National Library of Australia Annual Report 2008-2009
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Private Law and Grave Historical Injustice: the Role of the Common Law
Private Law and Grave Historical Injustice: The Role of the Common Law Simone Degeling (UNSW Australia) and Kit Barker (UQ)* Abstract This article reclaims an important role for the common law in cases of grave historical injustice. As we conceive it, ‘grave historical injustice’ consists in serious, widespread instances of wrongdoing which, for institutional, social, political or other reasons, has remained unaddressed and un-redressed for long periods of time. Contemporary examples in Australia include the abuse of vulnerable individuals within the Catholic Church and Australian Defence Force and the historic theft of wages from Aboriginal peoples. There are many other examples across societies and nations. Contemporary discourse assumes that private law has little or nothing to contribute to the debate about how to deal with such cases, on account of the expense and delay involved in litigation and technical obstructions internal to private law’s own doctrines. It focuses instead on extra-legal political and administrative measures such as apologies, public inquiries, and limited reparation schemes, on the basis that these offer victims of injustice a quicker, more satisfactory solution. Here, we reclaim an important role for private law and its underlying normative framework of corrective justice in informing and enhancing the design of reparations schemes current and future, so as to accord victims a fuller and more meaningful measure of justice. ___________________________________________________________________________ I. INTRODUCTION This article reintroduces the role of the common law in cases of grave historical injustice. As we conceive it, ‘grave historical injustice’ consists in serious and widespread instances of wrongdoing which, whether by virtue of institutional, social, political or other factors, has remained unaddressed and un-redressed by the law for long periods of time. -
1 the ERROL BUDDLE STORY (PART TWO) by Eric
THE ERROL BUDDLE STORY (PART TWO) by Eric Myers ______________________________________________________________ [The following appeared in two editions of Jazz Magazine, January/February, 1983 and May/June 1983.] At the conclusion of The Errol Buddle Story (Part One), Buddle was in the United States in 1954, leading his own quintet at Klein’s jazz club, Detroit. Other than Buddle the group included Barry Harris (piano), Pepper Adams (baritone sax), Major Holley (bass), and Elvin Jones (drums). On Saturday nights, Billy Mitchell (tenor sax) was booked for a three-way battle of the saxes. NOW READ ON… e used to get a lot of people sitting in at Klein’s,” Errol remembers , “Stan Getz used to come in some times. An unknown bass player, a young guy, used to “W come in and stand up in front of the bandstand, almost begging to sit in. His name was Paul Chambers [who later made historic recordings with Miles Davis.] I think he’d only been playing several months at that time.” Buddle remembers meeting Miles Davis himself when the trumpeter was at the Blue Bird Lounge, one of Detroit’s jazz clubs. Miles invited Errol and Don Varella up to his room, where the two Australians were fascinated to see about 40 paperbacks — all Westerns — lining the mantelpiece. They asked Miles why he liked cowboy stories. He replied: “Man, I love horses”, and explained that his father had bred horses on a ranch in the South. This was shortly before Miles Davis, in a supreme act of self-will, kicked the heroin habit. “Miles told us how he was really hooked on drugs”, says Errol, “that he didn’t dig heroin, and wanted to get off it.” One night Buddle had a choice between hearing the Stan Kenton band with Zoot Sims on tenor, or Charlie Parker, who was in Detroit for one night playing at a black dance. -
Jcg Dec 2014
Jordan’s Crossing gazette edition 79 • december 2014 a magazine for Bundanoon and southern Villages Former lives Life journeys, twists and turns 16–17 22 34–35 37 45 In the History Summer Tick alert for 87th footsteps on our sport Bundanoon birthday of the Incas doorstep for CWA Bundanoon Pharmacy has recently joined PharmaSave Australia, a buying group with a membership of approximately 200 independently owned pharmacies. Our membership gives us the buying power to providep our customers with great value and a vast range of products. Look out for our next catalogue in your mailbox, in-store or online at www.pharmasave.com.au. �xpect to �nd great prices on genuine designer perfumes, vitamins and all of your everyday pharmacy needs. ThisT year is all about increasing value to our customers, the catalogue adds to our price match guarantee and we have more exciting news to be revealed soon. PharmaSave Bundanoon Pharmacy Trading Hours Mon-Fri: 9am - 5pm Sat: 9am - 12pm 9 Railway Avenue, Bundanoon NSW 2578 Telephone: 02 4883 6220 SOUTHERN HIGHLANDS MODELS,update HOBBIES & GAMES CENTRE “If we don’t have what you need we can get it.” • NSW Lotteries • Newspapers & magazines • Cards & Wrap • Second-hand books • Stationery • Confectionery • Drinks & Milk • Dry Cleaning Agent now for KITES RC MODELS JIGSAWS HORNBY & SCALEXTRIC WORKING STEAM ENGINES AIRFIX & REVELL & MODELS We would like to wish all our customers a Merry Christmas from all the staff here at your local Newsagency. 7 RAILWAY AVENUE, BUNDANOON NSW 2578 1491117 Just Catz Boarding Zenta Gabrielle Zebergs Just Catz is a small boutique boarding cattery situated on NOW our quiet rural property 10 mins off the Hume Highway at OPEN beautiful Badgerys Lookout. -
Review of the Law of Trusts : a Trusts Act for New Zealand
E31(130) NovemberAugust 2013, 2010, Wellington, Wellington, New New Zealand Zealand | | REPORT REPORT 130 119 REVIEW OF THE LAW OF TRUSTS A TRUSTS ACT FOR NEW ZEALAND August 2013, Wellington, New Zealand | REPORT 130 REVIEW OF THE LAW OF TRUSTS A TRUSTS ACT FOR NEW ZEALAND The Law Commission is an independent, publicly funded, central advisory body established by statute to undertake the systematic review, reform and development of the law of New Zealand. Its purpose is to help achieve law that is just, principled, and accessible, and that reflects the heritage and aspirations of the peoples of New Zealand. The Commissioners are: Honourable Sir Grant Hammond KNZM – President Judge Peter Boshier Dr Geoff McLay Honourable Dr Wayne Mapp QSO The General Manager of the Law Commission is Roland Daysh The office of the Law Commission is at Level 19, 171 Featherston Street, Wellington Postal address: PO Box 2590, Wellington 6140, New Zealand Document Exchange Number: sp 23534 Telephone: (04) 473-3453, Facsimile: (04) 471-0959 Email: [email protected] Internet: www.lawcom.govt.nz National Library of New Zealand Cataloguing-in-Publication Data New Zealand. Law Commission. Review of the law of trusts : a trusts act for New Zealand. (Law Commission report ; no. 130) ISBN 978-1-877569-48-7 (pbk.) ISBN 978-1-877569-20-3 (PDF) 1. New Zealand. Trustee Act 1956. 2. Trusts and trustees—New Zealand. I. Title. II. Series: New Zealand. Law Commission. Report ; no. 130. 346.93059—dc 23 ISSN: 0113-2334 (Print) ISSN: 1177-6196 (Online) This paper may be cited as NZLC R130 This report is also available on the Internet at the Law Commission’s website: www.lawcom.govt.nz ii Law Commission Report The Hon Judith Collins Minister Responsible for the Law Commission Parliament Buildings WELLINGTON 29 August 2013 Dear Minister REVIEW OF THE LAW OF TRUSTS: A TRUSTS ACT FOR NEW ZEALAND (NZLC R130) I am pleased to submit to you the above Report under section 16 of the Law Commission Act 1985. -
Education Kit
Education Kit Contents About this resource .................................................................................................................................. 3 From the Curator ...................................................................................................................................... 4 Judges .......................................................................................................................................................... 5 Artist case studies ...................................................................................................................................... 6 Leon Lester ............................................................................................................................................. 7 Julia Flanagan ........................................................................................................................................ 15 Talitha Hanna ....................................................................................................................................... 25 Simon Collins........................................................................................................................................ 33 Sally West .............................................................................................................................................. 43 Merran Esson ....................................................................................................................................... -
PARKS and WILDLIFE COMMISSION of the NORTHERN TERRITORY Annual Report 2013-14
PARKS AND WILDLIFE COMMISSION OF THE NORTHERN TERRITORY Annual Report 2013-14 The Parks and Wildlife Commission of the Northern Territory is responsible for the management, protection and sustainable development of the Territory’s parks and reserves. The Commission provides high-quality, unique recreational, cultural, and natural experiences, which enhance tourism, create greater opportunities for recreation, protect important natural assets, and deliver economic benefits for the entire Northern Territory community. The Parks and Wildlife Commission works closely with a range of stakeholders to facilitate opportunities for development, while conserving the intrinsic natural and cultural values of the parks estate. The Commission also oversees the sustainable management of native wildlife throughout the Northern Territory. The Commission works closely with the community to ensure ongoing education and appropriate management of the Territory’s wildlife, through the administration of the permit system, effective management of pest wildlife, protection of native populations, and enforcement of illegal activities. Purpose of the Report The Parks and Wildlife Commission of the Northern Territory has achieved significant outcomes against our environmental, community and visitor goals. The report focuses on recognising our achievements against our strategic goals and outcomes, while also acknowledging regional highlights that have resulted in outcomes for conservation, management, visitor satisfaction, tourism, or community engagement. Pursuant to section 28 of the Public Sector Employment and Management Act, the report aims to inform Parliament, Territorians, and other stakeholders of: • The primary functions and responsibilities of the Commission; • Significant activities undertaken during the year highlighting specific achievements against budget outputs; and • The Commission’s fiscal management and performance. -
Legal Profession Regulations 2005 S.R
Version No. 004 Legal Profession Regulations 2005 S.R. No. 152/2005 Version incorporating amendments as at 8 November 2007 TABLE OF PROVISIONS Regulation Page PART 1.1—PRELIMINARY 1 1.1.1 Objective 1 1.1.2 Authorising provision 1 1.1.3 Commencement 1 PART 1.2—INTERPRETATION 2 1.2.1 Definitions 2 1.2.2 Corresponding laws 3 1.2.3 Revoked 3 1.2.4 Default determination of associate's home jurisdiction 3 1.2.5 References to forms 4 PART 2.2—RESERVATION OF LEGAL WORK AND LEGAL TITLES 5 2.2.1 Presumptions about taking or using name, title or description 5 PART 2.4—LEGAL PRACTICE BY AUSTRALIAN LEGAL PRACTITIONERS 6 2.4.1 Revoked 6 2.4.2 Completion of periods of supervised legal practice 6 PART 2.7—INCORPORATED LEGAL PRACTICES AND MULTI-DISCIPLINARY PARTNERSHIPS 8 2.7.1 Notice of termination of provision of legal services 8 2.7.2 Disqualifications and prohibitions 8 i Regulation Page PART 2.8—LEGAL PRACTICE BY FOREIGN LAWYERS 11 2.8.1 Scope of practice of foreign law 11 2.8.2 Trust money and trust accounts 12 2.8.3 Revoked 12 PART 3.3—TRUST MONEY AND TRUST ACCOUNTS 13 Division 1—Preliminary 13 3.3.1 Operation of this Part 13 3.3.2 Definitions 14 Division 2—Computerised accounting systems 14 3.3.3 Application of Division 14 3.3.4 Copies of trust records to be printed 14 3.3.5 Chronological record of information to be made 16 3.3.6 Requirements regarding computer accounting systems 16 3.3.7 Back-ups 17 Division 3—General trust accounts 18 3.3.8 Establishment of general trust account 18 3.3.9 Receipting of trust money 19 3.3.10 Deposit records for -
[T]He Poet Would Define the Amount of the Unknown Awakening in His Time in the Universal Soul
[T]he poet would define the amount of the unknown awakening in his time in the universal soul.... Poetry.. .will be in advance. Arthur Rimbaud. (Tijverything in the world exists to end in a book. The qualities required in this work - most certainly genius - frighten me as one of those devoid of them: not to stop there, and granted that the volume requires no signatory, what is it? - the hymn of the connexions between all things, harmony, and joy, entrusted with seeing divinely because the bond, limpid at will, has no expression except in the parallelism of leaves of a book before his glance. Stephane Mallarme [rjt's a faith in what used to be called in old Victorian novels 'the Divine Mystery.' I can't find a better word for it, because it is a mystery to me. All I know is that it pours down love.. .[and] I worship that with my uttermost being. Bruce Beaver 2 Introduction For critics of recent contemporary Australian poetry, the term 'New Poetry' sug• gests primarily the work of those poets published in John Tranter's 1979 anthology, The New Australian Poetry.1 According to Tranter these twenty-four poets, only two of whom are women, formed a 'loose group'2 of writers associated with various poetry readings, little magazines and small presses in Sydney and Melbourne during the late sixties and seventies.3 Although there were many little magazines and small presses associated with the period, and earlier anthologies which had gathered together achievements of the New Poets,4 to a significant extent Tranter's anthology has circumscribed for critics the boundaries of the New Poetry group, and those poets published in the anthology have attracted a measure of critical acclaim. -
Federal Register/Vol. 64, No. 214/Friday, November 5, 1999
60466 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Notices MBL Growth Fund, Inc. [File No. 811± applicant made a liquidating Institute, 1650 King Street Suite 600, 3593] distribution to its shareholders based on Alexandria, VA 22314, (703) 684±6100. Summary: Applicant seeks an order net asset value per share. No. expenses David I. Tevelin, declaring that it has ceased to be an were incurred in connection with the Executive Director. investment company. On June 22, 1999, liquidation. [FR Doc. 99±29163 Filed 11±3±99; 1:18 pm] Filing Date: The application was filed applicant made a liquidating BILLING CODE 6820±SC±M distribution to its shareholders based on on July 30, 1999. net asset value per share. Expenses of Applicant's Address: 520 Broad Street, Newark, New Jersey 07102±3111. $4,175 were incurred in connection DEPARTMENT OF TRANSPORTATION with the liquidation and were paid by MBL Variable Contract AccountÐ11 applicant. [File No. 811±5798] National Highway Traffic Safety Filing Dates: The application was Administration filed on July 22, 1999, and amended on Summary: Applicant seeks an order [Docket No. NHTSA±99±6433] September 29, 1999. declaring that it has ceased to be an investment company. On June 30, 1999, Applicant's Address: 520 Broad International Regulatory Street, Newark, New Jersey 07102±3111. applicant made a liquidating distribution to its shareholders based on Harmonization, Motor Vehicle Safety; MBL Variable Contract AccountÐ2 net asset value per share. No expenses Motor Vehicles and Motor Vehicle [File No. 811±2047] were incurred in connection with the Equipment Summary: Applicant seeks an order liquidation. -
Kenneth Slessor Science, Sex and Mr
ESTERLY stories poems reviews articles Collage-Principle in Recent Australian Writing Kenneth Slessor Science, Sex and Mr. Wells Singapore Writing in English The Mysterious Fate of the "Aagtekerke" a quarterly revi ew price two dollars registered at gpo perth fo r transmi ssion by post as a peri odical Category' B' PATTERNS VOL4 n03 Fremantle Arts Centre poetry magazine published three times a year by the Fremantle Arts Centre with the assistance of the Literature Board of the Australia Council and with support from the Western Austral ian Literary Fund Now in its fourth year, PATTERNS publishes work from all over Australia and from New Zealand. It particularly welcomes work from Western Australian poets. The Winter 1978 number just published includes writing by Thomas Shapcott, Graeme Hetherington and Hal Colebatch Single copy $150 (postage 30c) annual subscription $540 including postage order from Fremantle Arts Centre 1 Finnerty St Fremantle 6160 WESTERLY a quarterly review EDITORS: Bruce Bennett and Peter Cowan EDITORIAL ADVISORS: Margot Luke, Fay Zwicky CONSULTANTS: Alan Alexander, Swami Anand Haridas (Harry Aveling) Westerly is published quarterly by the English Department, University of Western Australia, with assistance from the Literature Board of the Ausb'alia Council and the Western Australian Literary Fund. The opinions expressed in Westerly are those of individual contributors and not of the Editors or Editorial Advisors. Correspondence should be addressed to the Editors, Westerly, Department of English, University of Western Australia, Nedlands, Western Australia 6009 (telephone 3803838). Unsolicited manuscripts not accompanied by a stamped self-addressed envelope will not be returned. All manuscripts must show the name and address of the sender and should be typed (double-spaced) on one side of the paper only. -
Chapter 1 Douglas Stewart
CHAPTER 1 DOUGLAS STEWART: THE EARLY YEARS 1925-1938 Throughout the many scholarly works that focus on Stewart’s place in Australian literature, the word that recurs in respect of Douglas Stewart’s creative work is ‘versatile’. One of its first appearances is in Nancy Keesing’s Douglas Stewart, which begins with the precise statement: ‘Douglas Stewart is the most versatile writer in Australia today ⎯ perhaps the most versatile who ever lived in this country. He is a poet whose poetry and nature as a poet are central to everything in which he excels’.93 Stewart was not only a poet whose early philosophy that the closer one moves towards nature the closer one moves towards the spirit of the earth, developed as a line of continuity which contributed to his total philosophy; this chapter focuses on Stewart’s life and poetic ambition in New Zealand until his move to Australia as an expatriate in 1938. As a mature poet he was then concerned to apply this pantheism to modern responses regarding humans and their experiences. The purpose of the introductory part of this chapter is to clarify the theme of the dissertation ⎯ Douglas Stewart’s creative impulse; the second part involves a discussion of the poet’s visit to England where he met poets Powys and Blunden. At this time he also journeyed to his ancestral home in Scotland. Upon his return to Australia in 1938 he was offered a position with Cecil Mann at the Bulletin. Stewart was also a distinguished verse dramatist, a successful editor, particularly of the Red Page of the Bulletin from 1940 to 1960,94 and a participant of some repute in journalism and publishing. -
Table of Contents Chapter 1: Professional Conduct
Table of Contents Chapter 1: Professional Conduct ........................................................................................ 4 Who is Affected by Professional Conduct obligations ................................................................. 4 What is a Profession ................................................................................................................... 4 Regulation of the Legal Profession Today ................................................................................... 4 Lawyers Practice and Ethics ........................................................................................................ 4 Ethics v Legal Ethics .................................................................................................................... 5 Core Values of the Legal Profession ............................................................................................ 5 Personal Responsibility .............................................................................................................. 5 Reconciling personal and Professional Values ............................................................................ 5 Ethical Dilemmas ........................................................................................................................ 5 Decision Making Process ............................................................................................................ 6 Chapter 2 : Lawyers, Values and Sources ..........................................................................