Judicial Impartiality
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Winterwinter June10june10 OL.Inddol.Indd 1 33/6/10/6/10 111:46:191:46:19 AMAM | Contents |
BBarNewsarNews WinterWinter JJune10une10 OL.inddOL.indd 1 33/6/10/6/10 111:46:191:46:19 AMAM | Contents | 2 Editor’s note 4 President’s column 6 Letters to the editor 8 Bar Practice Course 01/10 9 Opinion A review of the Senior Counsel Protocol Ego and ethics Increase the retirement age for federal judges 102 Addresses 132 Obituaries 22 Recent developments The 2010 Sir Maurice Byers Address Glenn Whitehead 42 Features Internationalisation of domestic law Bernard Sharpe Judicial biography: one plant but Frank McAlary QC several varieties 115 Muse The Hon Jeff Shaw QC Rake Sir George Rich Stephen Stewart Chris Egan A really rotten judge: Justice James 117 Personalia Clark McReynolds Roger Quinn Chief Justice Patrick Keane The Hon Bill Fisher AO QC 74 Legal history Commodore Slattery 147 Bullfry A creature of momentary panic 120 Bench & Bar Dinner 2010 150 Book reviews 85 Practice 122 Appointments Preparing and arguing an appeal The Hon Justice Pembroke 158 Crossword by Rapunzel The Hon Justice Ball The Federal Magistrates Court 159 Bar sports turns 10 The Hon Justice Nicholas The Lady Bradman Cup The Hon Justice Yates Life on the bench in Papua New The Great Bar Boat Race Guinea The Hon Justice Katzmann The Hon Justice Craig barTHE JOURNAL OF THE NSWnews BAR ASSOCIATION | WINTER 2010 Bar News Editorial Committee ISSN 0817-0002 Andrew Bell SC (editor) Views expressed by contributors to (c) 2010 New South Wales Bar Association Keith Chapple SC This work is copyright. Apart from any use as permitted Bar News are not necessarily those of under the Copyright Act 1968, and subsequent Mark Speakman SC the New South Wales Bar Association. -
5281 Bar News Winter 07.Indd
Mediation and the Bar Some perspectives on US litigation Theories of constitutional interpretation: a taxonomy CONTENTS 2 Editor’s note 3 President’s column 5 Opinion The central role of the jury 7 Recent developments 12 Address 2007 Sir Maurice Byers Lecture 34 Features: Mediation and the Bar Effective representation at mediation Should the New South Wales Bar remain agnostic to mediation? Constructive mediation A mediation miscellany 66 Readers 01/2007 82 Obituaries Nicholas Gye 44 Practice 67 Muse Daniel Edmund Horton QC Observations on a fused profession: the Herbert Smith Advocacy Unit A paler shade of white Russell Francis Wilkins Some perspectives on US litigation Max Beerbohm’s Dulcedo Judiciorum 88 Bullfry Anything to disclose? 72 Personalia 90 Books 56 Legal history The Hon Justice Kenneth Handley AO Interpreting Statutes Supreme Court judges of the 1940s The Hon Justice John Bryson Principles of Federal Criminal Law State Constitutional Landmarks 62 Bar Art 77 Appointments The Hon Justice Ian Harrison 94 Bar sports 63 Great Bar Boat Race The Hon Justice Elizabeth Fullerton NSW v Queensland Bar Recent District Court appointments The Hon Justice David Hammerschlag 64 Bench and Bar Dinner 96 Coombs on Cuisine barTHE JOURNAL OF THEnews NSW BAR ASSOCIATION | WINTER 2007 Bar News Editorial Committee Design and production Contributions are welcome and Andrew Bell SC (editor) Weavers Design Group should be addressed to the editor, Keith Chapple SC www.weavers.com.au Andrew Bell SC Eleventh Floor Gregory Nell SC Advertising John Mancy Wentworth Selborne Chambers To advertise in Bar News visit Arthur Moses 180 Phillip Street, www.weavers.com.au/barnews Chris O’Donnell Sydney 2000. -
Equity the Equity of Sir Frederick Jordan W M C GUMMOW *
Equity The Equity of Sir Frederick Jordan w M c GUMMOW * Perhaps the most striking feature of the history of the teaching of equity in the Sydney University Law School has been the involvement of practitioners who later joined the Bench, themselves then to deliver judgments which may have served to instruct subsequent generations of students. I mention, in particular, Sir George Rich, Mr Justice Roper, Sir Victor Windeyer, Sir Kenneth Jacobs and Sir Anthony Mason. But the strongest mark left upon the teaching of equity has been that of Sir Frederick Jordan. It was as Challis Lecturer in Equity (from 1909) that Mr Jordan prepared the first two editions of his Chapters in Equity, being, as he wrote, portions of the notes of lectures on the principles of equity delivered at the Law School in the University of Sydney. There followed four further editions, under other hands, which were used until some twenty years ago as the foundation of the equity course at the Law School. Sir Frederick Jordan also prepared for publication portions of his notes of lectures upon Administration of Estates of Deceased Persons. The third (and last) edition was prepared by the author in 1948. The teaching of that subject for over thirty years was profoundly associated with the late Mr Justice Hutley, whose dedication to the teaching of the law will, one hopes, long be remembered. Sir Frederick Jordan was appointed Chief Justice of the Supreme Court of New South Wales on 1 February 1934 and died, in office, on 4 November 1949. In the intervening period, he delivered judgments in the Full Court dealing with subjects which ranged far beyond the realm of equity. -
Melbourne's Legal Precinct
General Melbourne’s legal precinct A guide to the institutions that make up Melbourne’s legal precinct This publication highlights key legal institutions of direct interest to students, the general public and those working in the legal system. It also indicates which buildings are open to the public or offer tours for visitors. Please note that some buildings restrict the number of visitors and the areas you may visit. Others are only open to the public during Law Week in May. Members of the public can attend court hearings, except in very rare circumstances; however, be aware that all courts have security screening arrangements and do not allow photography inside their buildings. Tours of the Supreme Court of Victoria and County Court of Victoria for VCE Legal Studies students are available. To book, email [email protected]. Students can also tour the Melbourne Magistrates’ Court. To book, email [email protected]. For information about Law Week, visit www.lawweek.net.au. For information about Victoria Law Foundation’s school programs, and teacher resources, visit www.victorialawfoundation.org.au. www.Find out more at... victorialaw foundation. org.au Historic buildings Russell Street Melbourne 01 Justice Museum 377 Russell Street, Melbourne The new Russell Street Melbourne Justice Museum, developed by the National Trust, integrates three heritage buildings in the heart of Melbourne’s original legal precinct. These buildings include the Old Melbourne Gaol, the former Magistrates’ Court and the former City Watch House. The museum provides visitors with a contemporary experience through which today’s legal systems, justice networks, laws, courts and prisons can be better understood (entry fee applies). -
P E T R O S M a C a R O U N
P E T R O S M A C A R O U N A S Barrister F R E D E R I C K J O R D A N C H A M B E R S Ground Floor, 53 Martin Place, Sydney NSW 2000 DX 450 Sydney T +61 2 9229 7338 M +61 402 325 858 F +61 2 9221 6944 E [email protected] A highly motivated and driven barrister, Petros maintains a broad practice, with his core areas of focus encompassing commercial and equity, common law, family law and criminal law. Petros holds a Bachelor of Laws (with Honours) and a Bachelor of Medical Science from the University of Technology, Sydney. The combination of these two disciplines, in addition to being awarded the Roche Award for Excellence in Pharmacology at university, provides Petros with a solid foundation upon which to interpret medical evidence in the many cases in which he advises and appears. Within the spheres of his practice, Petros regularly appears in interlocutory applications, as well as in matters at both first instance and appeal (led and unled) in the Supreme, District and Local Courts of New South Wales, the Federal Circuit Court, Family Court of Australia and the NSW Court of Appeal. He appears predominantly for plaintiffs in personal injury matters, and insurers in motor vehicle property litigation, and his commercial practice sees him acting for both individuals and small companies. Other matters to which his experience extends includes worker’s compensation, wills and probate, fraud, building and construction and property. -
John Curtin's War
backroom briefings John Curtin's war CLEM LLOYD & RICHARD HALL backroom briefings John Curtin's WAR edited by CLEM LLOYD & RICHARD HALL from original notes compiled by Frederick T. Smith National Library of Australia Canberra 1997 Front cover: Montage of photographs of John Curtin, Prime Minister of Australia, 1941-45, and of Old Parliament House, Canberra Photographs from the National Library's Pictorial Collection Back cover: Caricature of John Curtin by Dubois Bulletin, 8 October 1941 Published by the National Library of Australia Canberra ACT 2600 © National Library of Australia 1997 Introduction and annotations © Clem Lloyd and Richard Hall Every reasonable endeavour has been made to contact relevant copyright holders of illustrative material. Where this has not proved possible, the copyright holders are invited to contact the publisher. National Library Cataloguing-in-Publication data Backroom briefings: John Curtin's war. Includes index. ISBN 0 642 10688 6. 1. Curtin, John, 1885-1945. 2. World War, 1939-1945— Press coverage—Australia. 3. Journalism—Australia. I. Smith, FT. (Frederick T.). II. Lloyd, C.J. (Clement John), 1939- . III. Hall, Richard, 1937- . 940.5394 Editor: Julie Stokes Designer: Beverly Swifte Picture researcher/proofreader: Tony Twining Printed by Goanna Print, Canberra Published with the assistance of the Lloyd Ross Forum CONTENTS Fred Smith and the secret briefings 1 John Curtin's war 12 Acknowledgements 38 Highly confidential: press briefings, June 1942-January 1945 39 Introduction by F.T. Smith 40 Chronology of events; Briefings 42 Index 242 rederick Thomas Smith was born in Balmain, Sydney, Fon 18 December 1904, one of a family of two brothers and two sisters. -
Local Court of New South Wales Annual Review 2019
Local Court of New South Wales Annual Review 2019 Contents Foreword by Chief Magistrate of New South Wales 2 1. An overview of the Local Court 5 Jurisdictions and Divisions 6 The Magistrates 8 Chief Magistrate’s Executive Office 14 The work of the Local Court registries 15 2. Court operations during 2019 16 Criminal jurisdiction 17 Civil jurisdiction 20 Coronial jurisdiction 21 3. Diversionary programs and other aspects of the Court’s work 25 Diversionary programs 26 Technology in the Local Court 30 4. Judicial education and community involvement 32 Judicial education and professional development 33 Legal education in the community and participation in external bodies 36 Appendices 39 The Court’s time standards 40 The Court’s committees 41 2019 Court by Court statistics 42 1 Foreword by Chief Magistrate of New South Wales At the conclusion of the foreword to the 2018 The Local Court is no longer a relatively small Annual Review I expressed the view that ingredient of our justice system confined to dealing the Local Court had reached the limit of its with relatively minor matters. This is still part of its capacity to sustain its performance against its makeup however the Court is regularly engaged in Time Standards without an increase in judicial the finalisation of a steadily increasing category of resources. The year 2019 saw no increase more and more serious criminal offences. in the number of magistrates despite advice It is not uncommon for a magistrate to find from the Court to government that to maintain themselves dealing with dishonesty or money a sensible balance between expectations and laundering offences involving sums of money in outcomes, without unduly prejudicing the the hundreds of thousands of dollars. -
International Business Law Conference 2013 Westin Resort Nusa Dua, Bali, Indonesia
International Business Law Conference 2013 Westin Resort Nusa Dua, Bali, Indonesia the international network of 19 - 20th August, 2013 independent law firms www.iblc.lawandpractice.org ADVOC, a leading network of law firms is hosting an International Business Law Conference in Bali, and we would like to invite you to join us. Date: 19 - 20th August, 2013 Location: Bali, Indonesia Hotel: Westin Resort Nusa Dua Format: 4 sessions on different topics of International Business Law, each with a Chair and 3 - 4 panellists Preconference: A day of golf on Sunday 18th August Cost: US$1100 for the Conference US$950 for ADVOC members US$200 for preconference golf Topics: Investment Laws in Business Friendly Jurisdictions and New Markets Cross-Border Insolvencies IT and Data Protection International Arbitrations and Mediation Distinguished Guest Panel Chairman - The Honorable Murray Gleeson, former Chief Justice of Australia About ADVOC ADVOC is an international network of independent law firms, harnessing international expertise in jurisdictions across the globe. Our member firms have a proven record of immediate response to the needs of clients of other members and each member is committed to ensuring that all clients are more than satisfied with the service provided. Many of our lawyers are ranked in Legal 500, Chambers and other directories as experts and are all highly regarded in their fields. For more information on ADVOC and our members, please see www.advoc.com Programme and Chairmen ADVOC have secured a number of international experts to Chair the Conference. These people are renown in their fields and we have the pleasure of their company throughout the event. -
As Time Goes by a Speech Delivered by the Hon T E F Hughes AO QC to the Justices of the Supreme Court at the Opening of the 2006 Law Term
LEGAL HISTORY As time goes by A speech delivered by the Hon T E F Hughes AO QC to the justices of the Supreme Court at the opening of the 2006 law term. Chief justice, you have asked me to of Appeal was established in 1966, Jack Slattery, his associate, (this was my speak about judges of this court before he was offended by the figurative first meeting with him) conducted me whom I have appeared. I am honoured separation of sheep and goats that the into the interview room. Any tendency by the invitation and thank you for it. new system entailed. He was not alone. on my part to be overawed by the I have decided that I must observe some There was a substantial schism which occasion was dispelled by the cordiality self-imposed ground-rules. They are: took time to heal. Some of the non- of the interviewers. anointed were heard to refer to a ◆ (with two exceptions) to say nothing However, cordiality to strangers was not particular member of the anointed as about the living; and a characteristic of Sir Frederick. He did ‘King Rat’. But Macfarlan was not given not exude warmth or geniality in ◆ to disregard the injunction de mortuis to name-calling. public; he was known as Frigidaire nihil nisi bonum so far as may be I had but one conversation with Jordan. Freddy; he could be mordant, as when necessary in the interests of candour. It was not a forensic occasion. At the in giving judgement in a divorce appeal, To look back 57 years, to 11 February end of the Second World War, I applied he described the respondent and co- 1949, the date of my admission to the unsuccessfully for one of two Rhodes respondent as having committed Bar, is a long retrospect. -
Designing the Courtroom of the Future
Designing the Courtroom of the Future Paper delivered at the International Conference on Court Excellence 27–29 January 2016 Singapore Robert McDougall* Introduction 1 In Franz Kafka’s The Trial, a bewildered protagonist known simply as ‘K’ struggles to navigate the mysterious judicial system of a state under the laws of which he is alleged to have committed an unspecified offence. As the story unfolds, K becomes increasingly unsettled and desperate. Each encounter with the maze of tribunals, courtrooms, public galleries and private offices confounds and disorients him: It was not so much finding court offices even here that shocked K, he was mainly shocked at himself, at his own naïvety in court matters. It seemed to him that one of the most basic rules governing how a defendant should behave was always to be prepared, never allow surprises, never to look, unsuspecting, to the right when the judge stood beside him to his left – and this was the very basic rule that he was continually violating. A long corridor extended in front of him, air blew in from it which, compared with the air in the studio, was refreshing. There were benches set along each side of the corridor just as in the waiting area for the office he went to himself. There seemed to be precise rules governing how offices should be equipped.1 2 For the distinguished members of this audience it might be difficult now to recall a time when you, too, experienced the unsettling sensation of being overwhelmed by the legal system’s complexity. However it must not be forgotten that for many users of the court system today, Kafka’s depiction would not be too far off the mark. -
View Annual Report
Annual Report Judicial Commission of NSW 2012–13 Judicial Commission of NSW / Annual Report 2012–13 The Judicial Commission of NSW is an independent statutory corporation formed in 1986 This annual report summarises the Contents Judicial Commission’s activities and performance for 2012–13 against 2012–13 highlights ..................................1 our main objectives, strategies and Our profile.........................................2 targets. We also report on our financial Our history ........................................3 results for the year and outline our The year in brief: key focus areas.......................4 strategic focus for 2013–14. The year ahead.....................................5 Performance results for 2012–13 .......................6 This is our 26th annual report. Last year’s annual report gained a Gold President’s foreword ................................8 Award in the 2013 Australasian Chief Executive’s message...........................10 Reporting Awards. Members of the Judicial Commission ..................12 Our executive team ................................15 This and earlier annual reports are Continuing judicial education program ...................16 available on our website at Research and sentencing program ....................26 www.judcom.nsw.gov.au Examining complaints ..............................34 Engaging with our partners ..........................42 Our people .......................................48 Our governance policies and processes ................54 The Honourable Gregory Smith -
Fortress Or Sanctuary Report
FORTRESS OR SANCTUARY? ENHANCING COURT SAFETY BY MANAGING PEOPLE, PLACES AND PROCESSES REPORT ON STUDY FUNDED BY AUSTRALIAN RESEARCH COUNCIL, LINKAGE PROJECT, LP0882179 SEPTEMBER 2014 1 SUPREME Court OF Victoria Watercolour: Noëlle Herrenschmidt COMMONWealth LAW courts, MELBOURNE (FRONT COVER) Architect: Paul Katsieris, HASSELL Watercolour: Noëlle Herrenschmidt 2 RESEARCHERS PROJECT PARTNERS Prof David Tait, University of Western Sydney Western Australian Dept of the Attorney General Prof Prasuna Reddy, University of Newcastle Family Court of Australia and Federal Circuit Court of Prof Graham Brawn, University of Melbourne Australia Prof Warwick Sarre, University of South Australia Magistrates’ Court of Victoria Prof Debra Rickwood, University of Canberra South Australia Courts Administration Authority Prof Deborah Blackman, University of NSW MyriaD Consultants A/Prof Gregory Missingham, University of Melbourne PTW Architects Prof Anne Wallace, Edith Cowan Univserity Connley Walker Pty Ltd Professor Kate Auty, University of Melbourne Lyons Architects A/Prof Alice Richardson, University of Canberra And subsequently: New Zealand Ministry of Justice RESEARCH TEAM INCLUDED: PHOTOGRAPHS FEATURED ARE COPYRIGHT ©: Dr Emma Rowden Diane Jones, PTW Architects Dr Alikki Vernon Frank Greene, FAIA, CGL Ricci Greene Associates. Vivienne Topp Jay Farbstein, PhD FAIA, Jay Farbstein & Associates. Tess Simson Wayne Martin AC OR, Chief Justice of Western Australia Mira Taitz Ray Warnes, Executive Director, Court and Tribunal Imogen Beynon Service, Department of the Attorney General, Western Mythily Meher Australia Melissa Spencer Paul Katsieris, Katsieris Origami Dr Emma Rowden Jean-Paul Miroglio Tess Simson John Kirk-Anderson, Fairfax NZ Mark Forth, Mark Forth & Associates Kawai Yeung Scott Wojan Layout by Madeleine Rowe 3 OVERVIEW OF THE REPORT Chapter One provides an introduction, background to the issues, theoretical framework and review of the historical and policy context.