Mark a Robinson Sc

Total Page：16

File Type：pdf, Size：1020Kb

MARK A ROBINSON SC Summary Profile Mark is a Senior Counsel based in Sydney practising in administrative law and general law. He was a founding part-time Judicial Member of the Administrative Decisions Tribunal of New South Wales in the General Division - hearing matters on privacy and freedom of information. He served on that tribunal for seven years. For sixteen years, Mark was an occasional part-time lecturer in undergraduate “Administrative Law” in the Law Faculties of the University of Sydney and the University of New South Wales. He is lead author and editor of New South Wales Administrative Law, a two volume looseleaf service, published by Thomson Reuters since 1996 which covers Supreme Court judicial review, the NSW Civil and Administrative Tribunal (NCAT), statutory interpretation, freedom of information and privacy. Mark is editor and an author of the book Judicial Review: The Laws of Australia published in July 2014 by Thomson Reuters. His new book on NCAT comes out in July 2015 (titled NCAT – Practice and Procedure, to be published by Thomson Reuters). Mark is a member of the Council of Law Reporting for New South Wales, publishing the New South Wales Law Reports. He also served on the Law Council of Australia's Administrative Law Committee for twenty years (ending in 2010). Mark has appeared in a number of constitutional law cases and class actions. He commenced tertiary studies at Sydney University in 1977 in economics and accounting. In 1980, he studied law and mass communications at Macquarie University. He completed his degrees in 1985 and he graduated with a Bachelor of Arts/Bachelor of Laws with Honours from Macquarie University. He also had 7 years post-graduate experience in commercial litigation and legal research prior to commencing full-time practice at the NSW Bar in February 1993. Prior to coming to the Bar in Sydney, held the following positions: - Law Reform Commission of New South Wales as a Legal Consultant and Legal Officer in 1985; - High Court of Australia, Canberra, as Senior Legal Research Officer to the Justices of the Court for 2 years, from 1986 to 1987; - Chambers of the Solicitor-General for New South Wales, Mr Keith Mason QC (as he was then) as Legal Assistant to the Solicitor-General in 1989; and - Mallesons Stephen Jaques, Solicitors, as a commercial litigation solicitor in the Canberra office for 18 months from 1987 to 1989, and commercial litigation in the Sydney office for 3 years from 1990 to 1992. Mark developed a large administrative law and commercial litigation practice at Mallesons Stephen Jaques in Sydney. At the Sydney Bar, Mark has developed a practice in administrative law (State, Federal and Local Government) and in general commercial/equity law. He also undertakes work in tort and employment law. 16 June 2015 .

Copy Link

Recommended publications

The Devil's Triangle
THE DEVIL’S TRIANGLE Civil liberties and the relationship between the law, the media and the parliament Bob Debus Attorney General of New South Wales 2000-2007 Sir Frank Kitto Lecture, University of New England, November 23rd 2012. This Lecture commemorates the great figure in Australian legal history Justice Sir Frank Kitto, who served on The High Court of Australia from 1950 to 1970 and was thereupon elected Chancellor of this University. As long ago as 1998 Justice Michael Kirby used this lecture to describe not only Sir Frank’s contribution to the law but his high integrity, demonstrated for instance, in the unequivocal judgment in which he joined the majority in Communist the seminal decision to strike down the Menzies Government’s Party Dissolution Act 1950. It was the beginning of the Cold War but Kitto was immune to the politics of the situation: “…it may have been thought (although never said in those more graceful days) that Justice Kitto was a ‘capital C conservative’. His skills were in the black letter law… He had just succeeded in a substantial brief for the banks in striking down the nationalisation scheme of the former Labor Government. Yet in less than a year, he performed his function as a judge of our highest court, in accordance with his understanding of the law and the Constitution precisely and only as his learning and 1 conscience dictated.” In the period 1976 to 1982 he was inaugural Chairman of The Australian Press Council. I venture to believe that he may have grudgingly approved the national defamation law finally achieved by the Commonwealth and State Attorneys General in 2005 after years of difficult negotiation.
[Show full text]
Contact Information Areas of Practice Employment History
RICHARD LANCASTER SC Contact information Fifth Floor, St James Hall 02 8257 2557 5 / 169 Phillip Street [email protected] Sydney NSW 2000 DX 181 Sydney www.richardlancaster.com.au Clerk – Caroline Davoren [email protected] PA – Jennifer Campbell [email protected] Areas of practice As a barrister since 1997 and Senior Counsel since 2009, I have extensive experience as a trial and appellate advocate across a number of practice areas, including public law, commercial law, intellectual property, and environmental and planning law. I have regularly appeared in reported cases in the NSW Court of Appeal and Supreme Court, the Federal Court of Australia, the Land and Environment Court of New South Wales and the High Court of Australia. I also provide written advice and advice in conference for commercial and government clients including regulators, local councils, property developers and intellectual property owners. My website www.richardlancaster.com.au includes a summary of my advocacy experience and identifies recent and significant matters in which I have appeared. Employment history Barrister Senior Counsel (since September 2009) Practising full time as a barrister since February 1997 Legal Research Officer Office of the Solicitor General and Crown Advocate (NSW) February 1994 — February 1997 Research officer to the then Solicitor General (Mr Keith Mason QC) and Crown Advocate (Mr Rod Howie QC, then Ms Megan Latham). Particular experience in constitutional and administrative law, statutory interpretation, government contracts, environmental regulation and criminal appeals. Admitted as an Australian lawyer in 1994 Research assistant Justice M D Kirby AC CMG [part 1993] (Associate / Law clerk) President of the Court of Appeal, Supreme Court of NSW Tipstaff Justice B Cohen, Equity Division, Supreme Court NSW [part 1993] (Associate / Law clerk) Research in proceedings in the Equity Division (equity and commercial, probate and administration, charities and trusts).
[Show full text]
What's Plainly Wrong in Australian Law?
850 UNSW Law Journal Volume 43(3) WHAT’S PLAINLY WRONG IN AUSTRALIAN LAW? AN EMPIRICAL ANALYSIS OF THE RULE IN FARAH ANTONIA GLOVER* In Australian Securities Commission v Marlborough Gold Mines Ltd (1993) 177 CLR 485, and again in Farah Constructions Pty Ltd v Say-Dee Pty Ltd (2007) 230 CLR 89, the High Court pronounced that Australian courts must follow the decisions of appellate courts across Australia unless convinced that those decisions are ‘plainly wrong’. This article seeks to track the development and application of this rule in both a historical and modern context. It first examines the state of the law prior to Marlborough and then engages in an empirical analysis of the use of the rule since Marlborough in 1993, tracking how often the rule has been used and where divergence between jurisdictions has emerged. The results confirm the existence of a judicial system with an increased focus on, and practice of, internal consistency. This replaces the 20th century paradigm in which loyalty to Britain was prioritised over intra-Australian uniformity. I INTRODUCTION In what has become a seminal statement, in Farah Constructions Pty Ltd v Say-Dee Pty Ltd (‘Farah’),1 the High Court directed that on questions of law of national operation (ie the common law, uniform national legislation and Commonwealth legislation), the decisions of intermediate appellate courts (‘IACs’) must be followed by courts in other Australian jurisdictions unless the latter court is convinced that the IAC decision in question is plainly wrong (‘Farah plainly wrong rule’). The statement in Farah was in large part a restatement of the High Court’s earlier pronouncement in Australian Securities Commission v Marlborough Gold Mines Ltd (‘Marlborough’), where the High Court expounded an identical rule but omitted reference to the common law.2 Marlborough was the first instance in * BA/LLB (Hons) (Monash).
[Show full text]
The Saga of Egon Kisch and the White Australia Policy His Story Shows
BAR HISTORY The saga of Egon Kisch and the White Australia Policy By the Hon Keith Mason QC1 The new Commonwealth Parliament was dominated by Lieutenant Dewer, who was still married but seeking to divorce spokesmen for White Australia and its first great debate his Australian wife. It seems likely that members of the Dewer involved the Immigration Restriction Act 19012 and the Pacific family got the ear of Minister Paterson, persuading him that Island Labourers Act 1901. Support for restrictive measures she was ‘undesirable’ on a scattergun of grounds that were was overwhelming and nakedly racist. For example, Alfred never substantiated. The true reason for her exclusion was that Deakin spoke of ‘the desire that we should be one people and her entry threatened to lead to the dissolution of a ‘perfectly remain one people without the admixture of other races,’3 good Australian marriage’.10 Despite the backing of the Daily although he added that: ‘It is not the bad qualities but the good Telegraph which funded unsuccessful High Court habeas qualities of the alien races that make them dangerous to us.’4 corpus proceedings before Evatt J, Mrs Freer was bundled out Another speaker (George Pearce) retorted bluntly that ‘The of the country. By keeping Mrs Freer on board the ship as it chief objection is entirely racial’.5 Isaac Isaacs declared that ‘I steamed towards New Zealand the family managed to crush am prepared to do all that is necessary to insure that Australia the shipboard romance. By the time she got back to Australia shall be white, and that we shall be free for all time from the there was no opposition to her return, but no engagement to contamination and the degrading influence of inferior races’.6 marry either.11 There was, however, disagreement about ways and means.
[Show full text]
An Insight Into Appellate Justice in New South Wales
AN INSIGHT INTO APPELLATE JUSTICE IN NEW SOUTH WALES The Hon Justice MJ Beazley AO* President, New South Wales Court of Appeal Introduction 1 The earliest colonial judicial system in New South Wales was established by Letters Patent dated 2 April 1787,1 shortly prior to the First Fleet’s departure from England. The Letters Patent, known as the First Charter of Justice, established a Court of Civil Jurisdiction, to be constituted by the Deputy Judge-Advocate and two “fit and proper persons”, and a Court of Criminal Jurisdiction, to be constituted by the Deputy Judge-Advocate and six military personnel.2 2 The Letters Patent made provision for an appeal to the Governor, with a further right of appeal to the King in Council if more than 300 pounds was involved.3 It was nearly forty years later, in 1823, when the Charter of Justice established the Supreme Court of New South Wales and made it a court of record.4 The Charter named the first Chief Justice as Sir Francis Forbes, whom we now honour in this lecture series. 3 The Charter provided a limited right of appeal to the Privy Council from decisions of the New South Wales Court of Appeals – a body which Meagher, Gummow and Lehane point out was “a judicial body whose existence was *I wish to express my thanks to my Researchers, Hope Williams and Brigid McManus, for their research and assistance in the preparation of this paper. This paper was presented as the 2017 Francis Forbes Lecture, in the Banco Court of the Supreme Court of NSW, on 28 September 2017.
[Show full text]
The Jury in a Criminal Trial
If you have issues viewing or accessing this file contact us at NCJRS.gov. e,R~ S:-k-.- ~:2? ). NEW SOUTH WALES !IF-( ~~ LAW REFORM COMMISSION CRIMINAL PROCEDURE THE JURY IN A CRIMINAL TRIAL REPORT LRC48 1986 r t NEW SOUTH WALES LAW REFORM COMMISSION I I. i' t°g- Q9Q CRIMINAL PROCEDURE REPORT THE JURY IN A CRIMINAL TRIAL MARCH 1986 NCJRS LRC48 FEB 10 1988 ACQUI·SiTlQNS 108999 U.S. Department of Justi~e Nationattnstitute of Justice uced exactly as received from the This document has bee~ :eprod 't points of view or opinions stat~d erson or organization onglnatlng I. thors and do not necessanly fn this document are those of the ~u s of the National Institute of represent the official posItion or po ICle Justice. d this copyrighted material has been Permission to repro uce granted by forn Commj ssion Ne~JS~Q~llctt~b~W~aJL~e~s&-IT~.auw~BR£e~~m-~~~~ to the National Criminal Justice Reference SeNice (NCJRS). NCJRS system requires permis- Further reproduction outSide of the sion of the copyright owner. National Library of Australia Cataloguing-In-Publication entry NEW SOUTH WALES. Law Reform Commission. Criminal procedure report: The jury in a criminal trial. Bibliography. ISBN 0 7305 1546 X. 1. Jury-New South Wales. 2. Trial practice-New South Wales. 3. Trials-New South Wales. 4. Criminal procedure-New South Wales. 1. Title. II. Title: The jury In a criminal trial (Series: New South Wales. Law Reform Commission, L. R. C. 48). 345. 944'075 iii New South Wales Law Reform Commission To The Honourable T W Sheahan, BA, LLB, MP, Attorney General for New South Wales CRIMINAL PROCEDURE REPORT THE JURY IN A CRIMINAL TRIAL We make this Report under our reference from your predecessor, .,;" the Honourable F J Walker, gc, MP, to inquire into and review the law and practice relating to criminal procedure and, in particular, the practices and procedures relating to juries in criminal proceedings.
[Show full text]
Annual Report 2020
ANNUAL REPORT 2020 ESTABLISHMENT As was noted in previous Annual Reports, the Society has its origins in the Centenary Celebrations of the NSW Bar Association in 2002. The Society is named for Francis Forbes (1784-1841), the first Chief Justice of the Supreme Court of NSW, 1824-1837. He was knighted in 1837. The inaugural meeting of the Council of the Forbes Society was held on Monday 5 August 2002. The 'founding' members of the Society were the inaugural members of its Council and its Honorary Executive Director. The inaugural members of the Council were: . Professor Bruce Kercher of Macquarie University (President); . Justice Keith Mason AC of the NSW Court of Appeal (Senior Vice President); . Wendy Robinson QC of the NSW Bar (Junior Vice President); . Geoff Lindsay S.C. of the NSW Bar (Secretary); . Carol Webster of the NSW Bar (Treasurer); . Michael Sexton, S.C., Solicitor General of NSW; Laurie Glanfield AM, Director General of the NSW Attorney General’s Department; Mark Richardson, Chief Executive of the Law Society of NSW and Stephen Toomey of Toomey Pegg Solicitors (Members). The Honorary Executive Director of the Society is Greg Tolhurst (Executive Director of the NSW Bar Association). The current members of the Council are: . Chief Justice James Allsop AO (President) . Justice Geoff Lindsay (Senior Vice President) . Professor Mark Lunney (Junior Vice President) . Simon Chapple (Secretary) . Carol Webster SC (Treasurer) . Dr Ben Chen, David Miller, Wendy Robinson QC, and Michael Tidball (Members) In accordance with the Society’s constitution all Councillors retire at this Annual General Meeting and are eligible for re-election.
[Show full text]
To View a Century Downtown: Sydney University Law School's First
CENTURY DOWN TOWN Sydney University Law School’s First Hundred Years Edited by John and Judy Mackinolty Sydney University Law School ® 1991 by the Sydney University Law School This book is copyright. Apart from any fair dealing for the purposes of study, research, criticism, review, or as otherwise permitted under the Copyright Act, no part may be reproduced by any process without written permission. Inquiries should be made to the publisher. Typeset, printed & bound by Southwood Press Pty Limited 80-92 Chapel Street, Marrickville, NSW For the publisher Sydney University Law School Phillip Street, Sydney ISBN 0 909777 22 5 Preface 1990 marks the Centenary of the Law School. Technically the Centenary of the Faculty of Law occurred in 1957, 100 years after the Faculty was formally established by the new University. In that sense, Sydney joins Melbourne as the two oldest law faculties in Australia. But, even less than the law itself, a law school is not just words on paper; it is people relating to each other, students and their teachers. Effectively the Faculty began its teaching existence in 1890. In that year the first full time Professor, Pitt Cobbett was appointed. Thus, and appropriately, the Law School celebrated its centenary in 1990, 33 years after the Faculty might have done. In addition to a formal structure, a law school needs a substantial one, stone, bricks and mortar in better architectural days, but if pressed to it, pre-stressed concrete. In its first century, as these chapters recount, the School was rather peripatetic — as if on circuit around Phillip Street.
[Show full text]
Beazley P Farewell Ceremony.Rtf
IN THE SUPREME COURT OF NEW SOUTH WALES BANCO COURT BATHURST CJ AND THE JUDGES OF THE SUPREME COURT Wednesday 27 February 2019 FAREWELL CEREMONY FOR THE HONOURABLE JUSTICE MARGARET BEAZLEY AO AS A JUDGE OF THE SUPREME COURT OF NEW SOUTH WALES 1 BATHURST CJ: Before beginning this ceremony, I would like to acknowledge the traditional custodians of the land on which we meet, the Gadigal people of the Eora nation, and pay my respects to their Elders, past, present and emerging. We should not forget their long stewardship of this country and especially the land upon which we walk today. 2 We are here this morning to mark the occasion of the Honourable Justice Margaret Beazley’s retirement as President of the Court of Appeal of the Supreme Court of New South Wales. This ceremony gives the members of this Court and the legal profession, as well as the wider community, the opportunity to show our appreciation for your outstanding contribution to our legal system and the administration of justice in this State. 3 Although it is with sadness and regret that we today bid you farewell from the Court upon which you have sat for over two decades, we do so secure in the knowledge that your commitment to tireless public service has not yet come to an end. We have no doubt that you will continue to serve in the position of Governor of New South Wales with the same empathic leadership and strong sense of fairness for which you have been known throughout your time on the bench.
[Show full text]
Introduction of the Hon Keith Mason AC QC by Dr
Introduction of the Hon Keith Mason AC QC by Dr Don Markwell (Head of College at St Paul’s College within the University of Sydney) at the first Robin Sharwood Lecture in Church Law hosted by Trinity College in conjunction with the St James’ Institute St James’ Hall, Sydney 19 April 2018 What a delight to be able to introduce so distinguished and so widely and warmly admired a lecturer as the Honourable Keith Mason AC QC at this inaugural Robin Sharwood Lecture in Church Law! My only sadness is that this is a lecture in memory of Robin Sharwood, rather than in the presence of Robin Sharwood.1 As has been mentioned, Robin Sharwood was my predecessor bar one as Warden of Trinity College in the University of Melbourne. It was my privilege to get to know him in the last 20 years of his life, including – amongst much else – to work closely with him for many years on the Management Committee of the Trinity College Theological School, who are, of course – together with the St James’ Institute – hosts of this lecture in his memory. Robin would have been profoundly honoured and quietly delighted to see a lecture on this important subject given in his honour by this exceptional lecturer, hosted by Trinity and St James’ - and he would have welcomed also the link with St Paul’s College, with its long and close ties both with St James’ and with Trinity. 1 Robin Lorimer Sharwood AM (1931-2015): Professor of Law, Australian National University (1963-65); Warden of Trinity College, University of Melbourne (1965-73); Executive Director, Victorian Law Foundation (1974-81).
[Show full text]
Publications for Hon Joseph Campbell 2020 2018 2017 2016 2015 2014 2013
Publications for Hon Joseph Campbell 2020 breach of duty by a superannuation trustee. 30th Annual Campbell, J. (2020). Book Review: 'Sir Frederick Jordan: Fire Conference of the Superannuation Committee of the Law Under the Frost' by Keith Mason (Federation Press 2019). Council of Australia: Super 2017 - Unshackling Super, Hobart, Australian Bar Review, 48, 239-242. Tas: Presentation. Campbell, J. (2020). Obligations and powers of superannuation Campbell, J. (2017). Some aspects of civil liability arising from trustees concerning situations of actual or possible conflict. breach of duty by a superannuation trustee. Australian 33rd Annual Conference of the Superannuation Committee of Superannuation Law Bulletin. the Law Council of Australia: BEAR Necessities, Adelaide, SA: Campbell, J. (2017). Some aspects of the civil liability arising Presentation. from breach of duty by a superannuation trustee. Australian Bar Campbell, J. (2020). Obligations and powers of superannuation Review, 44(1), 24-75. trustees concerning situations of actual or possible conflict. Campbell, J. (2017). The Development of Principles in Equity Australian Bar Review, 49(1), 1-53. in the Seventeenth Century. In Peter Anstey (Eds.), The Idea of Campbell, J. (2020). Obligations and powers of superannuation Principles in Early Modern Thought: Interdisciplinary trustees concerning situations of actual or possible conflict. Perspectives, (pp. 45-76). New York: Routledge. <a Australian Superannuation Law Bulletin. href="http://dx.doi.org/10.4324/9781315452692-3">[More Information]</a> Campbell, J. (2020). The new section 100A of Trustee Act 1925 (NSW): When a beneficiary is personally liable to indemnify a 2016 trustee. Journal of Equity, 14(2), 103-130. Campbell, J. (2016). Republic of Brazil and the Principles of Campbell, J.
[Show full text]
The Constitutional Role of the Solicitor-General: an Historical, Legal and Lived Portrait
The Constitutional Role of the Solicitor-General: An Historical, Legal and Lived Portrait Gabrielle Appleby LLM (Melb) LLB (Hons I) (UQ) Adelaide Law School 28 September 2012 I was, when younger, much given to films about wagon trains which braved the dangers of the unchartered plains lying westward of the settled and effete eastern seaboard of Northern America. Their dangerous journeys were imperilled by constant Indian attacks, bands of renegade whites, fires, arrows, hails of bullets and hordes of menacing bison. Vividly portrayed in bloody detail was the heart- rending destruction of other adventurers less fortunate or less skillfully guided. Always a bearded, wise, alert, quick-thinking wagon master led the train. He rose to every challenge, surmounted every danger and dominated every crisis. He was assisted, if you could so describe his role, by a half-caste Indian scout who, when danger threatened, was summoned to locate, pacify, mislead or fight – of course, off camera – the hostile, cunning and noble Indians. They were led of course by a wise, brave, handsome and handsomely head-dressed chief who always raised his right hand in a vaguely Nazi salute and said “How!” whenever spoken to, speaking, or seemingly thinking. Oh my prophetic soul! Little did I realize that these films were allegories of ten years of my life. The wagon train of course the Commonwealth Government, the Indians – the courts, the States and all the citizens of Australia – the bearded wagon master the Attorneys-General past, and may I say it, present, and the half- breed scout is of course the Solicitor-General.
[Show full text]