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												  Winterwinter June10june10 OL.Inddol.Indd 1 33/6/10/6/10 111:46:191:46:19 AMAM | Contents |BBarNewsarNews WinterWinter JJune10une10 OL.inddOL.indd 1 33/6/10/6/10 111:46:191:46:19 AMAM | Contents | 2 Editor’s note 4 President’s column 6 Letters to the editor 8 Bar Practice Course 01/10 9 Opinion A review of the Senior Counsel Protocol Ego and ethics Increase the retirement age for federal judges 102 Addresses 132 Obituaries 22 Recent developments The 2010 Sir Maurice Byers Address Glenn Whitehead 42 Features Internationalisation of domestic law Bernard Sharpe Judicial biography: one plant but Frank McAlary QC several varieties 115 Muse The Hon Jeff Shaw QC Rake Sir George Rich Stephen Stewart Chris Egan A really rotten judge: Justice James 117 Personalia Clark McReynolds Roger Quinn Chief Justice Patrick Keane The Hon Bill Fisher AO QC 74 Legal history Commodore Slattery 147 Bullfry A creature of momentary panic 120 Bench & Bar Dinner 2010 150 Book reviews 85 Practice 122 Appointments Preparing and arguing an appeal The Hon Justice Pembroke 158 Crossword by Rapunzel The Hon Justice Ball The Federal Magistrates Court 159 Bar sports turns 10 The Hon Justice Nicholas The Lady Bradman Cup The Hon Justice Yates Life on the bench in Papua New The Great Bar Boat Race Guinea The Hon Justice Katzmann The Hon Justice Craig barTHE JOURNAL OF THE NSWnews BAR ASSOCIATION | WINTER 2010 Bar News Editorial Committee ISSN 0817-0002 Andrew Bell SC (editor) Views expressed by contributors to (c) 2010 New South Wales Bar Association Keith Chapple SC This work is copyright. Apart from any use as permitted Bar News are not necessarily those of under the Copyright Act 1968, and subsequent Mark Speakman SC the New South Wales Bar Association.
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												  Victoria Iieg I XmANNO QUINQUAGESIMO NONO VICTORIA IIEG I XM. An Act to vest in the trustees of the Nepean Cottage Hospital certain lands of the Penrith District Hospital, and to enable the said trustees to deal with the said hinds for the purposes of the said Nepean Cottage Hospital. [5th July, 1895.] HEREAS a public hospital was established, at Penrith, in the W Colony of New South Wales, called the Penrith District Hospital, and Robert Copland Lethbridge, George Cox, and James Riley were appointed under the provisions of the Act eleventh Victoria number fifty-nine trustees of the said hospital, and the lands in the Schedule hereunto annexed were by indenture of the twentieth day of November, one thousand eight hundred and fifty-six, between Philip Gidley King of the one part, and the said trustees of the other part, conveyed by the said Philip Gidley King to the said trustees and their successors to be duly appointed under the provisions of the said Act: And whereas the said hospital has fallen wholly into disuse and the said trustees have died and no successors have been appointed to them : And whereas another public hospital has been established and is now in existence at Penrith aforesaid, called the Nepean Cottage Hospital, and Thomas John Puller Cadden, George Brian Besley, George Brown, and John King Lethbridge are the trustees of the same, duly appointed under the provisions of the said Act eleventh Victoria number fifty- nine : And whereas it is expedient to utilise the said land of the Penrith District Hospital for the purposes of the said Nepean Cottage Hospital: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:— 1.
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												  Some Aspects of Defence in the Eighteen Fifties in New South WalesSOME ASPECTS OF DEFENCE IN THE EIGHTEEN FIFTIES IN NEW SOUTH WALES By DUNCAN MACCALLUM THIS paper is confined to some of the political aspects of Colonial and Imperial defence, and does not discuss technical strategy; nor are even the political aspects of naval defence discussed. The paper suggests that the activity of Sir William Denison in New South Wales, coming after the attempts by Earl Grey to reduce Imperial military expenditure, and the activity of John Robert Godley in the War Office, and of his friends, were important factors in the ending of the British garrison system in colonies which had achieved some measure of responsible government. The views of all three men took account of the growth of the Australian colonies, and those of Grey and Godley were part of separate strands of thought which formed a pattern of opinion in favour of reducing British military expenditure. Trends and events elsewhere in the Empire were observed and influenced opinion. In fact, New South Wales and Victoria were less obviously open to criticisms of their military contribution than were the more complicated societies of South Africa and New Zealand. The eighteen fifties and eighteen sixties in the Australasian group generally saw the occasional war scares, such as the Crimean War, the fear of the French, and the American scares of 1859 and 1861, the Polish scare of 1864. The colonies, aware of their growing pastoral wealth and gold, developed some transitory interest in building fortification and in having available some military forces with which to man them. More significantly the period also saw the culmination of the attempts to relieve British military pressure and to lessen the dispersion of garrisons abroad.
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												  Responding to the ChallengeResponding Annual Report 2019/20 to the challenge Contents 01 About Us 02 Message from the Chairman 03 The Year in Review 04 202 John Monash Scholars 05 2020 Selection Analysis 06 2020 Scholarship Selection Process 07 2020 John Monash Scholars 12 Where Are They Now? 16 Impact 19 Publications and Awards 20 Events and Activities 23 John Monash Scholars’ Global Symposium 24 Governance 26 Foundation Members 27 Foundation Volunteers 28 Financial Highlights 30 Thank You 32 Partners and Supporters About Us Our mission is to invest in outstanding disciplines, possess a distinct General Sir John Australians from all fields of endeavour capacity for leadership Monash: the and are making significant who demonstrate remarkable qualities of contributions to Australia’s guiding spirit of leadership and have the ability to deliver future as scientists, academics, the Foundation outcomes and inspire others for the artists, business leaders, General Sir John Monash benefit of Australia. entrepreneurs, lawyers and was born in 1865 to Jewish policy experts. The General Sir John John Monash Scholars migrant parents from Prussia. Monash Foundation was General Sir John Monash said, He was educated at Scotch The General Sir John Monash established in 2001 with an ‘The privilege of education College in Melbourne and at Foundation supports initial contribution from the carries great responsibilities the University of Melbourne, exceptional scholars capable where he gained degrees in Australian Federal Government – it is given not for individual of identifying and tackling the Engineering, Law and Arts. together with further benefit alone, but to befit challenges of our time. We seek As a citizen soldier, he led contributions from corporate persons for the higher duties women and men of vision, the Australian Army Corps in supporters and private donors.
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												  The Remembrance Driveway and VC Rest Areas Oral History CD CoverRTA Oral History Program RTA CD1 History of Remembrance Driveway CD3 VC Rest Areas – Canberra to Sydney 1 Introduction / Australia Avenue / 1 Simpson VC (3:04) Margaret Davis / Blue Star Highways (6:28) 2 Starcevich VC (2:01) 2 First Remembrance Driveway 3 Middleton VC (2:46) Committee / Royal Visit (5:59) 4 Anderson VC (2:56) 3 First plantings / Garden Clubs 5 Gurney VC (2:10)\ of Australia involvement (4:20) 6 Kenna VC (1:55) 4 Public participation / 7 Gratwick VC (1:33) Southern Highlands plantations (4:46) 8 French VC (1:39) 5 Sir Cecil Hoskins / Bank of NSW 9 Chowne VC (2:03) Oral History Program sponsorship (5:16) 10 Gordon VC (1:45) 6 Garden Clubs / RTA sponsorship / 11 Sir Roden Cutler VC (7:50) The Remembrance Driveway and VC Rest Areas maintenance challenges (3:51) Photographs of VC recipients supplied by 7 Changes in the route / the Australian War Memorial, Canberra. bypassed groves (3:54) Australian War Memorial negative numbers: 8 VC Rest Areas (5:14) Charles Groves Wright Anderson VC 100636 9 Remembrance Park, ACT / Peter John Badcoe VC P00942.002 VC winners’ dedications (5:47) Albert Chowne VC 134484 10 Remembering Partridge VC dedication / Sir Arthur Roden Cutler VC 134905 Thomas Currie Derrick VC 141308A the Victoria Cross (3:39) John Hurst Edmondson VC 010576 11 Maintenance problems / loss of trees / Hughie Idwal Edwards VC 042687A changing emphasis (5:41) John Alexander French VC 100643A James Heather Gordon VC 100637 12 Public recognition / signs / Areas VC Rest The Remembrance and Driveway Percival Eric Gratwick VC
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												  The Impact of the American Doctrine of Discovery on Native Land Rights in Australia, Canada, and New ZealandUniversity of Dayton eCommons School of Law Faculty Publications School of Law 2011 The mpI act of the American Doctrine of Discovery on Native Land Rights in Australia, Canada, and New Zealand Blake Watson University of Dayton, [email protected] Follow this and additional works at: https://ecommons.udayton.edu/law_fac_pub Part of the Indian and Aboriginal Law Commons eCommons Citation Watson, Blake, "The mpI act of the American Doctrine of Discovery on Native Land Rights in Australia, Canada, and New Zealand" (2011). School of Law Faculty Publications. 73. https://ecommons.udayton.edu/law_fac_pub/73 This Article is brought to you for free and open access by the School of Law at eCommons. It has been accepted for inclusion in School of Law Faculty Publications by an authorized administrator of eCommons. For more information, please contact [email protected], [email protected]. The Impact of the American Doctrine of Discovery on Native Land Rights in Australia, Canada, and New Zealand Blake A. Watson† The landmark decision in the United States regarding Indian land rights is Johnson v. McIntosh, an 1823 decision authored by Chief Jus- tice John Marshall. The Supreme Court in Johnson unequivocally re- jected the most favorable view of indigenous land rights—that the native inhabitants own the land they occupy and are free to retain or sell their property.1 Yet the Court did not adopt the least favorable view of Indian land rights either—that the tribes of America are trespassers without ownership or possessory rights. Instead, Marshall endorsed an interme- diate position. On one hand, he declared the Indian nations “to be the rightful occupants of the soil, with a legal as well as just claim to retain possession of it, and to use it according to their own discretion .
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												  Musters of NSW & Norfolk Island 1805-1806BDA Source Description Pages http://www.bda-online.org.au Musters of New South Wales and Norfolk Island 1805-1806 Edited by Carol J Baxter, Pub. by Australian Biographical and Genealogical Record, Sydney 1989. The following has been copied from the published volume, and whilst some of it is not relevant in terms of viewing the Database, it does give the reader a complete view of the data collected, the original records from which it came and other useful and interesting information. Some Appendix tables have not been reproduced here but can be viewed in a copy of the volume in major libraries. Contents Preface to the Published Volume Historical Background - General Musters - Land and Stock Musters - Marsden’s Female Muster 1806 - Norfolk Island Muster Method of Collection - General Muster and Land & Stock Muster 1806 - Marsden’s Female Muster 1806 - Norfolk Island Muster 1805 Statistics - Norfolk Island Muster 1805 - NSW General Muster 1806 - Land & Stock Muster 1806 - Marsden’s Female Muster 1806 Inconsistencies and Difficulties Research Value Unusual and Interesting Entries Explanatory Note - Editing parameters - Method of checking Abbreviations page 1 http://www.bda-online.org.au/files/MC1805_Muster.pdf BDA Source Description Pages http://www.bda-online.org.au Bibliography General Muster of NSW 1806 Land and Stock Muster NSW 1806 Marsden’s Female Muster 1806 Norfolk Island Muster 1805 Occupations - NSW 1806 - Norfolk Island 1805 One of Five Women by Bob Pauling Colonial Born Preface to the published volume The year 1806 saw the end of an era in New South Wales, with the departure of the third governor, Philip Gidley King, who had governed the colony of New South Wales from 1800 to 1806.
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												  Media ReleaseMEDIA RELEASE FOUNDATION DAY AND INTERESTING ITEMS FROM THE COLLECTION This week we celebrated the 231st anniversary of the landing of Lt Philip Gidley King and his party of 22 brave souls (seven freemen and 15 convicts) on Norfolk Island, establishing the first British settlement on the island in March 1788. Notwithstanding that Norfolk Island had been previously settled by Polynesians several centuries prior, Captain James Cook discovered Norfolk Island for the British in 1774. He was entranced by both the beauty of the island and the pine and flax, which showed promise for a lucrative industry for ship building. His reports to the British High Command provided solutions to the many social and economic problems faced by Britain at the time, which included overcrowding of jails; the inability to send convicts to America after the end of the War of Independence; and trade blocks on ship-building materials, such as masts, sails and ropes, which had been put in place by Russia. The British government was also aware of the strong French presence in the South Pacific, which was of great concern, and required a strong naval presence to support British interests in the region. A fleet of 11 ships left Portsmouth, England on 13 May 1787 with the mission to establish colonies in New Holland (now Australia) and Norfolk Island. They carried convicts, marines, seamen, civil officers and free settlers, and took just over eight months to complete their journey, arriving at Port Jackson on 26 January 1788. Philip Gidley King had been selected by Captain Arthur Phillip, Commander of the First Fleet, as his second-in-command for the voyage, and upon landing in Port Jackson was nominated ‘as an officer of merit … whose perseverance may be depended upon’ to establish a subordinate settlement on Norfolk Island.
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												  An Interrogation of the Angus & Robertson ArchivesThe Commercial Function of Historical Book Reviews: An Interrogation of the Angus & Robertson Archives Rebekah Ward hroughout the eighteenth, nineteenth and twentieth centuries, the public was reliant on the newspaper and periodical press for entertain- T ment, news and information. Even before mass literacy, newspapers were being read aloud by the literate members of a community. By the mid- nineteenth century high literacy rates, reduced regulations, and the emergence of new print, communication and transportation technologies resulted in the mass circulation of print media and a commercialisation of the press (Raven; Steinberg). More newspapers and periodicals were being produced, and they were being read by larger and more diverse audiences than ever before. The press had become an indispensable part of daily life, described by S. H. Stein- berg as ‘an instrument of mass-information and mass-education’ (161) and by Alan Lee as ‘the most important single medium of the communication of ideas’ (18). In Australia, the first colonial newspaper, the Sydney Gazette and New South Wales Advertiser, was established in 1803 by convict and printer George Howe. The paper was authorised by Governor Philip Gidley King and was produced on a printing press that had arrived with the First Fleet, so was subject to sig- nificant government oversight (Blair 10). The Gazette contained official reports on the front page, shipping information, general news and other miscellaneous content. From the 1820s the Australian press rapidly diversified. As in other countries, the expansion of the metropolitan press and establishment of the country press was aided by communication and transportation advancements, namely railway networks and telegraph.
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												  Historians, TasmaniaQUEEN VICTORIA MUSEUM AND ART GALLERY CHS 72 THE VON STIEGLITZ COLLECTION Historians, Tasmania INTRODUCTION THE RECORDS 1.von Stieglitz Family Papers 2.Correspondence 3.Financial Records 4.Typescripts 5.Miscellaneous Records 6.Newspaper Cuttings 7.Historical Documents 8.Historical Files 9.Miscellaneous Items 10.Ephemera 11.Photographs OTHER SOURCES INTRODUCTION Karl Rawdon von Stieglitz was born on 19 August 1893 at Evandale, the son of John Charles and Lillian Brooke Vere (nee Stead) von Stieglitz. The first members of his family to come to Van Diemen’s Land were Frederick Lewis von Stieglitz and two of his brothers who arrived in 1829. Henry Lewis, another brother, and the father of John Charles and grandfather of Karl, arrived the following year. John Charles von Stieglitz, after qualifying as a surveyor in Tasmania, moved to Northern Queensland in 1868, where he worked as a surveyor with the Queensland Government, later acquiring properties near Townsville. In 1883, at Townsville he married Mary Mackenzie, who died in 1883. Later he went to England where he married Lillian Stead in London in 1886. On his return to Tasmania he purchased “Andora”, Evandale: the impressive house on the property was built for him in 1888. He was the MHA for Evandale from 1891 to 1903. Karl von Stieglitz visited England with his father during 1913-1914. After his father’s death in 1916, he took possession of “Andora”. He enlisted in the First World War in 1916, but after nearly a year in the AIF (AMC branch) was unable to proceed overseas due to rheumatic fever.
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												  City of St. John's Archives the Following Is a List of St. John'sCity of St. John’s Archives The following is a list of St. John's streets, areas, monuments and plaques. This list is not complete, there are several streets for which we do not have a record of nomenclature. If you have information that you think would be a valuable addition to this list please send us an email at [email protected] 18th (Eighteenth) Street Located between Topsail Road and Cornwall Avenue. Classification: Street A Abbott Avenue Located east off Thorburn Road. Classification: Street Abbott's Road Located off Thorburn Road. Classification: Street Aberdeen Avenue Named by Council: May 28, 1986 Named at the request of the St. John's Airport Industrial Park developer due to their desire to have "oil related" streets named in the park. Located in the Cabot Industrial Park, off Stavanger Drive. Classification: Street Abraham Street Named by Council: August 14, 1957 Bishop Selwyn Abraham (1897-1955). Born in Lichfield, England. Appointed Co-adjutor Bishop of Newfoundland in 1937; appointed Anglican Bishop of Newfoundland 1944 Located off 1st Avenue to Roche Street. Classification: Street Adams Avenue Named by Council: April 14, 1955 The Adams family who were longtime residents in this area. Former W.G. Adams, a Judge of the Supreme Court, is a member of this family. Located between Freshwater Road and Pennywell Road. Classification: Street Adams Plantation A name once used to identify an area of New Gower Street within the vicinity of City Hall. Classification: Street Adelaide Street Located between Water Street to New Gower Street. Classification: Street Adventure Avenue Named by Council: February 22, 2010 The S.
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												  Australian Silhouettesfrom the Collection of the Sydney Living Museums Australian Silhouettes Complied by Lauren Muney, “Silhouettes By Hand” For use at the Lost Trades Fair Kyneton, VIC D'Arcy Wentworth Silhouette of D'Arcy Wentworth (1762-1827) / artist unknown Date: [c1815] 1 framed silhouette painted on glass : bronzed ; 8 x 5.5 cm Handwritten on back: 'Believed to be / Darcy Wentworth / sometime prior to / 1827'. D'Arcy Wentworth (1762-1827), was born near Portadown, Ireland, the sixth of the eight children of D'Arcy Wentworth and his wife, Martha Dickson. He served as an ensign in the First Armagh Company of the Irish Volunteers while also serving an apprenticeship for the medical profession. Later, while living in London, he found himself in financial difficulties and at the Old Bailey sessions beginning on 12 December 1787 he was thrice charged with highway robbery: twice he was found not guilty and in the third acquitted for lack of evidence. At the conclusion of the case the prosecutor informed the judge: 'My Lord, Mr. Wentworth, the prisoner at the Bar, has taken a passage to go in a fleet to Botany Bay and has obtained an appointment in it as Assistant Surgeon and desires to be discharged immediately'. Wentworth arrived at Port Jackson in the transport Neptune on 28 June 1790. On 1 August he sailed in the Surprize for Norfolk Island where he began his Australian career as an assistant in the hospital. He was appointed superintendent of convicts at Norfolk Island from 10 September 1791, returning to Sydney in February 1796 where he was appointed one of the assistant surgeons of the colony and later principal surgeon of the Civil Medical Department.