DOCSLIB.ORG

Project No 51

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Project No 51 THE LAW REFORM COMMISSION OF WESTERN AUSTRALIA Project No 51 Unclaimed Money REPORT DECEMBER 1980 The Law Reform Commission of Western Australia was established by the Law Reform Commission Act 1972-1978. The Commissioners are - Mr D K Malcolm , QC , Chairman Mr E G Freeman Mr H H Jackson Mr C W Ogilvie Mr L L Proksch. The Executive Officer and Director of Research is Mr P H Clarke. The Commission's offices are on the 16th floor, City Centre Tower, 44 St George's Terrace, Perth, Western Australia, 6000. Telephone: 325 6022. To: THE HON I G MEDCALF, QC, MLC ATTORNEY GENERAL In accordance with the provisions of section 11(3)(b) of the Law Reform Commission Act 1972-1978, I am pleased to present the Commission's report on unclaimed money. (Signed) David K Malcolm, QC Chairman 19 December 1980 CONTENTS Paragraph TERMS OF REFERENCE AND WORKING PAPER CHAPTER 1 - THE LAW AND PRACTICE IN WESTERN AUSTRALIA RELATING TO UNCLAIMED MONEY 1.1 The Unclaimed Moneys Act 1.2 Money Which Has Been Lost 1.8 Other Statutory Provisions Dealing with Unclaimed Money in Specific Circumstances 1.9 Unclaimed Trust Money 1.13 CHAPTER 2 - THE LAW IN OTHER JURISDICTIONS RELATING TO UNCLAIMED MONEY 2.1 CHAPTER 3 - PAYMENT OF UNCLAIMED MONEY TO THE TREASURER 3.1 COMPULSORY PAYMENT OF UNCLAIMED TRUST MONEY TO THE TREASURER 3.2 COMPULSORY PAYMENT OF UNCLAIMED MONEY OTHER THAN TRUST MONEY TO THE TREASURER 3.9 The Limits Of Compulsory Provisions 3.20 Money Held On Behalf Of Others By Persons In A Similar Position To Trustees 3.26 Money Borrowed In The Course Of Business 3.30 Wages Owed By Companies 3.31 Company Dividends 3.33 Exceptions To Compulsory Provisions 3.34 Deposits In Savings Banks 3.34 Deposits In Trading Banks 3.37 Deposits In Building Societies 3.39 Travellers Cheques 3.42 CONSOLIDATION OF LEGISLATION : A REVISED UNCLAIMED MONEYS ACT 3.45 THE COMMISSION'S RECOMMENDATIONS ON PAYMENT OF UNCLAIMED MONEY TO THE TREASURER 3.46 CHAPTER 4 - THE PROCEDURE FOR PAYMENT OF UNCLAIMED MONEY TO THE TREASURER AND OTHER MATTERS 4.1 Exemption Of Small Amounts From Compulsory Provisions 4.3 The Time For Payment To The Treasurer 4.9 Avoidance Of Conflicting Liability 4.14 Advertising 4.16 Use Of Unclaimed Money For Public Purposes 4.28 Claims To Money Which Has Been Paid To The Treasurer 4.32 Recovery Of Interest 4.42 CHAPTER 5 - EFFECT OF A REVISED UNCLAIMED MONEYS ACT ON OTHER STATUTORY PROVISIONS IN WESTERN AUSTRALIA DEALING WITH UNCLAIMED MONEY 5.1 CHAPTER 6 - MONEY WHICH HAS BEEN LOST, AND FOUND BY SOMEONE OTHER THAN THE OWNER 6.1 CHAPTER 7 - UNCLAIMED MONEY OWING TO ABORIGINES 7.1 CHAPTER 8 - INCIDENTAL REFORMS 8.1 Orders Under Section 66 Of The Trustees Act 1962 8.2 Payment To The Treasurer In The Absence Of Beneficiaries 8.6 CHAPTER 9 - SUMMARY OF THE COMMISSION'S RECOMMENDATIONS APPENDIX I - The Unclaimed Moneys Act 1912-1947 APPENDIX II - Details of unclaimed money paid to the Treasurer during the period 1 January 1974 to 30 June 1976 APPENDIX III - Legislation dealing with unclaimed money in specific circumstances APPENDIX IV - Analysis of comparable legislation relating to unclaimed money in other jurisdictions APPENDIX V - Legislation in Western Australia dealing with unclaimed trust money APPENDIX VI - Persons who commented on the Working Paper. Report on Unclaimed Money / 1 TERMS OF REFERENCE 1. The Commission was asked to consider and report upon the subject of unclaimed money. WORKING PAPER 2. On 28 October 1976 the Commission issued a Working Paper. The Working Paper contained the following appendices - I The Unclaimed Moneys Act 1912-1947 II Details of unclaimed money paid to the Treasurer during the period 1 January 1974 to 30 June 1976 III Legislation dealing with unclaimed money in specific circumstances IV Analysis of comparable legislation relating to unclaimed money in other jurisdictions V Legislation in Western Australia dealing with unclaimed trust money. These appendices are reproduced as appendices I to V to this Report. Appendices containing details of legislation have been updated to include amendments made up to the date of this Report. The information in Appendix II continues to be relevant by illustrating typical circumstances where unclaimed money arises. The Working Paper itself is not annexed to this Report. Copies are available, however, free of charge, at the Commission’s office. The names of those who commented on the Working Paper are listed in Appendix VI to this Report. 2 / Report on Unclaimed Money CHAPTER 1 THE LAW AND PRACTICE IN WESTERN AUSTRALIA RELATING TO UNCLAIMED MONEY 1.1 The law in Western Australia relating to unclaimed money can be divided into four separate categories, each depending on the circumstances in which the money is owed. These categories are - * money owed, normally in the form of a debt,1 which is governed by the Unclaimed Moneys Act 1912-1947;2 * money which has been lost but found, which is governed largely by legal principles derived from decided cases; * unclaimed money owing in certain special circumstances, which is governed by a number of specific statutory provisions; * money owed by a trustee to a beneficiary or in circumstances analogous to a trustee/beneficiary relationship. It is convenient to deal with each category separately. The Unclaimed Moneys Act 1.2 In the absence of any statutory provision to the contrary if a claim by a creditor for money owed to him is not made within the appropriate limitation period,3 the debtor has a defence to any subsequent claim to the money. This applies where the money is owed in the form of a specified liquidated sum, such as money agreed to be paid under a contract. Similar principles apply where money is owed as unliquidated damages, such as might arise from liability for negligence or for breach of contract. The law is based on the expectation that a 1 The word "debt" in the Unclaimed Moneys Act has a wider meaning than is commonly understood. The Act applies to "all principal and interest money, and all dividends, bonuses, profits and sums of money whatsoever, which have been owing to any person..." : s 2. Thus unpaid wages and dividends are included in the term "debt". 2 Hereinafter referred to as The Unclaimed Moneys Act. 3 Limitation Act 1935. The period allowed for claims in contract and in tort is six years - s 38(1)(c)(v) and (vi). Report on Unclaimed Money / 3 creditor or claimant, as the case may be, should take the initiative and in his own interests take steps to recover money owed to him. 1.3 The Unclaimed Moneys Act provides a statutory departure from this principle. It is not unique to Western Australia. Similar legislation can be found in all other jurisdictions in Australia and in New Zealand, but with significant differences in its application. 4 The Act was passed in the belief that money held in trading bank accounts could be retained by the banks concerned if a period representing the relevant limitation period expired and the customer either made no claim for his money or did not operate on his account. This belief5 no longer provides a justification for the Act because money held in trading bank accounts, other than with the Rural and Industries Bank of Western Australia, is governed by Commonwealth legislation. 6 Although there is no express provision in this legislation dealing with unclaimed money held by private savings banks,7 it is not clear whether the Unclaimed Moneys Act applies to such money. 8 1.4 The Unclaimed Moneys Act provides for "unclaimed money", that is money owed and unclaimed for six years, to be paid to the Treasurer.9 The object of the Act is that such money should always remain available to the creditor if and when he seeks payment. The Act is selective in its operation. It only applies to companies incorporated in or carrying on business in Western Australia.10 The word "companies" has an extended meaning in the Act and includes every "person or firm carrying on business as traders in Western Australia, and acting as agents or private bankers for individuals or companies" and also includes banks, life 4 Appendix IV contains an analysis of comparable legislation in other Australian jurisdictions and in New Zealand. 5 Which in any case was probably misconceived. The limitation period does not begin to run until the customer has made a demand on the banker: see Joachimson v Swiss Bank Corporation [1921] 3 KB 110. See also Working Paper, 36 footnote 2 6 Banking Act 1959 (Cwth), s 69. The R & I Bank is not covered by this Act; trading accounts with that bank are governed by the Unclaimed Moneys Act. See generally, paras 3.37 and 3.38 below. 7 Unclaimed money held in a savings account with the Rural and Industries Bank of Western Australia (the "R & I Bank") is governed by the Rural and Industries Bank Act 1944 (WA), s 65V; unclaimed money held in a savings account with the Commonwealth Savings Bank of Australia is governed by the Commonwealth Banks Act 1959 (Cwth), s 53. 8 If the Banking Act 1959 (Cwth) "covers the legislative field" the Unclaimed Moneys Act would be inconsistent with it and therefore, because of s 109 of the Commonwealth Constitution, inapplicable to private savings banks: see P H Lane, The Australian Federal System (2nd ed, 1979), 863-898. This may be so even though s 69 of the Banking Act 1959 (Cwth) refers only to trading banks. In addition, money held in a savings account may not be "owed" or "payable" for the purposes of the Unclaimed Moneys Act until a withdrawal form signed by the customer is presented to the bank: see para 1.6 below.
Load more

Recommended publications
  • Private Law and Grave Historical Injustice: the Role of the Common Law
    Private Law and Grave Historical Injustice: The Role of the Common Law Simone Degeling (UNSW Australia) and Kit Barker (UQ)* Abstract This article reclaims an important role for the common law in cases of grave historical injustice. As we conceive it, ‘grave historical injustice’ consists in serious, widespread instances of wrongdoing which, for institutional, social, political or other reasons, has remained unaddressed and un-redressed for long periods of time. Contemporary examples in Australia include the abuse of vulnerable individuals within the Catholic Church and Australian Defence Force and the historic theft of wages from Aboriginal peoples. There are many other examples across societies and nations. Contemporary discourse assumes that private law has little or nothing to contribute to the debate about how to deal with such cases, on account of the expense and delay involved in litigation and technical obstructions internal to private law’s own doctrines. It focuses instead on extra-legal political and administrative measures such as apologies, public inquiries, and limited reparation schemes, on the basis that these offer victims of injustice a quicker, more satisfactory solution. Here, we reclaim an important role for private law and its underlying normative framework of corrective justice in informing and enhancing the design of reparations schemes current and future, so as to accord victims a fuller and more meaningful measure of justice. ___________________________________________________________________________ I. INTRODUCTION This article reintroduces the role of the common law in cases of grave historical injustice. As we conceive it, ‘grave historical injustice’ consists in serious and widespread instances of wrongdoing which, whether by virtue of institutional, social, political or other factors, has remained unaddressed and un-redressed by the law for long periods of time.
    [Show full text]
  • National Library of Australia Annual Report 2008-2009
    ANNUAL REPORT 2008-2009 NATIONAL LIBRARY OF AUSTRALIA ANNUAL REPORT 2008–2009 NATIONAL LIBRARY OF AUSTRALIA Published by the National Library of Australia Parkes Place West Parkes Canberra ACT 2600 ABN: 28 346 858 075 Telephone: (02) 6262 1111 TTY: 1800 026 372 Facsimile: (02) 6257 1703 Website: www.nla.gov.au Annual report: www.nla.gov.au/policy/annual.html © National Library of Australia 2009 National Library of Australia Annual report / National Library of Australia. — 8th (1967/68) — Canberra: NLA, 1968– — v.; 25 cm. Annual. Continues: National Library of Australia. Council. Annual report of the Council = ISSN 0069-0082. Report year ends 30 June. ISSN 0313-1971 = Annual report — National Library of Australia. 1. National Library of Australia –– Periodicals. 027.594 Coordinated and produced by the Executive and Public Programs Division, National Library of Australia Printed by Paragon Printers Australasia, Canberra Cover image: Craig Mackenzie (b.1969) The podium of the National Library of Australia, 2009 The Library building was opened in August 1968 and this year celebrated its 40th anniversary. The Library now holds more than 10 million items in its collections and is visited annually by some 550 000 people. NATIONAL LIBRARY 01 AuSTRALIA CANBERRA ACT 2600 AUSTRALIA TEL +61 262621111 FAX +61 2 6257 1703 The Hon. Peter Garrett AM, MP TTY 1800 026 372 Minister for the Environment, Heritage and the Arts www.nla.gov.au ABN 28 346 858 075 Parliament House CANBERRA ACT 2600 Dear Minister The Council of the National Library of Australia has pleasure in submitting to you, for presentation to each House of Parliament, its forty-ninth annual report covering the period 1 July 2008 to 30 June 2009.
    [Show full text]
  • Review of the Law of Trusts : a Trusts Act for New Zealand
    E31(130) NovemberAugust 2013, 2010, Wellington, Wellington, New New Zealand Zealand | | REPORT REPORT 130 119 REVIEW OF THE LAW OF TRUSTS A TRUSTS ACT FOR NEW ZEALAND August 2013, Wellington, New Zealand | REPORT 130 REVIEW OF THE LAW OF TRUSTS A TRUSTS ACT FOR NEW ZEALAND The Law Commission is an independent, publicly funded, central advisory body established by statute to undertake the systematic review, reform and development of the law of New Zealand. Its purpose is to help achieve law that is just, principled, and accessible, and that reflects the heritage and aspirations of the peoples of New Zealand. The Commissioners are: Honourable Sir Grant Hammond KNZM – President Judge Peter Boshier Dr Geoff McLay Honourable Dr Wayne Mapp QSO The General Manager of the Law Commission is Roland Daysh The office of the Law Commission is at Level 19, 171 Featherston Street, Wellington Postal address: PO Box 2590, Wellington 6140, New Zealand Document Exchange Number: sp 23534 Telephone: (04) 473-3453, Facsimile: (04) 471-0959 Email: [email protected] Internet: www.lawcom.govt.nz National Library of New Zealand Cataloguing-in-Publication Data New Zealand. Law Commission. Review of the law of trusts : a trusts act for New Zealand. (Law Commission report ; no. 130) ISBN 978-1-877569-48-7 (pbk.) ISBN 978-1-877569-20-3 (PDF) 1. New Zealand. Trustee Act 1956. 2. Trusts and trustees—New Zealand. I. Title. II. Series: New Zealand. Law Commission. Report ; no. 130. 346.93059—dc 23 ISSN: 0113-2334 (Print) ISSN: 1177-6196 (Online) This paper may be cited as NZLC R130 This report is also available on the Internet at the Law Commission’s website: www.lawcom.govt.nz ii Law Commission Report The Hon Judith Collins Minister Responsible for the Law Commission Parliament Buildings WELLINGTON 29 August 2013 Dear Minister REVIEW OF THE LAW OF TRUSTS: A TRUSTS ACT FOR NEW ZEALAND (NZLC R130) I am pleased to submit to you the above Report under section 16 of the Law Commission Act 1985.
    [Show full text]
  • PARKS and WILDLIFE COMMISSION of the NORTHERN TERRITORY Annual Report 2013-14
    PARKS AND WILDLIFE COMMISSION OF THE NORTHERN TERRITORY Annual Report 2013-14 The Parks and Wildlife Commission of the Northern Territory is responsible for the management, protection and sustainable development of the Territory’s parks and reserves. The Commission provides high-quality, unique recreational, cultural, and natural experiences, which enhance tourism, create greater opportunities for recreation, protect important natural assets, and deliver economic benefits for the entire Northern Territory community. The Parks and Wildlife Commission works closely with a range of stakeholders to facilitate opportunities for development, while conserving the intrinsic natural and cultural values of the parks estate. The Commission also oversees the sustainable management of native wildlife throughout the Northern Territory. The Commission works closely with the community to ensure ongoing education and appropriate management of the Territory’s wildlife, through the administration of the permit system, effective management of pest wildlife, protection of native populations, and enforcement of illegal activities. Purpose of the Report The Parks and Wildlife Commission of the Northern Territory has achieved significant outcomes against our environmental, community and visitor goals. The report focuses on recognising our achievements against our strategic goals and outcomes, while also acknowledging regional highlights that have resulted in outcomes for conservation, management, visitor satisfaction, tourism, or community engagement. Pursuant to section 28 of the Public Sector Employment and Management Act, the report aims to inform Parliament, Territorians, and other stakeholders of: • The primary functions and responsibilities of the Commission; • Significant activities undertaken during the year highlighting specific achievements against budget outputs; and • The Commission’s fiscal management and performance.
    [Show full text]
  • Legal Profession Regulations 2005 S.R
    Version No. 004 Legal Profession Regulations 2005 S.R. No. 152/2005 Version incorporating amendments as at 8 November 2007 TABLE OF PROVISIONS Regulation Page PART 1.1—PRELIMINARY 1 1.1.1 Objective 1 1.1.2 Authorising provision 1 1.1.3 Commencement 1 PART 1.2—INTERPRETATION 2 1.2.1 Definitions 2 1.2.2 Corresponding laws 3 1.2.3 Revoked 3 1.2.4 Default determination of associate's home jurisdiction 3 1.2.5 References to forms 4 PART 2.2—RESERVATION OF LEGAL WORK AND LEGAL TITLES 5 2.2.1 Presumptions about taking or using name, title or description 5 PART 2.4—LEGAL PRACTICE BY AUSTRALIAN LEGAL PRACTITIONERS 6 2.4.1 Revoked 6 2.4.2 Completion of periods of supervised legal practice 6 PART 2.7—INCORPORATED LEGAL PRACTICES AND MULTI-DISCIPLINARY PARTNERSHIPS 8 2.7.1 Notice of termination of provision of legal services 8 2.7.2 Disqualifications and prohibitions 8 i Regulation Page PART 2.8—LEGAL PRACTICE BY FOREIGN LAWYERS 11 2.8.1 Scope of practice of foreign law 11 2.8.2 Trust money and trust accounts 12 2.8.3 Revoked 12 PART 3.3—TRUST MONEY AND TRUST ACCOUNTS 13 Division 1—Preliminary 13 3.3.1 Operation of this Part 13 3.3.2 Definitions 14 Division 2—Computerised accounting systems 14 3.3.3 Application of Division 14 3.3.4 Copies of trust records to be printed 14 3.3.5 Chronological record of information to be made 16 3.3.6 Requirements regarding computer accounting systems 16 3.3.7 Back-ups 17 Division 3—General trust accounts 18 3.3.8 Establishment of general trust account 18 3.3.9 Receipting of trust money 19 3.3.10 Deposit records for
    [Show full text]
  • Table of Contents Chapter 1: Professional Conduct
    Table of Contents Chapter 1: Professional Conduct ........................................................................................ 4 Who is Affected by Professional Conduct obligations ................................................................. 4 What is a Profession ................................................................................................................... 4 Regulation of the Legal Profession Today ................................................................................... 4 Lawyers Practice and Ethics ........................................................................................................ 4 Ethics v Legal Ethics .................................................................................................................... 5 Core Values of the Legal Profession ............................................................................................ 5 Personal Responsibility .............................................................................................................. 5 Reconciling personal and Professional Values ............................................................................ 5 Ethical Dilemmas ........................................................................................................................ 5 Decision Making Process ............................................................................................................ 6 Chapter 2 : Lawyers, Values and Sources ..........................................................................
    [Show full text]
  • Annual Report 2007-2008
    National Library of Australia Annual Report 2007–2008 National Library of Australia Annual Report 2007–2008 National Library of Australia Annual Report 2007–2008 Published by the National Library of Australia Parkes Place West Parkes Canberra ACT 2600 ABN: 28 346 858 075 Telephone: (02) 6262 1111 TTY: 1800 026 372 Facsimile: (02) 6257 1703 Homepage: www.nla.gov.au Annual report: www.nla.gov.au/policy/annrep08/ © National Library of Australia 2008 National Library of Australia Annual report / National Library of Australia. — 8th (1967/68) — Canberra: NLA, 1968– — v.; 25 cm. Annual. Continues: National Library of Australia. Council. Annual report of the Council = ISSN 0069-0082. Report year ends 30 June. ISSN 0313-1971 = Annual report — National Library of Australia. 1. National Library of Australia –– Periodicals. 027.594 Coordinated by Public Programs Division, National Library of Australia Printed by Paragon Printers Australasia, Canberra Cover image: For the Benefi t of J. Butler and W. Bryant: at the Theatre, Sydney … 1796 broadside; 20.0 x 12.0 cm Australian Collection nla.aus-vn4200235 The highlight of the Library’s 2007–2008 acquisitions was a uniquely signifi cant addition to the record of Australian printing, publishing and theatre history. The single-sheet broadside playbill advertises a theatrical performance at the Sydney Theatre on 30 July 1796 and was printed by our fi rst printer, George Hughes. It is the earliest surviving example of a document printed in Australia. The playbill was found in a scrapbook in the collection of Library and Archives Canada. It was presented by the Canadian Prime Minister, Stephen Harper, to then Prime Minister, the Hon.
    [Show full text]
  • Staying Safe with Money: the Experience of Older English Speaking Victorians
    Staying safe with money: the experience of older English speaking Victorians Protecting Elders’ Assets Study November 2010 Dr Jo Wainer Ms Kei Owada Dr Georgia Lowndes Professor Peteris Darzins Acknowledgements This project is funded by State Trustees limited. The study of Staying safe with money: the experience of older English speaking Victorians was conducted on behalf of State Trustees limited by Monash University, Melbourne. The report was written by Dr Jo Wainer, Dr Georgia Lowndes, Ms Kei Owada and Professor Peteris Darzins. The report should be referenced as: Wainer J, Owada K, Lowndes G, and Darzins P (2010) Staying safe with money: the experience of older English speaking Victorians. Protecting Elders’ Assets Study. Monash University, Melbourne. ISBN: 978-0-9802900-6-6 © State Trustees Limited Published by Monash University Faculty of Medicine, Nursing and Health Sciences Staying safe with money: the experience of older English speaking Victorians Table of Contents Glossary of general terms ......................................................................8 Glossary of statistical terms ....................................................................9 Executive Summary ..............................................................................10 Current Financial Management Practice ............................................................................................... 11 Future Financial Management Practice ............................................................................................... 11 Awareness
    [Show full text]
  • NSW Public Purpose Fund C/- the Law Society of New South Wales, 170 Phillip Street, Sydney NSW 2000
    The Steering Committee on the NSW Public Purpose Fund C/- The Law Society of New South Wales, 170 Phillip Street, Sydney NSW 2000 September 2017 The Hon. Mark Speakman SC, MP Attorney General Parliament of New South Wales SYDNEY NSW 2000 Dear Attorney General, I am pleased to present the final Report of the Steering Committee on the NSW Public Purpose Fund (PPF). The Steering Committee was asked to make recommendations for the optimising the funds available for disbursement by the PPF, via increasing the funds flowing into the PPF and/or increasing the returns generated by those funds, and any other potential refinements to the operation of the fund to ensure the appropriate disbursement and stewardship of its assets. The Steering Committee has strived to ensure that this Report is more than a theoretical exercise and has rather put forward practical and implementable recommendations. The detailed recommendations and findings arise out of the last 9 months of investigations, and are attached. Broadly speaking, we have made recommendations along the following lines: 1. How to increase the asset base for the PPF and the returns generated by that asset base 2. How to allocate funding 3. Who determines the allocation; and 4. Legislative requirements, if any, to implement the above These are contained within 5 Recommendations which address the Terms of Reference for the review. During the course of the Steering Committee’s investigations, numerous stakeholders, including current beneficiaries of funding from the PPF, were interviewed and we thank them for their co- operation and assistance in this regard. I would also like to thank each of the Steering Committee Members who are listed in the attached Report, for the giving of their valuable time, their insightful views and collaboration in preparing this Report.
    [Show full text]
  • Northern Territory Legal Practitioners Act and Associated Legislation
    Northern Territory Report National Competition Policy Legislation Review 6 July 2002 Legal Practitioners Act Legal Practitioners Complaints Committee Rules Legal Practitioners Regulations Legal Practitioners Rules Legal Practitioners (Professional Indemnity Insurance) Regulations Law Society Northern Territory Rules of Professional Conduct and Practice Law Society Public Purposes Trust Act This Report has been prepared by the Northern TerritoryNCP Review Team for the Legal Practitioners Act and a.ssociat.ed legislatio,n. Any views or propositions in this Report should not be taken as representlhg the view of the Northern Territory Qepartmenlof JuStice or the view of any arm of the Northern Territory Government. TABLE OF CONTENTS 1 OVERVIEW ................................................................................................................................................ 1 1.1 THE PURPOSE OF THIS REPORT .................................................................................................................. 1 2 SUMMARY OF FINDINGS ....................................................................................................................... 1 2.1 FINDINGS: THE OBJECTIVES OF THE LEGAL PRACTmONERS ACT [SEE PART 8] ......................................... 1 2.2 FINDINGS: REsERVATIONOFWORK{SEEPART9J ....................................................................................... 1 2.3 FINDINGS: RESTRICTIONS ON BARRISTERS {SEE PART 10J .........................................................................
    [Show full text]
  • Australian Indigenous Law Themselves and Their Communities
    AUSTRALIAN INDIGENOUS L A W R E V I E W 2 0 0 7 Volume 11, Number 1 AUSTRALIAN INDIGENOUS L A W R E V I E W 2 0 0 7 Volume 1, Number 1 EDITOR Julia Mansour ASSISTANT EDITOR Luke Taylor STUDENT EDITOR Sophie Braham EDITORIAL PANEL Thalia Anthony BA LLB PhD (Sydney) Larissa Behrendt LLB BJuris (UNSW) LLM SJD (Harvard) Sean Brennan BA LLB LLM (ANU) Donna Craig BA LLM (Osgoode Hall) Chris Cunneen BA Dip Ed (UNSW) Ph D (Sydney) Megan Davis BA LLB (UQ) GDLP LLM (ANU) Brendan Edgeworth; LLB(Hons) MA (Sheff) Brenda Gunn BA (Manitoba) JD (Toronto) LLM (Arizona) Samantha Joseph BA LLB (UNSW) Peter Jull BA (Toronto) Patricia Lane BA LLM (Sydney) Hannah McGlade LLB LLM (Murdoch) Garth Nettheim LLB (Sydney) AM (Tufts) STUDENT EDITORIAL PANEL Sarah Cameron, Jessie Connell, Talia Epstein, Jackie Hartley, Charisse Hodgeman, David Hume, Lauren Kapp, James King, Madona Kobayssi, Zsofi Korosy, Jessica Mackenzie, Ranipal Narulla, David Nguyen, Darren Parker, Yen Phang, Nadia Rosenman, Victoria Tan, Christina Trahanas, Rebecca Smith, Tom Smyth A PUBLICATION OF THE INDIGENOUS LAW CENTRE UNIVERSITY OF NEW SOUTH WALES www.ilc.unsw.edu.au CONTENTS Volume 11, Number 1 25th Anniversary of the Indigenous Law Centre Keynote Speech 1 Megan Davis Commentary Unmapped Territory: Wage Compensation for Indigenous Cattle Station Workers 4 Thalia Anthony The Elephant in the Drawing Room: Slavery and the ‘Stolen Wages’ Debate 30 Stephen Gray Native Title in Malaysia: A ‘Complementary’ Sui Generis Right Protected by the Federal Constitution 54 Ramy Bulan Evolving Conceptions
    [Show full text]
  • Northern Territory V Griffiths (2017) 256 FCR 478 Allowing in Part Appeals from a Judgment of Mansfield J (Griffiths V Northern Territory [No 3] (2016) 337 ALR 362)
    HIGH COURT OF AUSTRALIA KIEFEL CJ, BELL, GAGELER, KEANE, NETTLE, GORDON AND EDELMAN JJ D1/2018 NORTHERN TERRITORY OF AUSTRALIA APPELLANT AND MR A. GRIFFITHS (DECEASED) AND LORRAINE JONES ON BEHALF OF THE NGALIWURRU AND NUNGALI PEOPLES & ANOR RESPONDENTS D2/2018 COMMONWEALTH OF AUSTRALIA APPELLANT AND MR A. GRIFFITHS (DECEASED) AND LORRAINE JONES ON BEHALF OF THE NGALIWURRU AND NUNGALI PEOPLES & ANOR RESPONDENTS D3/2018 MR A. GRIFFITHS (DECEASED) AND LORRAINE JONES ON BEHALF OF THE NGALIWURRU AND NUNGALI PEOPLES APPELLANT AND NORTHERN TERRITORY OF AUSTRALIA & ANOR RESPONDENTS 2. Northern Territory v Mr A. Griffiths (deceased) and Lorraine Jones on behalf of the Ngaliwurru and Nungali Peoples Commonwealth of Australia v Mr A. Griffiths (deceased) and Lorraine Jones on behalf of the Ngaliwurru and Nungali Peoples Mr A. Griffiths (deceased) and Lorraine Jones on behalf of the Ngaliwurru and Nungali Peoples v Northern Territory [2019] HCA 7 13 March 2019 D1/2018, D2/2018 & D3/2018 ORDER Matter Nos D1/2018 and D2/2018 1. Appeal allowed in part. 2. Set aside Order 2 of the Orders of the Full Court of the Federal Court of Australia made on 9 August 2017 and, in its place, order that: "(1) Paragraph 3 of the further amended order made by the trial judge dated 24 August 2016 be set aside and, in its place, order: 'The compensation payable to the native title holders by reason of the extinguishment of their non-exclusive native title rights and interests arising from the acts in paragraph 1 above is: (a) compensation for economic loss in the sum of $320,250; (b) interest on (a) in the sum of $910,100; (c) compensation for cultural loss in the sum of $1,300,000; Total: $2,530,350.
    [Show full text]