Imagereal Capture
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
Sir Ninian Stephen Lecture 2003
THE HIGH COURT’S ABANDONMENT OF ‘THE TIME-HONOURED METHODOLOGY OF THE COMMON LAW’ IN ITS INTERPRETATION OF NATIVE TITLE IN MIRRIUWUNG GAJERRONG AND YORTA YORTA Sir Ninian Stephen Annual Lecture 2003 Noel Pearson Law School University of Newcastle 17 March 2003 There are fundamental problems with the way in which the High Court has interpreted native title in Australian law in its two most recent decisions: Mirriuwung Gajerrong1 and Yorta Yorta2. In the space of this lecture I will only be able to deal with three key problems: the court‟s misinterpretation of the definition of native title in section 223(1) of the Native Title Act 1993-1998 (Cth) (“Native Title Act”) the court‟s misinterpretation of how the common law treats traditional indigenous occupants of land when the Crown acquires sovereignty over their land as an injusticiable act of State the court‟s disavowal of native title as a doctrine or body of law within the common law – 1 State of Western Australia v Ward [2002] HCA 28 (8 August 2002). Referred to variously as Ward and Mirriuwung Gajerrong 2 Members of the Yorta Yorta Aboriginal Community v Victoria [2002] HCA 58 (12 December 2002) 1 and its failure to judge the Yorta Yorta people‟s claim in accordance with this body of law I will close with some views about what I think needs to be done in all justice to indigenous Australians. But before I undertake this critique, let me first set out my understanding of what Mabo3 and native title should have meant to Australians. -
Curriculum Vitae Neil Young Qc
CURRICULUM VITAE NEIL YOUNG QC Address Melbourne Ninian Stephen Chambers (Chambers) Level 38, 140 William Street, Melbourne Vic 3000 Email [email protected] Clerk Michael Green – Ph 03 9225 7864 Sydney New Chambers 126 Phillip Street, Sydney NSW 2000 Email [email protected] Clerk Ian Belshaw – Ph 02 9151 2080 Present position Queen’s Counsel, all Australian States Academic LL.B (1st class honours), University of Melbourne Qualifications LL.M Harvard, 1977 Current Member of the Court of Arbitration for Sport, Geneva, since 1999 professional Director, Victorian Bar Foundation positions Director of the Melbourne Law School Foundation Board Previous Vice-Chairman, Victorian Bar Council, September 1995 to March 1997 professional Director, Barristers’ Chambers Limited, 1994 to 1998 positions Chairman of the Victorian Bar Council, March 1997 to September 1998 President, Australian Bar Association, January 1999 to February 2000 Member, Faculty of Law, University of Melbourne, 1997 2005 Member of the Monash University Faculty of Law Selection Committee, 1998 Member of the JD Advisory Board, Melbourne University, since 1999 Member of the Steering Committee, Forum of Barristers and Advocates of the International Bar Association, January 1999 to February 2000 Member of the Trade Practices and Taxation Law Committees of the Law Council of Australia Chairman of the Continuing Legal Education Committee of the Victorian Bar, 2003 – November 2005 Justice of the Federal Court of Australia, 2005-2007 Page 1 of 2 Admission Details Barrister and Solicitor of the Supreme Court of Victoria since 3 March 1975 Practitioner of the High Court of Australia and the Federal Court since 3 April 1975 Signed the Victorian Bar Roll on 15 March 1979 Admitted as a barrister, or barrister and solicitor in each of the other States of Australia Appointment Appointed one of Her Majesty’s Counsel for the State of Victoria on 27 November to the Inner Bar 1990. -
Australian Academy of the Humanities
Australian Academy of the Humanities AUSTRALIAN ACADEMY OF THE HUMANITIES ANNUAL REPORT 2017–18 annual report 2017–18 AUSTRALIAN ACADEMY OF THE HUMANITIES ANNUAL REPORT 2017–18 This document is a true and accurate account of the activities and abridged financial report of the Australian Academy of the Humanities for the financial year 2017–18, in accordance with the reporting requirements of the Academy’s Royal Charter and By-laws, and for the conditions of grants made by the Australian Government under the Higher Education Support Act 2003 (Cth). CONTENTS The Year at a Glance iv Publications and Communications 17 From the President vi Grants and Awards 18 From the Executive Director viii International Activities 21 Governance 1 Obituaries 23 The Fellowship 3 Treasurer’s Statement 46 Policy and Research 9 Abridged Financial Statements 47 Events 12 ACKNOWLEDGEMENTS Funding for the production of this report and a number of the activities described herein has been provided by the Australian Government through the Department of Education and Training. The views expressed in this publication do not necessarily reflect the views of the Department of Education and Training. The photographs and certain identified inclusions in the text are held under separate copyright and may not be reproduced in any form without the permission of the respective copyright holders. Every reasonable effort has been made to contact relevant copyright holders for illustrative material in this report. Where this has not proved possible, the copyright holders are -
WD Scott and Co Pty Ltd the Judicial Role
341 ---------,-------SEMINARSE~nNl\R ON 01DIRECTIONS RECTIONS IN PUDLIC POLICY WEN1'WOg:ri~ .'!!'C;TEL,_'!!'C;TEL, SYDNEY, FRIDAY, 25 JUNE 1982 THE JUDICIAI.JillLL ADMINISTRATIyEADMINISTRATIVE REFORM,REFORM. THE CQU[(Ulli1lCOUlill.JlliD. GOING TOO FAR? The Bon. Mr. Justice M. D. Kirby Chairman of the Australian Law Reform Commission June 1982 . -~-~"------~-~"-----------.._------------- W.D. SCOTT AND CO., PTY LIMITED MANAGEMENT CONSULTANTS SEMINAR ON DIRECTIONS IN PUBLIC POLICY WENTWORTH HOTEL, SYDNEY, FRIDAY, 25 JUNE 1982 THE JUDICIAL ROLE, ADMINISTRATIVEADMlNISTRATIVE REFORM, THE COURTS AND GOING TOO FAR? The Hon Mr Justice M.D. Kirby Chairman of the Australian Law Reform Commission CHRISTIAN VIRTUES, THE JUDICIARY AND RETIREMENT This is a time of change in the jUdiciary.judiciary. Sir NinjanNinian Stephen, a High Court Judge,JUdge, has become Governor-General Designate. Sir Keith Aickin, a Judge of the High Court of Australia for only six years died last week. Two vacancies remain to be filled on our highest court. Judges are retiring early. A New Zealand ju'dge, Mr Justice Speight retired last month after 15 years on the bench of the SU[H'eme Court, now called the High Court of New Zealand. He is aged 60 years but he had a potential of 12 further years ahead on him in th? judicial harness. In New Zealand judges retire at 72. In Australia (save for Victoria) they retire, generaUy, at 70. Mr Justice Speight· explained '1 just feel I have had enough'. Those of you who read the pape['"spapers earlier in the week will have seen that jUdgesjudges emerged once again as number one in the Australian social status of occupations, according to an opinion poll. -
Referendum - the Australian Way
THE SEVENTH SIR JOHN QUICK BENDIGO LECTURE REFERENDUM - THE AUSTRALIAN WAY THE RT HON SIR NINIAN STEPHEN SIR JOHN QUICK LECTURE 11 OCTOBER 2000 LA TROBE UNIVERSITY, BENDIGO ISSN 1325 - 0787 The publication of the Year 2000 Lecture is generously supported by Robertson HYETTS Solicitors, Molesworth Chambers, 51 Bull Street, Bendigo. Sir John Quick was a partner in the Bendigo law firm, Quick Hyett and Rymer, later Quick and Hyett, from 1890 to 1912. From 1891 the firm practised from premises at 51 Bull Street. Robertson Hyetts are proud to be associated with the Sir John Quick Lecture. REFERENDUM - THE AUSTRALIAN WAY THE RT HON SIR NINIAN STEPHEN When asked to give this Sir John Quick Lecture I immediately thought of s.128 of our Constitution and its referendum procedure, so closely associated with John Quick, whose memory this series of lectures honours. The most intriguing thing about the Australian form of Constitutional referendum is surely how we ever came to have it formally written into our constitution. In 1900 the referendum was not only a very rare feature of constitutions world wide; it was directly opposed to the principle of representative democracy which Australia had inherited from Britain and which before federation was accepted by all six of the Australian colonies as the normal and very traditional form of government. It was that principle which Edmund Burke described when, in his speech to the electors of Bristol in 1774, he said "you choose a member indeed; but when you have chosen him, he is not a member of Bristol, but he is a Member of Parliament". -
Annual Report 2009-2010
CORPORATIONS AND MARKETS ADVISORY COMMITTEE ANNUAL REPORT 2009-2010 Corporations and Markets Advisory Committee www.camac.gov.au Corporations and Markets Advisory Committee Annual Report 2009–10 © Corporations and Markets Advisory Committee 2010 ISSN 1447 8048 (print version) ISSN 1449 0099 (on-line version) This work is copyright. Apart from any use as permitted under the Copyright Act 1968, no part may be reproduced by any process without prior written permission from the Commonwealth. Requests and inquiries concerning reproduction and rights should be addressed to the Commonwealth Copyright Administration, Attorney-General’s Department, Robert Garran Offices, National Circuit, Barton ACT 2600 or posted at http://www.ag.gov.au/cca. Contact details For information about this report or about the work of the Committee, please contact: John Kluver Executive Director Corporations and Markets Advisory Committee GPO Box 3967 SYDNEY NSW 2001 Tel: 02 9911 2950 Fax: 02 9911 2955 Email: [email protected] The Advisory Committee’s homepage is: www.camac.gov.au This report can be found at: www.camac.gov.au The Advisory Committee’s location is: Level 16 60 Margaret Street SYDNEY Level 16, 60 Margaret Street, Sydney GPO Box 3967 Sydney NSW 2001 Telephone: (02) 9911 2950 Facsimile: (02) 9911 2955 Email: [email protected] Website: www.camac.gov.au 24 September 2010 The Hon. David Bradbury MP Parliamentary Secretary to the Treasurer Parliament House CANBERRA ACT 2600 Dear Parliamentary Secretary I am enclosing the annual report for 2009–10 of the Corporations and Markets Advisory Committee. The report has been prepared in accordance with s 162 of the Australian Securities and Investments Commission Act 2001 (the ASIC Act) and the Requirements for Annual Reports for departments, executive agencies and FMA Act bodies, approved by the Joint Committee of Public Accounts and Audit in June 2010. -
2016 Victorian Legal Services Board and Commissioner Annual Report
VICTORIAN LEGAL SERVICES BOARD AND COMMISSIONER ANNUAL REPORT 2016 VICTORIAN LEGAL SERVICES BOARD + COMMISSIONER ANNUAL REPORT 2016 Ordered to be published Telephone 03 9679 8001 VICTORIAN GOVERNMENT PRINTER Local call cost 1300 796 344 September, 2016 Fax 03 9679 8101 PP No 205, Session 2014-2016 Ausdoc DX185 Melbourne Victorian Legal Services Board + Commissioner Level 5, 555 Bourke Street Email [email protected] Melbourne Victoria 3000 Board + Commissioner Website www.lsbc.vic.gov.au GPO Box 492 Board ABN 82 518 945 610 Melbourne Victoria 3001 Commissioner ABN 66 489 344 310 VICTORIAN LEGAL SERVICES BOARD + COMMISSIONER ANNUAL REPORT 2016 CONTENTS Dealing with consumer matters: Ordered to be published Telephone 03 9679 8001 CHAPTER 01 Dispute resolution and conciliation 19 VICTORIAN GOVERNMENT PRINTER Local call cost 1300 796 344 INTRODUCTION 02 Dealing with disciplinary matters: Investigations 20 September, 2016 Fax 03 9679 8101 PP No 205, Session 2014-2016 About the Victorian Legal Services Complaints finalised and outstanding 21 Ausdoc DX185 Melbourne Board and Commissioner 02 Victorian Legal Services Board + Commissioner Applications to VCAT 21 Board and Commissioner functions 03 Level 5, 555 Bourke Street Email [email protected] Removal from the roll of legal practitioners 21 Melbourne Victoria 3000 Board + Commissioner Website www.lsbc.vic.gov.au Statutory objectives and values of the Board and Commissioner 04 GPO Box 492 Board ABN 82 518 945 610 Snapshot of 2015-16 05 Melbourne Victoria 3001 Commissioner ABN 66 489 344 -
Dialogue Vol. 22, 2/2003
he Academy of the Social Sciences in Australia was established in 1971. T Previously, some of the functions were carried out through the Social Science Research Council of Australia, established in 1942. Elected to the Academy for distinguished contributions to the social sciences, the 382 Fellows of the Academy offer expertise in the fields of accounting, anthropology, demography, economics, economic history, education, geography, history, law, linguistics, philosophy, political science, psychology, social medicine, sociology and statistics. The Academy’s objectives are: · to promote excellence in and encourage the advancement of the social sciences in Australia; · to act as a coordinating group for the promotion of research and teaching in the social sciences; · to foster excellence in research and to subsidise the publication of studies in the social sciences; · to encourage and assist in the formation of other national associations or institutions for the promotion of the social sciences or any branch of them; · to promote international scholarly cooperation and to act as an Australian national member of international organisations concerned with the social sciences; · to act as consultant and adviser in regard to the social sciences; and, · to comment where appropriate on national needs and priorities in the area of the social sciences. These objectives are fulfilled through a program of activities, research projects, independent advice to government and the community, publication and cooperation with fellow institutions both within -
Religious Freedom and the Australian Constitution – Origins and Future
The Denning Law Journal 2018 Vol 30 pp 207-217 RELIGIOUS FREEDOM AND THE AUSTRALIAN CONSTITUTION – ORIGINS AND FUTURE Luke Beck (Routledge 2018) pp 178 Jocelynne A. Scutt* The most recent Australian Census, conducted by the Australian Bureau of Statistics (ABS) in 2016 (with a 95.1 per cent response rate), confirms that Australia is ‘increasingly a story of religious diversity, with Hinduism, Sikhism, Islam, and Buddhism all increasingly common religious beliefs’.1 Of these, between 2006 and 2016 Hinduism shows the ‘most significant growth’, attribut- ed to immigration from South East Asia, whilst Islam (2.6 per cent of the popu- lation) and Buddhism (2.4 per cent) were the most common religions reported next to Christianity, the latter ‘remaining the most common religion’ (52 per cent stating this as their belief). Nevertheless, Christianity is declining, drop- ping from 88 per cent in 1966 to 74 per cent in 1991, and thence to the 2016 figure. At the same time, nearly one-third of Australians (30 per cent) state they have no religion,2 this group reflecting ‘a trend for decades’ which, says the ABS, is ‘accelerating’: Those reporting no religion increased noticeably from 19% in 2006 to 30% in 2016 [with] the largest change … between 2011 (22%) and 2016, when an additional 2.2 million people reported having no religion.3 In this, there were not insignificant differences between the states: Tasmania reported the lowest religious affiliation rate (53 per cent), whilst New South Wales had the highest rate (66 per cent). Age was a significant factor, both in terms of particular religious affiliation and in the ‘no religion’ category. -
The Futility of the Great Lockdown Melodrama
Q ua dr a nt $8.90 Australia I M arch 2021 How the I highest levels V ol.65 of the police, judiciary and N o.3 politicians in Australia, M plus victim arch 2021 lobby groups, compensation The Futility of the Great lawyers, and journalists, Lockdowneter urphy Melodrama used bogus P M accusations Losing Faith in the Future of Democracy of child sexual David Martin Jones abuse to NEW China:NEW Our Generation’s Greatest Challenge persecute, Ted O’Brien convict The Indigenous Invasion of Aboriginal Australia and jail an Patrick McCauley innocent man. Australian Imams Stand Up for Sharia Mark Durie Black Lives Matter: Myths and Facts William D. Rubinstein THE PERSECUTION OF GEORGE PELL uncovers the To get their man, lawyers, judges and a Royal campaign aimed not only at personally destroying one Commission reversed long-standing legal principles, On George Pell’s Prison Journal Anne Henderson of Australia’s most influential religious leaders, but also including the presumption of innocence, the onus of of trashing the reputation of the Catholic Church. Had proof, and guilt beyond reasonable doubt. Every claim On Woody Allen Rob Long it succeeded, the campaign would have set damaging of child sexual abuse, they insisted, must be believed. On Pearl Buck Ross Terrill precedents for the rule of law in Australia. Pell spent 400 This is the story of profound injustice heaped on one days in prison before a unanimous judgment of the High individual and the social and legal damage caused by On Charles III Joe Dolce Court finally set him free. -
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 ........................ -
Annual Report 2014-2015 HAEMOPHILIA FOUNDATION AUSTRALIA
annual report 2014-2015 HAEMOPHILIA FOUNDATION AUSTRALIA Haemophilia Foundation Australia (HFA) is the national peak body which represents people with haemophilia, von Willebrand disorder and other rare inherited bleeding disorders and their families throughout Australia. HFA supports a network of state and territory Foundations in Australia and as a National Member Organisation of the World Federation of Hemophilia, HFA participates in international efforts to improve access to care and treatment for people with bleeding disorders around the world. Our Mission: to inspire excellence in treatment, care and support through representation, education and promotion of research. Our Vision: for people with bleeding disorders to lead active, independent and fulfilling lives. Our Goals: good governance effective advocacy strategic education and communication financial sustainability to advance research, care and treatment to be the trusted national organisation and recognised community expert on inherited bleeding disorders Our Governance HFA is incorporated in Victoria. Its members are each of the state/territory Haemophilia Foundations around Australia. Each Foundation is represented on the HFA Council and Council elects office-bearers from its own number. At the Annual General Meeting on 25 October 2014, a special resolution to change the HFA Constitution was considered. This had been preceded by a full consultation with members and legal advice. The HFA Council subsequently adopted a number of Constitution changes aimed at creating a smaller, more efficient and agile Council. The effect of the changes was that there would no longer be an Executive Board and each member Haemophilia Foundation would have just one representative on Council. Executive Board meetings would be replaced with up to 3 Council meetings during the year.