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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. -
A Creature of a Momentary Panic
| LEGAL HISTORY | A creature of a momentary panic Tony Cunneen discusses the passage of the Judges’ Retirement Act in NSW, 1917-181 Introduction Joseph Browne, a member of the New South Wales Legislative Former chief justice, the Honourable Sir Gerard Brennan AC, Council, was counsel for the plaintiff. He objected to the KBE, in his address to The Francis Forbes Society for Australian attack and said ‘it was very painful to listen to such insulting Legal History, said that ‘an appreciation of the law (is not) remarks’, although this was not the line he took when the bill likely to be accurate without an understanding of the cultural was discussed in parliament. The exchanges between Conroy and institutional forces which brought it into existence.’2 A and Mr Justice Simpson continued with Conroy becoming close examination of the passage of the Judges’ Retirement Act increasingly agitated and eventually the Sydney Morning Herald 1918 through the New South Wales Parliament in 1917 and reported that he ‘made a remark’ which caused 1918 provides a fascinating example of just how such forces ‘considerable excitement . throughout the court. The tipstaff have operated in the past. The bill graphically represents the approached Mr Conroy and shouted “Silence!” Mr Conroy’s interplay of political, personal and social issues on legislation, excited condition indicated a possibility of something more which, in this case, profoundly affected the careers of those forcible than his language. The constable attached to the court in the legal profession. The passing of the bill went against came into the room.’ English precedent and made more places available on the The judge and his associate left the court and as they did so bench for lawyers who were Australian born and trained. -
Part 6 Combined.Pdf
MINISTRIES Showing the different Ministries since the establishment of Responsible Government; also Date of Appointment to and Retirement from Office. Name Office From To Remarks DONALDSON MINISTRY—No. 1. (6 June, 1856, to 25 August, 1856.) Stuart A. Donaldson1 .................... Colonial Secretary ...................... 6 June, 1856 25 Aug., 1856 Also referred to as Prime Minister. Thomas Holt ............................... Colonial Treasurer ..................... 6 June, 1856 25 Aug., 1856 William M. Manning1 .................. Attorney-General ....................... 6 June, 1856 25 Aug., 1856 John Bayley Darvall1 ................... Solicitor-General ........................ 6 June, 1856 25 Aug., 1856 George R. Nicholls ...................... Auditor-General ......................... 6 June, 1856 25 Aug., 1856 Also Secretary for Lands and Works during same period. William C. Mayne ....................... ................................................... 6 Aug., 1856 25 Aug., 1856 Representative of Government in Legislative Council. COWPER MINISTRY—No. 2. (26 August, 1856, to 2 October, 1856.) Charles Cowper ........................... Colonial Secretary ...................... 26 Aug., 1856 2 Oct., 1856 Also referred to as Prime Minister. Robert Campbell ......................... Colonial Treasurer ..................... 26 Aug., 1856 2 Oct., 1856 Terence A. Murray ....................... Secretary for Lands and Works .. 26 Aug., 1856 2 Oct., 1856 Also Auditor-General from 26 August to 17 September, 1856. James Martin .............................. -
One of the 'Laws Women Need'1
| LEGAL HISTORY | One of the ‘Laws Women Need’1 Tony Cunneen discusses the passage of the The Women’s Legal Status Act of 1918. Introduction The Women’s Legal Status Act of 1918 was one of the most significant pieces of legislation affecting the New South Wales legal profession in the twentieth century. This Act gave women the legal right to become lawyers. In addition it gave women the right to be elected to the New South Wales Legislative Assembly. There was protracted lobbying for these rights by a number of women. The bill was eventually presented to parliament by the state attorney general and Sydney barrister, David Robert Hall. The main reason for that exclusively male enclave finally passing the Act after so much delay was that both houses believed that women had proved themselves both worthy and deserving of the right to become lawyers and parliamentarians by their energetic public activities during the First World War. The Act was one of the positive outcomes of an otherwise tragic conflict. Hockey sticks and abuse at Sydney University Ada Evans. Photo: Sydney University Archives The federation of Australia had not completely solved of the pioneer’5, but she was reportedly so embittered the problem of the limited legal status of women. and alienated by the experience of battling to be Speaking in Maitland on 17 January 1901 Australia’s first admitted to practice after she graduated in 1902 that prime minister, Edmund Barton expressed his approval she did not act as a barrister even when she finally of universal suffrage but drew the line at admitting had the right to do so.6 Sydney University was not in ‘that the granting of suffrage should entitle women to general a comfortable place for women who wanted to occupy seats in parliament if elected’.2 His comment espouse feminist causes before the First World War – in indicates the kind of grudging recognition of women’s fact it could be decidedly intimidating whether or not rights, which persisted in the federation period. -
The Women's Legal Status Act of 1918. Tony Cunneen BA MA Dip Ed
One of the ‘Laws Women Need’1 - The Women’s Legal Status Act of 1918. Tony Cunneen BA MA Dip Ed [email protected] Introduction The Women’s Legal Status Act of 1918 was one of the most significant pieces of legislation affecting the New South Wales legal profession in the Twentieth Century. This Act gave women the legal right to become lawyers. In addition it gave women the right to be elected to the New South Wales Legislative Assembly. There was protracted lobbying for these rights by a number of women. The bill was eventually presented to parliament by the State Attorney-General and Sydney barrister, David Robert Hall. The main reason for that exclusively male enclave finally passing the Act after so much delay was that both Houses believed that women had proved themselves both worthy and deserving of the right to become lawyers and parliamentarians by their energetic public activities during the First World War. The Act was one of the positive outcomes of an otherwise tragic conflict. Hockey Sticks and Abuse at Sydney University The Federation of Australia had not completely solved the problem of the limited legal status of women. Speaking in Maitland on 17 January 1901 Australia’s first Prime Minister, Edmund Barton expressed his approval of universal suffrage but drew the line at admitting ‘that the granting of suffrage should entitle women to occupy seats in parliament if elected’.2 His comment indicates the kind of grudging recognition of women’s rights, which persisted in the Federation period. Women were not only barred from parliamentary office, they were also excluded from the legal profession. -
University of New South Wales
UNIVERSITY OF NEW SOUTH WALES WILLIAM HERBERT IFOULD AND THE DEVELOPMENT OF LIBRARY SERVICES IN NEW SOUTH WALES, 1912-1942 A DISSERTATION SUBMITTED TO THE SCHOOL OF INFORMATION, LIBRARY AND ARCHIVE STUDIES IN CANDIDACY FOR THE DEGREE OF DOCTOR OF PHILOSOPHY BY DAVID JOHN JONES SYDNEY, NEW SOUTH WALES 1993 i CANDIDATE'S STATEMENT I hereby declare that this submission is my own work and that, to the best of my knowledge and belief, it contains no material previously published or written by another person nor material which to a substantial extent has been accepted for the award of any other degree or diploma of a university or other institute of higher learning, except where due acknowledgement is made in the text. David John Jones. ii ACKNOWLEDGEMENTS Many individuals have assisted or inspired me during the course of my research: their support and interest has been as encouraging as it has been sustained. Those who provided information or leads are recorded in the list of Sources Consulted. I acknowledge their friendly cooperation and willingness to respond to my letters, telephone calls and appeals in professional journals. It is with regret that I note the passing of four of their number: May Dobbie, Dr. Arthur Fleischmann, Axel Lodewycks and Sir Harold White. I have received special assistance and encouragement from Jean Arnot, Dr. Russell Cope, Professor Norman Horrocks, Mary Ifould and other members of the Ifould family, Professor John Levett, the Hon. Thomas McKay, Dr. Jack Nelson, Dr. Neil Radford, Wilma Radford, Dr. Michael Talbot, Emeritus Professor Jean Whyte, and from three of Ifould's successors: Gordon Richardson, Russell Doust and Alison Crook. -
Law at War 1917
Battles Overseas and At Home: The New South Wales Legal Profession in 1917. On 27 June 1916 Mr Justice Ferguson was interrupted while presiding in court by the New South Wales Commandant Lieutenant Colonel Gustave Ramaciotti who had previously been the managing clerk of the conveyancing department of the Sydney solicitors, Minter, Simpson & Co. had come to tell Jsutice Fergusonm that his son, Arthur Garere Ferguson had been killed in action.1 The war could intrude on anyone’s life at any time. Introduction: This paper presents an overview of a momentous and often overlooked year in Australian history. In 1917 the New South Wales legal profession displayed a remarkable degree of unanimity of attitude and action in response tot he war and the way it should be conducted by the Australian population. Judges and magistrates gave harsh sentences to those people who dissented from official policy, lawyer politicians enacted bills and used their official powers to suppress dissent and lawyers on the battlefields continued to launch themselves into the violence. In a profession marked by independent action there was marked unanimity of purpose and thought despite sectarian, political and social differences. Such an overlap of enterprise is unusual in a profession characterized by ‘fierce independence and, at times, vigorous expression of dissent’ compounded by the need for ‘privacy and confidentiality’. The genius of the individual may not say much about any corporate character possessed by the respective profession.’2 The world of Australia today and that of 1917 are as if comparing different countries, yet many issues which came to a head in that time resonated throughout successive decades. -
The Office of Solicitor General for New South Wales
The Office of Solicitor General for New South Wales Keith Mason QC, Solicitor General for New South Wales in as Solicitor General. Apparently Holland accidentally traces the development and depoliticisation of the office left behind in England the despatch of Lord Bathurst of Solicitor General in New South Wales. appointing him to the office. In a letter from the Colonial Secretary's Under Secretary to Holland the When, late last year, I agreed with the editor to write "inconvenience" was regretted, but it was pointed out that something about my office for Bar News I assumed that Holland had brought himself "into the unpleasant most of my fellow members of the Bar who might read predicament" in which he was placed. Holland was it would be as ignorant as I was a year ago about the role consoled with the fact that his salary was unaffected by of the junior Law Officer in this State. This contribution the slip because, like a number of early Solicitors General, will hopefully make each of us, if no wiser, then better he was also a Commissioner of the Courts of Request informed. which were small debts courts. (Several other early incumbents also sat as magistrates or chairmen of courts The first Solicitor General for New South Wales was of Quarter Sessions concurrently with their position as appointed in 1824. The office has been occupied for most second law officer.) of the period since that time, although it was abolished for 21 years in the late nineteenth century. A list of the Until 1922 the Solicitor General was, with occasional holders of the office appears as a Schedule.