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THE FOUNDATION OF THE MONASH LAW SCHOOL PETER BALMFORD* INTRODUCTION From 1853 to 1878, an Englishman named John Hughes Clayton practised as a solicitor in the City of Melbourne.' At the end of the working day, he was usually driven home by his coachman: a journey of about twelve miles to his property in a district known as "Old Dam~er".~In the course of time, the north-south road running past his property came to be called "Clayton's Road": the name was ultimately shortened to Clayton Road and from it derived the present name of the di~trict.~ Clayton had become a suburb of Melbourne long before 1958, when Mon- ash University was established by legislation of the Victorian Parliament.4 Nevertheless, the Interim Council of the new University was able to find there 250 acres of largely vacant land which it chose as the site on which to build.5 Sir John Monash (1865-1931), after whom the University was named, is celebrated as a soldier, as an engineer and as an administrator. He was a graduate of the University of Melbourne in Arts, Engineering and Law. He never practised as a barrister or solicitor, although, in the 1890s and the early years of the twentieth century, he appeared as an advocate in arbitrations on engineering disputes and frequently gave evidence as an expert witness in engineering and patent mattem6 This article gives an account of the foundation of the law school at Monash University, Clayton, in celebration of the twenty-five years of teaching which have now been completed. -
September 2005
THE GREEK AUSTRALIAN The oldest circulating Greek newspaper outside VEMA Greece MARCH 2015 Tel. (02) 9559 7022 Fax: (02) 9559 7033 E-mail: [email protected] DIGITAL MOSAIC Where the AncientDISCIPLINE Faith + IN 21st THE century HOME media merge SPEAKPAGE 16/34 Doxology Service for the commencement GREEK of the new academic year of St Andrew’s Theological College PAGE 3/21 IN MARCH The campaign kicked off to an impressive start Official Opening of the S.A. Greek Welfare The “Speak Greek in March” campaign kicked off to an impressive start on Sunday, Centre’s new premises March 1 in Aus tralia. The campaign aims to raise awareness among Greek Diaspora Amidst an air of excitement, His Grace Bish- members on the issue of Greek language which is slowly losing ground in the country. op Nikandros of Dorylaeon of ficially blessed and opened the South Aus tralian Greek Wel- FULL STORY ON PAGE 2/20 fare Centre’s new premises on Henley Beach Road, Torrensville, on 17 February 2015. PAGE 10/28 FIVE REASONS TO GO TO GREECE THIS SUMMER! 1 A guided tour has been worked out for you 5 Join travellers who are already booking from between June 4-20, 2015, so y ou don’t have to Melbourne, Perth, Cairns and from anywhere in think of or ganising your flight with Emir ates, Australia, with the choice of s taying overseas restaurants or hotels for 2 whole weeks. for up to 6 months on the same ticket. 2 Combine travel with spirituality and e duca- For a c opy of the brochure via emai l, or f or tion as you follow the Journe y of St P aul and further information, contact: visit Classical Greek sites with pr ofessional guides to explain everything in English. -
Melbourne University Law Review August, 2006 Article *495 Defending the Unpopular Down-Under Abbe Smith [Fna1]
30 MELULR 495 Page 1 30 Melb. U. L. Rev. 495 (Cite as: 30 Melb. U. L. Rev. 495) Melbourne University Law Review August, 2006 Article *495 Defending the Unpopular Down-Under Abbe Smith [FNa1] Copyright © 2006 by Melbourne University Law Review Association Inc.; Abbe Smith [The ethics of criminal defence lawyers and others who represent 'unpopular clients' is a largely unexplored area of legal scholarship in Australia. This article seeks to examine, from a comparative perspective, the motivations and ethical practices of these lawyers. Using interviews with Australian lawyers who represent the criminally accused, prisoners and asylum-seekers, as well as relevant ethical rules and commentary, the article identifies why lawyers undertake unpopular cases and, ultimately, what sustains them. Contrasting Australian legal practice with that in the US, the article discusses the sometimes competing professional obligations to court and client, truth and advocacy, public and profession. In a time of growing unease, the article offers new insights about how Australian lawyers see themselves and their work.] CONTENTS I Introduction ............................... 496 II Why Represent the Unpopular? ............... 504 A Professionalism ....................... 504 B Polities .............................. 521 C Personality ........................... 526 D Publicity ............................. 529 III Duty to the Court and Fealty to Truth ...... 530 IV Duty to the Client and the Bounds of Zeal .. 539 V Concluding Thoughts ........................ 547 [F]or the trial lawyer the unpopular cause is often a post of honor. Like other lawyers who try criminal cases, I have taken on many difficult cases for unpopular clients, not because of my own wishes, but because of the unwritten law that I might not refuse. -
Book 4 29, 30 and 31 October 2002
PARLIAMENT OF VICTORIA PARLIAMENTARY DEBATES (HANSARD) LEGISLATIVE ASSEMBLY FIFTY-FOURTH PARLIAMENT FIRST SESSION Book 4 29, 30 and 31 October 2002 Internet: www.parliament.vic.gov.au/downloadhansard By authority of the Victorian Government Printer The Governor JOHN LANDY, AC, MBE The Lieutenant-Governor Lady SOUTHEY, AM The Ministry Premier and Minister for Multicultural Affairs ....................... The Hon. S. P. Bracks, MP Deputy Premier and Minister for Health............................. The Hon. J. W. Thwaites, MP Minister for Education Services and Minister for Youth Affairs......... The Hon. M. M. Gould, MLC Minister for Transport and Minister for Major Projects................ The Hon. P. Batchelor, MP Minister for Energy and Resources and Minister for Ports.............. The Hon. C. C. Broad, MLC Minister for State and Regional Development, Treasurer and Minister for Innovation........................................ The Hon. J. M. Brumby, MP Minister for Local Government and Minister for Workcover............ The Hon. R. G. Cameron, MP Minister for Senior Victorians and Minister for Consumer Affairs....... The Hon. C. M. Campbell, MP Minister for Planning, Minister for the Arts and Minister for Women’s Affairs................................... The Hon. M. E. Delahunty, MP Minister for Environment and Conservation.......................... The Hon. S. M. Garbutt, MP Minister for Police and Emergency Services and Minister for Corrections........................................ The Hon. A. Haermeyer, MP Minister for Agriculture and Minister for Aboriginal Affairs............ The Hon. K. G. Hamilton, MP Attorney-General, Minister for Manufacturing Industry and Minister for Racing............................................ The Hon. R. J. Hulls, MP Minister for Education and Training................................ The Hon. L. J. Kosky, MP Minister for Finance and Minister for Industrial Relations.............. The Hon. J. J. -
THE FOURTH TONY FITZGERALD MEMORIAL LECTURE 23 June
THE FOURTH TONY FITZGERALD MEMORIAL LECTURE 23 June 2016 NORTHERN TERRITORY LIBRARY, DARWIN LEX LASRY It is very nice to be in Darwin in June where the weather is so much kinder. It is appropriate for me to say at the beginning that, unlike probably all of you, I did not know Tony Fitzgerald and my links with Darwin are only very occasional. It has been something like 10 years since I was last here. Unlike a number of Victorian barristers I was not part of the Frank Vincent/John Coldrey efforts in the Northern Territory, though of course I admired their efforts, which were extensive. In speeches in Melbourne, Coldrey regularly tells the story of their involvement in the trial of the so-called Huckitta Station 5 in the case of Collins and others in 1979 along with John Dee, Dyson Hore-Lacy and Peter Waye from South Australia. I will return broadly to that topic a little later. I should say that one of Coldrey’s claims to fame is that he says he lost the last murder trial conducted in the old Alice Springs court house and also the first one conducted in the new one. So, it is an honour to be invited to give this lecture and to be among Northern Territory legal professions as I know there are some big issues about the criminal justices system here. Sadly I will never again be able to share your Bali conference much as I enjoyed it when I did attend a few years ago. I know Tony Fitzgerald was born in Sydney and practiced law initially in Melbourne. -
Challenges of Social Media for Courts & Tribunals
Issues Paper for a Symposium Challenges of Social Media for Courts & Tribunals Dr Marilyn Bromberg-Krawitz May 2016 The Author Dr Marilyn Bromberg-Krawitz, PhD, LLB (Dist), BBA (Hon), Grad Cert University Teaching is a Senior Lecturer at The University of Notre Dame Australia, Law School (Fremantle Campus) and a practising lawyer. Acknowledgements Many thanks to Professor Greg Reinhardt, Mr Christopher Roper AM, Ms Tanya Musgrove, Ms Leah Findlay and Ms Justine Howard for providing feedback on this issues paper. Dedication This issues paper is dedicated to Mr Kennedy Krawitz. © The Australasian Institute of Judicial Administration, Inc. and the Judicial Conference of Australia, Inc. 2016. i Table of Contents 1. Introduction ................................................................................................................. 1 2. What is Social Media and how it Works ........................................................................ 2 3. When Judicial Officers and Tribunal Members (and their Families) Personally Use Social Media - the Potential Benefits and Risks ....................................................................... 6 a. The Benefits ....................................................................................................................6 b. The Risks.........................................................................................................................7 c. Should Judicial Officers Use Social Media in a Personal Capacity? .....................................9 d. Judges Becoming -
Victorian Bar News
162 VICTORIAN BAR NEWS BAR VICTORIAN ISSUE 162 SUMMER 2017 Slow boat to Shanghai VICTORIAN Ingrid Braun Teaching advocacy BAR far away NEWS Campbell Thomson Everything is orange: my year in Amsterdam Morgan Brown The Travel Issue SUMMER 2017 162 Meet the new Chief Justice of the Supreme Court of Victoria Our Corporate Programme rewards are engineered around You. Mercedes-Benz vehicles are the choice of those who demand the best. Our Corporate Programme is designed to make ownership easier for you. As a privileged member the rewards available to you include: • Reduced dealer delivery fee^ • Complimentary scheduled servicing* • Total of 4 years Mercedes-Benz roadside care Take advantage of the benefits today. Call 1800 888 170 or visit www.mercedes-benz/corporate Corporate Programme is subject to eligibility. * Up to 3 years or 75,000km from new (whichever comes first). AMG (excluding V12 vehicles) 3 years or 60,000 km from new (whichever comes first). All V12 vehicles 3 years or 50,000km from new (whichever comes first). ^ Not applicable to all models. ISSUE 162 SUMMER 2017 VICTORIAN BAR NEWS Editorial News and Views Big shoes to fill 7 42 Winemakers at the Bar THE EDITORS CAMPBELL THOMSON Letters to the editors 9 44 Teaching Advocacy far away CAMPBELL THOMSON President’s report 10 JENNIFER BATROUNEY QC 47 Barristers on the move: Is a change as good as a holiday? CEO’s report 15 JENNIFER BATROUNEY QC 47 Perth is where the heart is HELEN TIPLADY Welcome — The Hon. 17 Anne Ferguson 10 48 Moving to Amsterdam BANJO MCLACHLAN MORGAN BROWN 50 Slow boat sabbatical Around town INGRID BRAUN Warren CJ farewell dinner 18 52 Moving to the Brisbane Bar MARK COSTELLO BEN GARDINER Victorian Bar Legends 20 53 A view of Sydney — Dress Codes SIOBHÁN RYAN ED HEEREY Farewell to the Hon. -
Bali Nine Deserve Help, Says Australian Judge
AUSTRALIAN FOUNDING PRESIDENT : THE RT. HON . SIR OWEN DIXON PC, OM, GCMG PRESIDENT : THE HON . JUSTICE LEX LASRY INTERNATIONAL VICE -PRESIDENTS : HON . JUSTICE ELIZABETH HOLLINGWORTH HON . JUDGE MARK TAFT COMMISSION OF JURISTS CHAIR : GLENN MCGOWAN SC -VICTORIA - SECRETARY -GENERAL : MELANIE SZYDZIK Tel: 9225 8414 Fax: 9670 7086 ASSISTANT SECRETARY -GENERAL : [email protected] PHILLIPA MCCORMACK TREASURER : C/- List A, 205 William St MEDIA RELEASE SARA LAW Melbourne 3000 Sunday 19 June 2011 www.vic.icj-aust.org.au BALI NINE DESERVE HELP, SAYS AUSTRALIAN JUDGE The rejection of Andrew Chan’s final appeal on Friday means that this Australian will be executed in Indonesia unless presidential clemency is exercised. The Australian Government has said it will help Chan apply for clemency. The Indonesian president, Susilo Bambang Yudhoyono, has publicly said many times he is disinclined to exercise clemency in drug cases. President of the International Commission of Jurists in Victoria, Justice Lex Lasry, stated: “The very idea that a Government of any country could imagine that the premeditated killing of a reformed prisoner was civilised, appropriate or in any way proportionate to the offender’s wrong doing still amazes me. The Australian Government must use every aspect of its influence with Indonesia to prevent this young man from being executed. I would also assume and hope that such a position will be strongly bipartisan." Justice Lasry continued “all civilized countries should recognise and comply with Article 3 of the Universal Declaration of Human Rights which gives everyone the right to life. This is the most fundamental human right there is. -
Is a Publication of Janet Clarke Hall, the University of Melbourne, Royal Parade Parkville 3052 Victoria Australia
Luce Luce Number 16, 2017 (incorporating the Janet Clarke Hall Newsletter) is a publication of Janet Clarke Hall, The University of Melbourne, Royal Parade Parkville 3052 Victoria Australia. ABN 41 004 522 589 Janet Clarke Hall 1 L UCE FROM THE P RINCIPAL Our front cover Blue for a cure Speaking in Chapel Director of Studies Mrs Donna Davies and Chair of Council Ms Margie Richardson. Donna served as Acting Principal From the Principal during Dr Powell’s return to work As with people, institutions have times when they have to find circumstances facing our students as the University and the resilience in challenging circumstances. 2017 was a complex tertiary sector undergo a period of flux. year for the College and for me personally, as my own prolonged absence through a major back injury put strain on The damage done by sexual violence confronts us all. As my small staff, as we embraced our largest student intake in Principal of Australia’s first university college for women, I recent decades. am particularly aware of the duty of care imposed upon Janet Clarke Hall in taking young women, and men, into our care Armed with resilience, we met with great sadness the death at a time of remarkable creativity but also fragility in their of a number of the most distinguished members of our JCH lives. Our response to the AHRC ‘Change the Course’ Report ‘family’ including former Principal Sister Margaret Dewey and comes after a long period of introspection flowing initially College Fellows Hon. Rosemary Balmford and Dr Margaret from the 2011 Broderick Reviews. -
VICTORIAN BAR NEWS No
VICTORIAN No. 139 ISSN 0159-3285BAR NEWS SUMMER 2006 Appointment of Senior Counsel Welcomes: Justice Elizabeth Curtain, Judge Anthony Howard, Judge David Parsons, Judge Damien Murphy, Judge Lisa Hannon and Magistrate Frank Turner Farewell: Judge Barton Stott Charles Francis Talks of County Court Judges of Yesteryear Postcard from New York City Bar Welcomes Readers Class of 2006 Milestone for the Victorian Bar 2006–2007 Victorian Bar Council Appointment and Retirement of Barfund Board Directors Celebrating Excellence Retiring Chairman’s Dinner Women’s Legal Service Victoria Celebrates 25 Years Fratricide in Labassa Launch of the Good Conduct Guide Extending the Boundary of Right Council of Legal Education Dinner Women Barristers Association Anniversary Dinner A Cricket Story The Essoign Wine Report A Bit About Words/The King’s English Bar Hockey 3 ���������������������������������� �������������������� VICTORIAN BAR NEWS No. 139 SUMMER 2006 Contents EDITORS’ BACKSHEET 5 Something Lost, Something Gained 6 Appointment of Senior Counsel CHAIRMAN’S CUPBOARD 7 The Bar — What Should We be About? ATTORNEY-GENERAL’S COLUMN 9 Taking the Legal System to Even Stronger Ground Welcome: Justice Welcome: Judge Anthony Welcome: Judge David WELCOMES Elizabeth Curtain Howard Parsons 10 Justice Elizabeth Curtain 11 Judge Anthony Howard 12 Judge David Parsons 13 Judge Damien Murphy 14 Judge Lisa Hannon 15 Magistrate Frank Turner FAREWELL 16 Judge Barton Stott NEWS AND VIEWS 17 Charles Francis Talks of County Court Judges Welcome: Judge Damien Welcome: Judge -
5568 Law Matters
LAW Matters NEWS FROM THE MONASH LAW SCHOOL COMMUNITY ISSUE 1/09 FEATURE: INSIDE: Corporate Insolvency Mick Dodson, Australian of the Year Going International Prato Piazza, Prato, Italy www.law.monash.edu Features: Dean’s message 1 Australia Day Honours Monash alumnus Professor Mick Dodson AM (BJuris 1974, LLB 1978) is the 2009 Australian of the Year. It may come as a surprise to the Monash Law School community to learn that over 250 students are enrolled in our JD program. 2 Prize Ceremony The Faculty of Law at Monash is often thought of as Also in this issue we highlight the many ways in which an undergraduate law school, and indeed its teaching our students can participate in international programs Monash Law School load is primarily found in its undergraduate combined such as the Prato and Malaysia study abroad recently held courses and the undergraduate LLB. Nearly 900 programs, international exchanges and internships the annual Prize students are enrolled in the very popular Arts/Law and volunteer programs. In 2009, over 100 of our Ceremony at the course, nearly 600 in the Commerce/Law course and students will join with 70 students from five partner ANZ Pavilion at the around 700 are enrolled in our undergraduate LLB. universities to study 16 international, comparative or Victorian Arts Centre. European law subjects in Prato. We estimate that by However, since 2002, Monash has offered a graduate the time they graduate, nearly half of each graduating entry law degree, taught at our city premises in a cohort will have had some form of international 5 Corporate Insolvency trimester format, completely separate from the experience. -
VICTORIAN BAR NEWS WINTER 2021 ISSUE 169 WINTER 2021 VICTORIAN BAR Editorial
169 VICTORIAN BAR NEWS BAR VICTORIAN ISSUE 169 WINTER 2021 Sexual The Annual Bar VICTORIAN Harassment: Dinner is back! It’s still happening BAR By Rachel Doyle SC NEWS WINTER 2021 169 Plus: Vale Peter Heerey AM QC, founder of Bar News ISSUE 169 WINTER 2021 VICTORIAN BAR editorial NEWS 50 Evidence law and the mess we Editorial are in GEOFFREY GIBSON Not wasting a moment 5 54 Amending the national anthem of our freedoms —from words of exclusion THE EDITORS to inclusion: An interview with Letters to the Editors 7 the Hon Peter Vickery QC President’s message 10 ARNOLD DIX We are Australia’s only specialist broker CHRISTOPHER BLANDEN 60 2021 National Conference Finance tailored RE-EMERGE 2021 for lawyers. With access to all major lenders Around Town and private banks, we’ll secure the best The 2021 Victorian Bar Dinner 12 Introspectives JUSTIN WHEELAHAN for legal professionals home loan tailored for you. 12 62 Choices ASHLEY HALPHEN Surviving the pandemic— 16 64 Learning to Fail JOHN HEARD Lorne hosts the Criminal Bar CAMPBELL THOMSON 68 International arbitration during Covid-19 MATTHEW HARVEY 2021 Victorian Bar Pro 18 Bono Awards Ceremony 70 My close encounters with Nobel CHRISTOPHER LUM AND Prize winners GRAHAM ROBERTSON CHARLIE MORSHEAD 72 An encounter with an elected judge Moving Pictures: Shaun Gladwell’s 20 in the Deep South portrait of Allan Myers AC QC ROBERT LARKINS SIOBHAN RYAN Bar Lore Ful Page Ad Readers’ Digest 23 TEMPLE SAVILLE, HADI MAZLOUM 74 No Greater Love: James Gilbert AND VERONICA HOLT Mann – Bar Roll 333 34 BY JOSEPH SANTAMARIA