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The Toohey Legacy: Rights and Freedoms, Compassion and Honour
The Toohey Legacy: rights and freedoms, compassion and honour Introduction This year is the 25th anniversary of the Mabo decision, in which the late John Toohey played a significant role. It is fitting, therefore, that I commence with a reference to Malo’s Law which was oft repeated during the evidence in that case: Malo tag mauki mauki, Teter mauki mauki. Malo tag aorir aorir, Teter aorir aorir. Malo tag tupamait tupamait, Teter tupamait tupamait Malo keeps his hands to himself; he does not touch what is not his. He does not permit his feet to carry him Towards another man’s property. His hands are not grasping He holds them back. He does not wander from his path. He walks on tiptoe, silent, careful, Leaving no sign to tell that This is the way he took. Malo is the God, in the form of an octopus, who gave the Meriam people the laws they live by. He laid his tentacles down on the Island of Mer, creating the 1 8 tribes of Mer and he gave them the rule that they should not trespass on one another’s lands. Consistently with Malo’s law, I acknowledge that this event is occurring on the traditional land of the Whadjuk People of the Nyungar Nation. I acknowledge their elders and thank them for welcoming us onto this site alongside the Derbal Yerrigan1. Eleanor Roosevelt said that “great minds discuss ideas, average minds discuss events, small minds discuss people”. The focus of this address is upon the ideas discussed by the Honourable John Leslie Toohey AC QC, expressed in his judgments and occasional lectures. -
The Supreme Court of Victoria
ANNUAL REPORT ANNUAL Annual Report Supreme Court a SUPREME COURTSUPREME OF VICTORIA 2016-17 of Victoria SUPREME COURTSUPREME OF VICTORIA ANNUAL REPORT 2016-17ANNUAL Supreme Court Annual Report of Victoria 2016-17 Letter to the Governor September 2017 To Her Excellency Linda Dessau AC, Governor of the state of Victoria and its Dependencies in the Commonwealth of Australia. Dear Governor, We, the judges of the Supreme Court of Victoria, have the honour of presenting our Annual Report pursuant to the provisions of the Supreme Court Act 1986 with respect to the financial year 1 July 2016 to 30 June 2017. Yours sincerely, Marilyn L Warren AC The Honourable Chief Justice Supreme Court of Victoria Published by the Supreme Court of Victoria Melbourne, Victoria, Australia September 2017 © Supreme Court of Victoria ISSN 1839-6062 Authorised by the Supreme Court of Victoria. This report is also published on the Court’s website: www.supremecourt.vic.gov.au Enquiries Supreme Court of Victoria 210 William Street Melbourne VIC 3000 Tel: 03 9603 6111 Email: [email protected] Annual Report Supreme Court 1 2016-17 of Victoria Contents Chief Justice foreword 2 Court Administration 49 Discrete administrative functions 55 Chief Executive Officer foreword 4 Appendices 61 Financial report 62 At a glance 5 Judicial officers of the Supreme Court of Victoria 63 About the Supreme Court of Victoria 6 2016-17 The work of the Court 7 Judicial activity 65 Contacts and locations 83 The year in review 13 Significant events 14 Work of the Supreme Court 18 The Court of Appeal 19 Trial Division – Commercial Court 23 Trial Division – Common Law 30 Trial Division – Criminal 40 Trial Division – Judicial Mediation 45 Trial Division – Costs Court 45 2 Supreme Court Annual Report of Victoria 2016-17 Chief Justice foreword It is a pleasure to present the Annual Report of the Supreme Court of Victoria for 2016-17. -
The University of Western Australia Law Review: the First Seventy Years
1 THE UNIVERSITY OF WESTERN AUSTRALIA LAW REVIEW: THE FIRST SEVENTY YEARS MICHAEL BLAKENEY* I FOUNDATION The two oldest Australian university law journals are the UWA Law Review and the Queensland University Law Review, both founded in 1948. In his foreword to the first issue of the UWA Law Review the Hon. Sir John Dwyer, Chief Justice of Western Australia, noting the coming of age of the School of Law in the University of Western Australia, which had been established in 1927 and explained that “now in the enthusiasm of early maturity it has planned the publication of an Annual Law Review of a type and on a scale not hitherto attempted in any Australian University.” The Chief Justice in his foreword identified the desirable objectives of the Law Review. He wrote: It is too much to-day to expect statutory recognition, prompt and adequate, by legislatures almost exclusively preoccupied with economic questions. It is necessary to have a considerable body of informed opinion to show the needs and point the way; and the creation of such a body depends in turn on an explanation and understanding of our institutions, an exposition of the underlying principles of our laws and customs, an examination of their moral sources, a comparison with other legal systems, a criticism_ of applications and interpretations that may appear to be dubious. There is no better mode of achieving such ends than a Review devoted to such purposes, and this first number is a satisfactory step in the right direction. The example set in 1948 by the Universities of Western Australia and Queensland in establishing their law reviews was followed by the University of Sydney in 1953, when it established the Sydney Law Review and in 1957 with the establishment of the Melbourne University Law Review; the University of Tasmania Law Review in 1958; the Adelaide Law Review in 1960 and the Australian National University’s Federal Law Review in 1964. -
Newsletter-Vol09-Issue01-April 2018.Pub
MURDOCH LAW NEWSLETTER Vol. 9, Issue 1, May 2018 www.murdoch.edu.au/School-of-Law/ Inside this issue: Dean’s Award Ceremony 2 Community Engagement 11 Distinguished Alumni 6 Indigenous incarceration 14 Law Café Series 16 Retirement of Professor Neil Mcleod 7 New Colombo Program - Travel to India 19 Planning Symposium 8 made possible A Word from the Dean Habemus EBA! The Enterprise Bargaining process has finally come to a conclusion and it would seem that the finalizaon of the actual agreement is only a formality. This brings and end to a long process with considerable challenges on all sides. Let us not forget that a lot of people put in a lot of work to bring this to what looks to be a good end and thanks to all of them. The “good end” is the perfect segue to talk about the rerement of Professor Neil McLeod. Neil was a fixture at this Law School almost since its incepon and in the best possible sense an academic of the “old school”. Now, of course, some will say the world in general and the academic world in parcular are changing and “old school” is out and change is in. Really? Depends on what one wants to look at. Yes, there is the internet and the various new generaons of students, x, y, z, millennials and what not. But at the end of the day all knowledge and understanding enters the brain through ears and eyes and at the end of the day it is intensive engagement, reading, thinking and discourse that makes a good graduate, a good professional and a good academic and that kind of intensive engagement creates the ability to think crically and analycally. -
Overview Report: Selected Writings of Dr. Natalie Skead
Overview Report: Selected Writings of Dr. Natalie Skead I. Scope of Overview Report 1. This overview report attaches selected writings by Dr. Natalie Skead. II. Journal Articles a. Appendix A: Natalie Skead, “Drug-trafficker property confiscation schemes in Western Australia and the Northern Territory: A study in legislation going too far” (2013) 37 Criminal Law Journal 296. b. Appendix B: Natalie Skead and Sarah Murray, “The Politics of Proceeds of Crime Legislation” (2015) 38:2 UNSW Law Journal 455. c. Appendix C: Natalie Skead, “Crime-Used Property Confiscation in Western Australia and the Northern Territory: Laws Befitting Draco’s Axones?” (2016) 41:1 The University of Western Australia Law Review 67. d. Appendix D: Natalie Skead, Tamara Tulich, Sarah Murray and Hilde Tubex, “Reforming Proceeds of Crime Legislation: Political Reality or Pipedream?” (2019) 44:3 Alternative Law Journal 176. III. Submission to the Review of the Criminal Property Confiscation Act 2000 (WA) e. Appendix E: Sarah Murray, Natalie Skead, Hilde Tubex and Tamara Tulich, Submission: Review of the Criminal Property Confiscation Act 2000 (WA). 1 Appendix A Natalie Skead, “Drug-trafficker property confiscation schemes in Western Australia and the Northern Territory: A study in legislation going too far” (2013) 37 Criminal Law Journal 296. Appendix A Drug-trafficker property confiscation schemes in Western Australia and the Northern Territory: A study in legislation going too far Dr Natalie Skead* Combating drug-related crime is a key focus of proceeds of crime legislation in Australia. Despite this clear focus only three Australian jurisdictions have introduced confiscation provisions levelled specifically at those involved in drug-related crimes: New South Wales, Western Australia, and the Northern Territory. -
Day 1 : Friday 16 November Thursday 15 November Day 2 : Saturday 17
15-17 NOVEMBER • SYDNEY thursday 15 november 5.30-8.00pm WELCOME RECEPTION • PIER ONE SYDNEY HARBOUR day 1 : friday 16 november PLENARY STREAM 1: COMMERCIAL STREAM 2: TAX 7.15am-8.30am CELEBRATING WOMEN IN LAW BREAKFAST • PLANAR RESTAURANT DARLING HARBOUR Welcome 9.00am-9.10am Noel Hutley SC, President ABA & Arthur Moses SC, President NSWBA 9.10am-9.20am Welcome to Country Change and the Legal Profession 9.20am-9.45am The Hon Susan Kiefel AC, Chief Justice, High Court of Australia Keynote 9.45am-10.30am The Hon Tom Bathurst AC, Chief Justice of NSW 10.30am-11.00am MORNING TEA Keynote Address 70th Anniversary of the UN Keynote Address Keynote Address 11.00am-11.45am Declaration of Human Rights The Hon Robert French AC Allan Myers AC QC Professor Hilary Charlesworth AM Chair: Jennifer Batrouney QC Commentator: Kate Eastman SC Multilateral Instrument/Treaties International Commercial Australia the case for treaties David Bloom QC Arbitration 11.45am-12.45pm Tony McAvoy SC Roderick Cordara QC Justin Gleeson SC (panel session) Angela Wood Chair: Patrick O’Sullivan QC Chair: The Hon Justice J Davies 12.45pm-1.30pm LUNCH Judges in Conversation Managing Civil Litigation in the The Hon Justice Nye Perram Courts of the 21st Century Class Actions The Hon Justice Jayne Jagot 1.30pm-2.15pm The Hon Justice Julie Ward Chair: Clive Bowman The Hon Susan Glazebrook DNZM The Hon Justice (panel session) The Hon Thomas Thawley Jacqueline Gleeson Chair: Madeline Brennan QC The Fate of Old Time The Taxation of Proceeds of Advocacy Skills in Modern Litigation -
The Toohey Legacy: Rights and Freedoms, Compassion and Honour
57 THE TOOHEY LEGACY: RIGHTS AND FREEDOMS, COMPASSION AND HONOUR GREG MCINTYRE* I INTRODUCTION John Toohey is a person whom I have admired as a model of how to behave as a lawyer, since my first years in practice. A fundamental theme of John Toohey’s approach to life and the law, which shines through, is that he remained keenly aware of the fact that there are groups and individuals within our society who are vulnerable to the exercise of power and that the law has a role in ensuring that they are not disadvantaged by its exercise. A group who clearly fit within that category, and upon whom a lot of John’s work focussed, were Aboriginal and Torres Strait Islander peoples. In 1987, in a speech to the Student Law Reform Society of Western Australia Toohey said: Complex though it may be, the relation between Aborigines and the law is an important issue and one that will remain with us;1 and in Western Australia v Commonwealth (Native Title Act Case)2 he reaffirmed what was said in the Tasmanian Dam Case,3 that ‘[t]he relationship between the Aboriginal people and the lands which they occupy lies at the heart of traditional Aboriginal culture and traditional Aboriginal life’. A University of Western Australia John Toohey had a long-standing relationship with the University of Western Australia, having graduated in 1950 in Law and in 1956 in Arts and winning the F E Parsons (outstanding graduate) and HCF Keall (best fourth year student) prizes. He was a Senior Lecturer at the Law School from 1957 to 1958, and a Visiting Lecturer from 1958 to 1965. -
Honouring Pro Bono Lawyering
2348 Honouring Pro Bono Lawyering The Victorian Bar Pro Bono Committee Reception in honour of the pro bono commitments of members of the Victorian Bar Melbourne, Victoria 2 April 2009. The Hon. Michael Kirby AC CMB THE VICTORIAN BAR PRO BONO COMMITTEE RECEPTION IN HONOUR OF THE PRO BONO COMMITMENTS OF MEMBERS OF THE VICTORIAN BAR MELBOURNE, VICTORIA, 2 APRIL 2009. HONOURING PRO BONO LAWYERING The Hon. Michael Kirby AC CMG* SAVED FROM A MISCARRIAGE OF JUSTICE One of the worst misfortunes that can befall a person in judicial office is to be an instrument of the miscarriage of justice. I know, because it happened to me. It is something I have to live with. In 2006, a bundle of appeal books landed on the desk of my chambers in Canberra. They concerned an appeal by Andrew Mallard. Special leave having been granted, Mr. Mallard was challenging orders of the Court of Appeal of Western Australia. Those orders had rejected his petition for the exercise of the royal prerogative of mercy, in respect of his conviction of murder more than a decade earlier. Very thorough submissions were filed on Mr. Mallard’s behalf by pro bono Counsel, Mr. Malcolm McCusker AO QC and Dr. James Edelman, members of the Western Australian Bar. As I read the papers, aspects of the case seemed *Justice of the High Court of Australia (1996-2009) 1 familiar. And then my attention was drawn to the fact that a decade earlier, Mr. Mallard had sought, and failed to obtain, special leave to appeal from an earlier panel in the High Court. -
2018 Annual Report 2018 Our Year of Big Thinking, Collaboration and Discovery
2018 Annual Report 2018 Our year of big thinking, collaboration and discovery. Our vision Our values We see a future where everyone lives a longer, Excellence healthier life. Innovation Our mission Collaboration We will harness all the information encoded in Community the genome to make pioneering discoveries that Integrity predict, treat and prevent diseases that have the deepest impact on society. Respect 2018 Garvan Annual Report Our values Who we are, what we do Aspirations Excellence Garvan is leading the nation in using genomic analysis • To become the most advanced institute in the to accelerate discovery and enable personalised, region in the adoption, application and integration Innovation precision medicine. of next-generation genomic and computational approaches and technologies in investigative and Collaboration Our researchers pioneer studies into some of the most translational research. difficult to solve and widespread diseases affecting the Community community today. Garvan is focused on understanding • To advance knowledge in our key areas of critical the molecular and cellular processes in health and mass that will lead to better understanding, reduced Integrity disease, putting people and patients at the centre of incidence and improved treatments for cancer, leading-edge local and global research expertise and immune deficiency, inflammatory and autoimmune Respect networks as the basis for developing future preventions diseases including diabetes, osteoporosis, and and treatments. diseases of ageing affecting the brain and other organs. For 56 years, Garvan scientists have been achieving significant breakthroughs in the understanding and • To attract, develop and support exceptionally talented treatment of diseases. researchers with leading-edge programs addressing key conceptual and practical questions in human biology, and the translation of new knowledge and technologies into clinical applications. -
SMEC 2019 Sustainability Report
Sustainability Report 2019 CONTENTS 04 Message from the CEO 06 Our Company and the Surbana Jurong Group 07 Our Global Footprint 08 2019 Highlights 12 Our Organisation 12 - Our Board 13 - Our Executive Committee 14 - Stakeholder engagement 16 - Core values 18 - Awards and rankings 20 - Corporate governance 24 - Financial performance 26 People 26 - Employee demographics 26 - Remuneration 28 - Employee benefits 28 - Health and wellbeing 29 - Gender diversity 30 - Career development 34 Community 34 - Human Rights 36 - Community Development 38 Sustainability and Environment 44 Appendix A: Scope of the report 46 Appendix B: Associated and controlled entities 48 Appendix C: Company memberships 50 Appendix D: EIA scale 52 Appendix E: GRI Index Yarranlea Solar Farm • Australia Message from the CEO At SMEC, we provide sustainability services for a range of infrastructure projects to push environmental, social and economic project outcomes beyond ‘business as usual’ The work done in 2018 to revise and enhance SMEC Australia’s Graduate Development Program was also recognised by the industry, with the program winning a Gold award for Best Learning & Development Project (Induction/ Onboarding) and a Silver award for Best Learning Model (Blended Learning) at the 2019 LearnX awards. As always, we are committed to a safety-first environment, and to investing in the wellbeing of our people. In line with the strategy endorsed in 2018, SMEC’s Mental Health First Aid Network was established in 2019. There are now specially trained Mental Health First Aiders (MHFAs) in each Australian state or territory, and in New Zealand. I am proud that the SMEC Foundation was named an ABA100 Winner for Community Contribution in the Australian Business Awards 2019. -
Proceedings of the Samuel Griffith Society, Volume 28
Upholding the Australian Constitution Volume Twenty-eight Proceedings of the Twenty-eighth Conference of The Samuel Griffith Society Stamford Plaza, Adelaide SA — 12–14 August 2016 © Copyright 2018 by The Samuel Griffith Society. All rights reserved. Contents Introduction Eddy Gisonda The Eighth Sir Harry Gibbs Memorial Oration The Honourable Robert French Giving and Taking Offence Chapter One Brendan O’Neill Hatred: A Defence Chapter Two John Roskam and Morgan Begg Prior v QUT & Ors [2016] Chapter Three The Honourable Tony Abbott Cultural Self-Confidence: That is What is Missing Chapter Four The Honourable Chris Kourakis In re Revenue Taxation & the Federation: The States v The Commonwealth Chapter Five Jeffrey Goldsworthy Is Legislative Supremacy Under Threat?: Statutory Interpretation, Legislative Intention, and Common Law Principles Chapter Six Lael K. Weis Originalism in Australia Chapter Seven Simon Steward Taxation of Multinationals: OECD Guidelines and the Rule of Law i Chapter Eight James Allan Australian Universities, Law Schools and Teaching Human Rights Chapter Nine Margaret Cunneen Great Harm to Innocent People: An ICAC story Chapter Ten David Smith The Dismissal: Reflections 40 Years On Chapter Eleven Don Morris Reserve Powers of the Crown: Perils of Definition Chapter Twelve Ken Coghill The Speaker Chapter Thirteen Peter Patmore Clerks of Houses of Parliament Contributors ii Introduction Eddy Gisonda The Samuel Griffith Society held its 28th Conference on the weekend of 12 to 14 August 2016, in the city of Adelaide, South -
VICTORIAN BAR NEWS ISSUE 161 WINTER 2017 VICTORIAN a Fiery Start to the Bar BAR Cliff Pannam Spies Like Us NEWS Stephen Charles
161 VICTORIAN BAR NEWS BAR VICTORIAN ISSUE 161 WINTER 2017 VICTORIAN A fiery start to the Bar BAR Cliff Pannam Spies like us NEWS Stephen Charles Remembering Ronald Ryan Masterpiece Bill Henson work unveiled WINTER 2017 161 At the Glasshouse: The Bar dinner photographs ISSUE 161 WINTER 2017 VICTORIAN BAR NEWS Editorial 44 Milky Way Dreaming KRISTINE HANSCOMBE QC Not the 24 hour news cycle 3 THE EDITORS 46 Innovate, regulate: Michael McGarvie, Victorian Legal Letters to the editors 5 Services Commissioner President’s report 6 GEORGINA COSTELLO AND JESSE RUDD JENNIFER BATROUNEY QC 20 Around town Bar Lore 2017 Victorian Bar Dinner 8 52 A Fiery start at the Bar — Indigenous Justice 14 some fifty years ago Committee RAP event DR CLIFF PANNAM QC SALLY BODMAN 58 Remembering Ronald Ryan George Hampel AM QC 16 KERRI RYAN ELIZABETH BRIMER 62 Where there’s a will, we’ll go a Henson portrait of the Hon 20 Waltzing Matilda: Serendipity Ken Hayne AC QC in chambers SIOBHAN RYAN W. BENJAMIN LINDNER Supreme Court of Victoria 24 v Australian Cricket Society 8 Back of the Lift THE HON DAVID HARPER AM 66 Adjourned Sine Die Bar, Bench and Solicitors golf day 27 67 Silence all stand CAROLINE PATTERSON 46 68 Vale News and Views 76 Gonged Volunteering at the Capital 28 77 Victorian Bar Readers Post-Conviction Project of Louisiana Boilerplate NATALIE HICKEY 78 A bit about words JULIAN BURNSIDE QC The David Combe affair 31 THE HON STEPHEN CHARLES AO QC 80 Off the Wall SIOBHÁN RYAN The Judicial College 38 82 Red Bag Blue Bag of Victoria master of its fate 83 The