75th Anniversary Dinner Chief Justice Robert French 19 September 2008 The Law Council of Australia was established by the First Conference of the Legal Societies of Australia which was held in Sydney on 18, 19 and 20 April 1933 and was convened at the instigation of the Law Society of South Australia. Sir John Latham who was then Commonwealth Attorney-General acted as President of the Conference. It adopted a draft Constitution for a Law Council of Australia. In the "Current Topics" section of the Australian Law Journal of 15 May 1933 some of the purposes behind the project were set out. They disclosed a largeness of vision that has informed the work of the Law Council since that time. The editorial writer said: In addition to the general advantages of co-operation, there are many specific spheres, such as law reform, statute law uniformity, the study of comparative legislation, legal education, reciprocal provision, for the admission of practitioners, the consideration of Federal legislation in the manner in which some of the State bodies now consider State legislation, and the like, in which such co- operation will be of benefit both to the public and the profession.1 In opening the Conference, Sir John Latham pointed to some of the matters upon which the proposed Law Council might be of assistance to the public. He covered many topics including one which, in the event, took quite a long time to sort out. He said: I would like to see a little bit more professional examination of the Constitution.