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Situating Women Judges on the High Court of Australia: Not Just Men in Skirts?
Situating Women Judges on the High Court of Australia: Not Just Men in Skirts? Kcasey McLoughlin BA (Hons) LLB (Hons) A thesis submitted for the degree of Doctor of Philosophy, the University of Newcastle January 2016 Statement of Originality This thesis contains no material which has been accepted for the award of any other degree or diploma in any university or other tertiary institution and, to the best of my knowledge and belief, contains no material previously published or written by another person, except where due reference has been made in the text. I give consent to the final version of my thesis being made available worldwide when deposited in the University's Digital Repository, subject to the provisions of the Copyright Act 1968. Kcasey McLoughlin ii Acknowledgments I am most grateful to my principal supervisor, Jim Jose, for his unswerving patience, willingness to share his expertise and for the care and respect he has shown for my ideas. His belief in challenging disciplinary boundaries, and seemingly limitless generosity in mentoring others to do so has sustained me and this thesis. I am honoured to have been in receipt of his friendship, and owe him an enormous debt of gratitude for his unstinting support, assistance and encouragement. I am also grateful to my co-supervisor, Katherine Lindsay, for generously sharing her expertise in Constitutional Law and for fostering my interest in the High Court of Australia and the judges who sit on it. Her enthusiasm, very helpful advice and intellectual guidance were instrumental motivators in completing the thesis. The Faculty of Business and Law at the University of Newcastle has provided a supportive, collaborative and intellectual space to share and debate my research. -
Who's That with Abrahams
barTHE JOURNAL OF THE NSWnews BAR ASSOCIATION | SUMMER 2008/09 Who’s that with Abrahams KC? Rediscovering Rhetoric Justice Richard O’Connor rediscovered Bullfry in Shanghai | CONTENTS | 2 President’s column 6 Editor’s note 7 Letters to the editor 8 Opinion Access to court information The costs circus 12 Recent developments 24 Features 75 Legal history The Hon Justice Foster The criminal jurisdiction of the Federal The Kyeema air disaster The Hon Justice Macfarlan Court NSW Law Almanacs online The Court of Bosnia and Herzegovina The Hon Justice Ward Saving St James Church 40 Addresses His Honour Judge Michael King SC Justice Richard Edward O’Connor Rediscovering Rhetoric 104 Personalia The current state of the profession His Honour Judge Storkey VC 106 Obituaries Refl ections on the Federal Court 90 Crossword by Rapunzel Matthew Bracks 55 Practice 91 Retirements 107 Book reviews The Keble Advocacy Course 95 Appointments 113 Muse Before the duty judge in Equity Chief Justice French Calderbank offers The Hon Justice Nye Perram Bullfry in Shanghai Appearing in the Commercial List The Hon Justice Jagot 115 Bar sports barTHE JOURNAL OF THE NSWnews BAR ASSOCIATION | SUMMER 2008-09 Bar News Editorial Committee Cover the New South Wales Bar Andrew Bell SC (editor) Leonard Abrahams KC and Clark Gable. Association. Keith Chapple SC Photo: Courtesy of Anthony Abrahams. Contributions are welcome and Gregory Nell SC should be addressed to the editor, Design and production Arthur Moses SC Andrew Bell SC Jeremy Stoljar SC Weavers Design Group Eleventh Floor Chris O’Donnell www.weavers.com.au Wentworth Chambers Duncan Graham Carol Webster Advertising 180 Phillip Street, Richard Beasley To advertise in Bar News visit Sydney 2000. -
Susan M Crennan AC QC
Susan M Crennan AC QC BA (Melb), LL.B. (Syd), P.G. Dip (Hist) (Melb), D.Univ (Hon)(Australian Catholic University) Victoria: New South Wales: C/- Clerk John Dever C/- Clerk Michael Wilcox Owen Dixon Chambers West New Chambers 205 William Street Level 34/126 Phillip Street Melbourne Vic 3000 Sydney NSW 2000 Telephone: (03) 9225 6598 Telephone: (02) 9151 2082 Email: [email protected] Email: [email protected] Appointed Queen’s Counsel Victoria 1989 NSW 1990 Admitted to the legal profession 1979 Admitted as a barrister in NSW 1979 Admitted as a barrister in Victoria 1980 Admitted as a barrister at King’s Inns Dublin 1991 Gray’s Inn, London, Master of the Bench (H) 2011 Areas of Practice Arbitration Mediation Neutral Evaluations Professional: High Court of Australia, Justice 2005 – 2015 Chartered Instituted of Arbitrators, Fellow 2017 - Australian Association of Constitutional Law, President 2015 - -1 - Australian Academy of Law, Fellow Inns of Court Fellow attached to the Institute of Advanced Legal 2010 Studies, University College, London Companion of the Order of Australia 2008 Federal Court of Australia, Judge 2004 -2005 Independent Compensation Panel, Archdiocese of Melbourne, 2001 -2004 Chairman Institute of Arbitrators and Mediators of Australia, Member and 1995 - 2004 Graded Arbitrator Advisory Board for the Graduate Program in Intellectual Property 2001 Law, University of Melbourne, Member Commission for Human Rights, Commissioner 1992 – 1997 Senior Counsel assisting the Royal Commission into the 1990 - 1992 Tricontinental Group -
Judges and Retirement Ages
JUDGES AND RETIREMENT AGES ALYSIA B LACKHAM* All Commonwealth, state and territory judges in Australia are subject to mandatory retirement ages. While the 1977 referendum, which introduced judicial retirement ages for the Australian federal judiciary, commanded broad public support, this article argues that the aims of judicial retirement ages are no longer valid in a modern society. Judicial retirement ages may be causing undue expense to the public purse and depriving the judiciary of skilled adjudicators. They are also contrary to contemporary notions of age equality. Therefore, demographic change warrants a reconsideration of s 72 of the Constitution and other statutes setting judicial retirement ages. This article sets out three alternatives to the current system of judicial retirement ages. It concludes that the best option is to remove age-based limitations on judicial tenure. CONTENTS I Introduction .............................................................................................................. 739 II Judicial Retirement Ages in Australia ................................................................... 740 A Federal Judiciary .......................................................................................... 740 B Australian States and Territories ............................................................... 745 III Criticism of Judicial Retirement Ages ................................................................... 752 A Critiques of Arguments in Favour of Retirement Ages ........................ -
03 List of Members
SENIOR OFFICE BEARERS VISITOR His Excellency The Governor of Victoria, Professor David de Krester, AO MBBS Melb. MD Monash. FRACP FAA FTSE. CHANCELLOR The Hon Justice Alex Chernov, BCom Melb. LLB(Hons) Melb.Appointe d to Council 1 January 1992. Elected DeputyChancello r 8Marc h2004 .Electe dChancello r 10 January2009 . DEPUTY CHANCELLORS Ms Rosa Storelli, Bed Ade CAE GradDipStudWelf Hawthorn MEducStud Monash MACE FACEA AFA1M. Appointed 1 January 2001. Re-appointed 1 January 2005. Elected DeputyChancello r1 January2007 ;re-electe d 1 January2009 . TheHon .Justic eSusa nCrenna n ACB AMel bLL B SydPostGradDi pMelb . Elected June 2009. VICE-CHANCELLOR AND PRINCIPAL Professor Glyn Conrad Davis, AC BA NSWPh DANU .Appointe d 10 January2005 . DEPUTY VICE-CHANCELLOR / PROVOST Professor John Dewar BCL MA Oxon. PhD Griff. Appointed Deputy Vice-Chancellor (Global Relations) 6 April 2009.Appointe d Provost 28 September2009 . DEPUTY VICE-CHANCELLORS Professor Peter David Rathjen BSc Hons Adel DPhil Oxon Appointed Deputy Vice-Chancellor (Research) 1 May 2008. Professor Susan Leigh Elliott, MB BS Melb. MD Melb. FRACP. Appointed Acting Provost 15 July 2009. Appointed Deputy Vice-Chancellor (Global Engagement) 28 September 2009. Professor Warren Arthur Bebbington, MA Queens (NY) MPhil MMus PhD CUNY. Appointed Pro-Vice-Chancellor (University Relations) 1Januar y 2006. Appointed Pro-Vice-Chancellor (Global Relations) 1Jun e 2008. Appointed Deputy Vice-Chancellor (University Affairs) 28 September 2009. PRO-VICE-CHANCELLORS Professor Geoffrey Wayne Stevens, BE RM1TPh DMelb . FIChemE FAusIMM FTSE CEng. Appointed 1 January2007 . Professor Ron Slocombe, MVSc PhD Mich. ACVP. Appointed 1 January 2009. PRO-VICE-CHANCELLOR (TEACHING AND LEARNING) Philippa Eleanor Pattison, BSc Melb. -
ABA Chicago Handbook 04.Indd
AUSTRALIAN BAR ASSOCIATION CONFERENCE CHICAGO 26 – 29 JUNE 2007 CONFERENCE HANDBOOK PROUDLY SPONSORED BY PRINCIPAL The ABA is pleased to acknowledge the continuing support of the Conference’s major sponsor – Suncorp. As members of the SPONSOR ABA are aware, Suncorp is the leading provider of personal and professional insurance products and services to members of the ABA on a national basis. The long association of Suncorp with the Australian Bar has led to special benefits being available to members in respect of insurance, superannuation and banking. This close relationship has been evidenced again by Suncorp being the Conference principal Sponsor for the sixth time. Peter Steele is representing Suncorp at the Conference and would be pleased to assist you with any enquiries you might have. SPONSOR We welcome back as a sponsor this year – Wilson HTM – a national investment and advisory group for the private and corporate markets. Andrew Fleming and Ross Noye are representing Wilson HTM at the Conference and would be pleased to assist you with any enquiries you might have. Tulips in Chicago Welcome to the Australian Bar Association Conference Chicago 2007 In this handbook you will find general information about the Conference, the Conference Program, Speaker profiles and a list of those attending. If you have any inquiries about the Conference or tours or travel requirements please ask at the Registration and Information Desk. Glenn Martin S.C. Conference Chairman Welcome3 REGISTRATION AND INFORMATION DESK The Registration and Information desk will be located in the Florentine Room, Mezzanine Level of the Drake Hotel and will be open at the following times: Tuesday, 26 June 1200 - 1600 Wednesday, 27 June 0830 - 1500 Thursday, 28 June 0830 - 1500 Friday, 29 June 0830 - 1100 NAME BADGE You will be required to wear your name badge to obtain entry to The Drake Hotel the Official Opening, while at the Business Sessions and the Gala Dinner. -
The Victorian Bar Foundation
The Victorian Bar Foundation The Victorian Bar Foundation Limited ACN 143 603 927 Level 5, 205 William Street Melbourne 3000 June 2018 T 03 9225 7111 E: [email protected] W: www.vicbarfoundation.com.au Dear Member of the Bar, The purpose of this letter is to encourage you to donate to the Victorian Bar Foundation. The Victorian Bar Foundation was established in 2011. The Foundation is a not-for-profit organisation progressing the interests of justice in Victoria, particularly through legal education. At present the Board of the Victorian Bar Foundation comprises: The Hon Justice John Digby (Chairman), The Hon Justice Kate McMillan, The Hon Justice William Alstergren, The Hon Susan Crennan AC QC, Ross Gillies QC, John Karkar QC, Neil Young QC, Peter Jopling AM QC, Paul Anastassiou QC, Stewart Anderson QC, Philip Crutchfield QC, Georgie Coleman, Justin Hooper (Honorary Secretary), Sarah Fregon (Victorian Bar Foundation Company Secretary). The Victorian Bar Foundation is the prime vehicle through which the Victorian Bar contributes to the above objective. The Foundation is quite separate and distinct from the Victorian Bar Benevolent Fund, which focuses on assisting members of counsel who are in need of such assistance. Since its establishment, the Foundation has contributed to causes including: a) the Indigenous Barristers’ Development Fund, a fund administered by the Bar’s Indigenous Lawyers Committee to assist in the retention and development of Indigenous Barristers at the Victorian Bar; b) the Menzies Foundation’s establishment -
1 Senator the Hon George Brandis Qc Attorney
SENATOR THE HON GEORGE BRANDIS QC ATTORNEY-GENERAL LEADER OF THE GOVERNMENT IN THE SENATE 30 January 2017 ADDRESS AT THE SWEARING-IN OF THE HONOURABLE SUSAN KIEFEL AC AS CHIEF JUSTICE OF AUSTRALIA HIGH COURT OF AUSTRALIA, CANBERRA May it please the Court. We gather this morning for an event of unequalled significance in the legal life of Australia: the swearing-in of a new Chief Justice. On behalf of the Government and the people of Australia, it is a privilege – and a great personal pleasure – to congratulate the Honourable Susan Kiefel on her accession to that office. May I begin by acknowledging the traditional custodians of the land on which we meet, the Ngunnawal and Ngambri people, and paying my respects to all of Australia's Indigenous peoples. As one would expect upon an occasion of this significance, a great many distinguished Australians grace us with their presence today. Might I acknowledge in particular the presence of: His Excellency the Governor-General, and Lady Cosgrove; The President of the Senate, the Honourable Stephen Parry; The Speaker of the House of Representatives, the Honourable Tony Smith; Two former Chief Justices of this Court, the Honourable Sir Gerard Brennan, and the Honourable Robert French; Four former members of this Court: the Honourable William Gummow, the Honourable Michael Kirby, the Honourable Kenneth Hayne and the Honourable 1 Susan Crennan; The Chief Justice of New Zealand, the Rt Hon Dame Sian Elias; The Chief Justice of the Federal Court, the Honourable James Allsop; The Chief Justices -
Susan Crennan*
STATUTE LAW SOCIETY PAPER LONDON, 1 FEBRUARY 2010 STATUTES AND THE CONTEMPORARY SEARCH FOR MEANING SUSAN CRENNAN* Thank you very much for the invitation to speak to you tonight. It is frequently remarked both here and in Australia that much, if not most, of the law which applies today is based on statutes. Furthermore, in Australia, the principles to be applied to statutory interpretation are largely covered by various Acts Interpretation Acts. My topic tonight is the contemporary search for meaning exemplified in current approaches to statutory interpretation as seen from an Australian viewpoint. The contemporary search for meaning in the context of statutory interpretation occurs against a particular background. In recent decades there has been a good deal of reflection and writing by philosophers, linguists and literary theorists about text, meaning, context, certainty and uncertainty. Australian academic writers on statutory interpretation have noted these recent developments. ______________________ * Justice of the High Court of Australia - 1 - They have remarked on the relevance of the works of Foucault and Derrida, the influence of deconstruction in literary theory1 and the emergence of new interpretative theories including the dynamic theory of interpretation which holds that "the meaning of a statute is not fixed until it is applied to concrete circumstances, and it is neither uncommon nor illegitimate for the meaning of a provision to change over time".2 These broader intellectual developments have, I think, injected a certain vitality into recent debates over theories of statutory interpretation. However, whether that be so or not, it can be demonstrated that contemporary approaches to statutory interpretation preclude sacrificing meaning to inflexible theories or principles. -
The High Court's Ambassadors: Latham, Dixon and Stephen Compared
THE HIGH COURT’S AMBASSADORS: LATHAM, DIXON AND STEPHEN COMPARED Introduced by the Hon Justice Susan Crennan AC Dr Philip Ayres high court of australia public lecture High Court of Australia Canberra, Courtroom 1 10 September 2014 — 6pm RSVP by 3 Sept 2014 [email protected] Inquiries (02) 6270 6893 Dr Philip Ayres by Clarendon Press Oxford and is the author of two major judicial biographies Cambridge University Press. He is a (Owen Dixon and Fortunate Voyager: Fellow of both the Royal Historical Society The Worlds of Ninian Stephen), a Prime (London) and the Australian Academy Ministerial biography (Malcolm Fraser), the of the Humanities, and a recipient of the biography of Cardinal Moran (Prince of the Centenary Medal for services to literature. Church), and the only whole-of-life scholarly He taught at the University of Adelaide, biography of Mawson, as well as books on Monash University, Vassar College and eighteenth-century British culture published Boston University. ABSTRACT On leave from the High Court of Australia, Ambassador for the Environment before Chief Justice Sir John Latham served as undertaking international mediatory roles Australia’s Minister to Japan from 1940 to in Northern Ireland and Bangladesh and 1941. Sir Owen Dixon took similar leave to leading UN missions to Cambodia and be Australia’s Minister to the United States Burma. How ably did these judges perform from 1942 to 1944. Sir Ninian Stephen, as ambassadors, and does the judicial role following his years on the Court and then augur well for the ambassadorial role? as Governor-General, served as Australian Refreshments to follow, All welcome RSVP by 3 Sept 2014 [email protected] Inquiries (02) 6270 6893. -
Australian Bar Review Ten Years in the High Court
AUSTRALIAN BAR REVIEW TEN YEARS IN THE HIGH COURT - CONTINUITY & CHANGE* The Hon Justice Michael Kirby AC CMG** WHAT IS IT REALLY LIKE? It is almost ten years since my appointment as a Justice of the High Court of Australia. Not long after I had first taken my seat, I addressed a constitutional law class at the University of Sydney. My lecture was titled "What Is It Really Like to be a Justice of the High Court of Australia?". The lecture was later published1. Now, from the advantage of a decade's service, I will describe the changes I have witnessed. A barrister who keeps abreast of the case law necessarily enters the minds of the Justices of the High Court and lives, in a sense, with their values, attitudes and habits of reasoning. Inevitably, not a few speculate on what it would be like to live and work in the great * Text of a talk given to the Bar Readers course, NSW Bar Association, Sydney, 17 October 2005. ** Justice of the High Court of Australia. 1 (1997) 19 Sydney Law Review 514. 2. courthouse in Canberra, by Lake Burley Griffin. There is nothing wrong with aspiration. Some, more ambitious, imagine themselves, decades hence, occupying one of the chambers on the ninth level of that building. However, the numbers called are very few2. In the history of the Court, I was but the fortieth Justice. When Justice McHugh leaves the Court on 31 October 2005, Justice Susan Crennan, the forty-fifth Justice will be sworn3. Forty-five is not many in little more than a century. -
I I I I I I I I 1
Bench and Bar Dinner - May 1995 I I I I I iflV1.- '. - --- I Sir Anthony addresses the (Ito r) Susan Crennan QC, President of the Australian Bar Association, assembled masses. Chief Justice Gleeson AC, Murray Tobias QC. I May Further, the definition of merit is critically dependent on one's May was a busy month. On 8 May the Honourable Justice perception of what makes a good judge: most lawyers would G.F. Fitzgerald, AC, Chief Justice of Queensland, gave a agree that it is necessary for a judge to understand the overall graduation speech in which he remarked on the process of structure of the common law, know or be able to ascertain judicial selection: and comprehend the detailed rules formulated by other judges, "Both the judicial responsibility to produce a unique Australian and reason by processes of inductive and deductive logic to jurisprudence and the values and policy choices involved in conclusions suitable for the decision of particular disputes, judicial decisions draw attention to the narrow social group such a course exposes a judicial decision-maker to the n from which judges-especially High Court and other appellate experience and wisdom manifest in prior decisions, and many judges - are drawn. While judges represent the community consider that that exhausts the judicial function. Others, as a whole, and do not, and should not, represent any section myself included, consider that such an approach also of the community, it is a legitimate criticism that the judiciary perpetuates any errors, injustices or conflicts with modem is drawn from an extremely narrow group and hence its Australian values which prior decisions involve, and that it is I opinions and perspectives on contemporary community values essential to constantly test current principles against the ideal and attitudes are distorted and limited.