1 JUDGE WILLIS, BONJON and the RECOGNITION of ABORIGINAL LAW. Janine Rizzetti Introduction the Case of R V Bonjon Could Have
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Aboriginal Australians and the Common Law
Australian Academy of Law 2020 Patron’s Address The Honourable Margaret Beazley AC QC Governor of New South Wales Aboriginal Australians and the Common Law 22 October 2020 Queen’s Square – Microsoft Teams 1 Australian Academy of Law – 2020 Patron’s Address The Honourable Margaret Beazley AC QC* Governor of New South Wales ABORIGINAL AUSTRALIANS AND THE COMMON LAW** 1. Bujari gamarruwa. Mudgingal. Babana. Gamarada. Gadigal.1 I acknowledge the Gadigal people of the Eora Nation, on whose lands I am meeting with you this evening and acknowledge their elders past, present and emerging. 2. The title of this lecture, Aboriginal Australians and the Common Law is ambitious in its potential breadth and depth. My aim in this lecture is to provide an historical exposition of what has occurred in the common law to date. Indeed, as Governor of New South Wales, it is not appropriate to do more. It has certainly been challenging but at the same time, rewarding. 3. The rightful place of Aboriginal Australians in this country is a topic in which all Australians are, or are becoming, increasingly invested. 2 However, relationship without understanding and investment without knowledge has a hollow ring. Indeed 4 decades after the end of World War II, the President of the Federal Republic of Germany said: ‘Anyone who closes his eyes to the past is blind to the present. Whoever refuses to remember the inhumanity is prone to the risks of re-infection.’3 *The Honourable Margaret Beazley AC QC is 39th Governor of New South Wales, commencing her term on 2 May 2019. -
Mabo1 Has Been Acclaimed As a Triumph of Remembering.2 the Case
Macquarie Law Journal (2006) Vol 6 25 HOW MABO HELPS US FORGET ALEXANDER REILLY I INTRODUCTION Mabo1 has been acclaimed as a triumph of remembering.2 The case acknowledged a shift in Australian history in the 1970s and 1980s towards a greater recognition of the violence of British colonisation and the extent of Aboriginal dispossession from land. It recognised for the first time a legal basis for Indigenous claims to land based on traditional associations with ‘country’3, and it established a central role for history in the determination of native title rights. The case has led to a new level of engagement between academics from the disciplines of Law and History, and new interdisciplinary work on the relationship between law and history.4 Before Mabo, the most direct overlap between Law and History in Australia was through the work of legal history scholars, predominantly legal academics who use legal documents from the past to understand society and its law, and to provide a particular historical context for analysing current developments in the law. Although legal history is drawn upon occasionally by the courts to add to their Senior Lecturer in Law, Macquarie University. Earlier drafts of this article benefited from the generous comments of Lawrence McNamara, Katherine Biber, Andrew Buck, the anonymous referees of the Macquarie Law Journal, and the careful editorial work of the student editor, Shireen Daft. My sincere thanks to Ann Curthoys, Ann Genovese and Larissa Behrendt for the opportunity to collaborate with them on their Australian Research Council funded project on the role of history in Indigenous Rights litigation. -
Fusion – Fission – Fusion Pre-Judicature Equity Jurisdiction In
M Leeming, “Fusion-Fission-Fusion: Pre-Judicature Equity Jurisdiction in New South Wales 1824- 1972 in J Goldberg et al (eds), Equity and Law: Fusion and Fission (Cambridge UP 2019), 118-143. Fusion – Fission – Fusion Pre-Judicature Equity Jurisdiction in New South Wales 1824 - 1972 Mark Leeming* Introduction Here is a vivid account of the pre-Judicature Act system which prevailed in New South Wales at the end of the nineteenth century and its origins: To the litigant who sought damages before an Equity Judge, a grant of Probate before a Divorce Judge or an injunction before a Common Law Judge, there could be no remedy. He had come to the wrong Court, so it was said. He might well have enquired on what historical basis he could thus be denied justice. It cannot be questioned that the Court required specialization to function properly and that a case obviously falling within one jurisdiction ought not to be heard by a Judge sitting in another jurisdiction. Yet from this the fallacious extension was made that a Judge sitting in one jurisdiction could not in any circumstances hear a case which ought to have originated in another jurisdiction.1 The words are those of the distinguished Australian legal historian J.M. Bennett. There is no doubt that the jurisdictions at common law and in equity came to be treated in many respects as if they were separate courts, despite the failure of sustained efforts to create a separate equity court; despite it being clear that there was a single Supreme Court of New South Wales with full jurisdiction at common law and in equity; and despite efforts by its first Chief Justice, Sir Francis Forbes, in the opposite direction. -
Some Queensland Memoir Writer^
Some Queensland Memoir Writer^. Presidential Address, by F. W. S. CUMBRAE-STEWART, B.A., B.O.L. At Annual Meeting of the Historical Society of Queensland, Friday, 30th August, 1918. Five years have passed since the inaugural meeting of this Society was held under the chairmanship of His Excellency, Sir William Macgregor, then Governor of Queensland and patron of the Society. During the time which has elapsed much history has been made, and the events which have shaken the world have not been favourable to quiet historical research, and I think that the Society must be congratulated on having maintained its existence in spite of so much that has hindered its work. Other difficulties overshadowed us. Before the first year had passed several of our members had died, and Sir William Macgregor had completed his useful and unstinted official service to the Empire. His retirement from the Governorship of Queensland removed him from us to his native;land. None of us who were privileged to be present will forget that morning when, on 15th July, 1914, he said farewell to us. Then came the war, which the wise had foretold, but the foolish ones had thought- was impossible. At one time the question of suspending the Society's operations was considered, but it was decided to carry on. When Sir Wm. Macgregor's successor arrived, he gave very ready and material help by taking the Society under his patronage. There are Others who have passed from our midst whose places we can never fill. Each year has added its toll. -
Newsletter of the Blue Mountains Association of Cultural Heritage Organisations Inc May-June 2021 ISSUE 74 ISSN 2203-4366
Heritage Newsletter of the Blue Mountains Association of Cultural Heritage Organisations Inc May-June 2021 ISSUE 74 ISSN 2203-4366 Acknowledgement of Country BMACHO acknowledges and pays respect to the past, present and future Traditional Custodians and Elders of this nation and the continuation of cultural, spiritual and educational practices of Aboriginal and Torres Strait Islander peoples. Sir Francis Forbes, first Chief Justice of NSW (1784-1841) Sir Francis Forbes was the first Chief Justice of New South Wales, appointed to oversee the reform of the administration of law and order in the colony of New South Wales, following the inquiry into the colony's affairs by Commissioner Bigge and Bigge’s subsequent reports of 1822 and 1823. Bigge's investigations began in 1819 following the far reaching changes made in the Colony by Governor Lachlan Macquarie. Before Forbes set up the court system in Australia, people were tried by legal tribunals. Bigge was keen to grant greater jurisdiction to the Local Courts which had previously been administered from England. In the early 1830s Sir Francis Forbes owned the only estate west of the Nepean River, at Emu Plains. Forbes was granted 120 acres at Emu Plains and also 2,560 acres in the Upper Hunter Valley. This land at Muswellbrook, was increased by purchase and used as a cattle run known as Skellatar (Skellater). Edinglassie, Emu Plains, by Conrad Martens 1835 The Edinglassie (or Edenglassie) land grant was at the southern end of Emu Plains, south of Jamison Creek, and upstream from the Emu Plains prison farm, being named after one of 1 HERITAGE May-June 2021 the Forbes family estates in Scotland. -
Copyright and Use of This Thesis This Thesis Must Be Used in Accordance with the Provisions of the Copyright Act 1968
COPYRIGHT AND USE OF THIS THESIS This thesis must be used in accordance with the provisions of the Copyright Act 1968. Reproduction of material protected by copyright may be an infringement of copyright and copyright owners may be entitled to take legal action against persons who infringe their copyright. Section 51 (2) of the Copyright Act permits an authorized officer of a university library or archives to provide a copy (by communication or otherwise) of an unpublished thesis kept in the library or archives, to a person who satisfies the authorized officer that he or she requires the reproduction for the purposes of research or study. The Copyright Act grants the creator of a work a number of moral rights, specifically the right of attribution, the right against false attribution and the right of integrity. You may infringe the author’s moral rights if you: - fail to acknowledge the author of this thesis if you quote sections from the work - attribute this thesis to another author - subject this thesis to derogatory treatment which may prejudice the author’s reputation For further information contact the University’s Director of Copyright Services sydney.edu.au/copyright Sound and Fury in Colonial Australia The Search for the Convict Voice, 1800-1840 ! Michael R. Wolter A Thesis for the degree of Doctor of Philosophy Department of History Faculty of Arts and Social Sciences University of Sydney March 2014 Abstract This thesis uses an aural analysis of penal-era Australia to enliven, and unsettle, discussion of convict subjectivity within penal-era historiography. The ‘search for the convict voice’, the quest to discover something of the inner-lives of figures that have transfixed Australians for generations, is expanded as well as complicated by an analysis of the sounds of penal life. -
Concerning Traditional Ecological Knowledge
COLLECTIVE LEGAL AUTONOMY CONCERNING TRADITIONAL ECOLOGICAL KNOWLEDGE: THE RIGHTS OF INDIGENOUS PEOPLES AND THEIR LINKAGES TO BIODIVERSITY CONSERVATION IN COLOMBIA AND AUSTRALIA NATALIA RODRÍGUEZ-URIBE LLB Universidad de los Andes (Bogotá–Colombia) MIntEnvLaw, LLM Macquarie University (Sydney–Australia) MACQUARIE UNIVERSITY LAW SCHOOL Macquarie University, Sydney–Australia This thesis is presented for the degree of Doctor of Philosophy in Law Submitted: August 2013 Approved: March 2014 1 COLLECTIVE LEGAL AUTONOMY CONCERNING TRADITIONAL ECOLOGICAL KNOWLEDGE NATALIA RODRÍGUEZ URIBE 2 COLLECTIVE LEGAL AUTONOMY CONCERNING TRADITIONAL ECOLOGICAL KNOWLEDGE NATALIA RODRÍGUEZ URIBE TABLE OF CONTENTS Table of Contents ................................................................................................................. i Abstract ................................................................................................................................ v Acknowledgements ............................................................................................................. vi List of Acronyms, Abbreviations and Short Titles .............................................................ix Table of Cases .....................................................................................................................xi Human Rights Treaties Ratified by Australia ................................................................. xiii Tables and Figures ............................................................................................................ -
The Hon Tf Bathurst Chief Justice
THE HON T F BATHURST CHIEF JUSTICE OF NEW SOUTH WALES FRANCIS FORBES SOCIETY AUSTRALIAN LEGAL HISTORY ‘A TOUGH NUT TO CRACK’1: THE HISTORY OF THE LEGAL PROFESSION IN NEW SOUTH WALES THURSDAY 19 SEPTEMBER 2019* INTRODUCTION 1. I would like to begin by respectfully acknowledging 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. As I will discuss later in this tutorial, the first legal system in Australia belonged to that of Australia’s Indigenous people. We acknowledge and respect the ongoing laws and customs of the traditional custodians of this land. 2. If any of you are here to hear about the development of the law of New South Wales or the history of its courts, you are sure to be disappointed. To console you there will be plenty of these lectures during the Court’s bicentenary in a few years’ time. This speech is about the profession itself, not the law, Courts or judiciary. 3. A traditional view of the advent of the legal profession in New South Wales would focus exclusively on the advent of solicitors, both free and former- convict, and barristers in the emerging penal Colony. However, far too often we conflate the start of the legal profession in New South Wales with the start of the legal profession for men. The advent of the legal profession for women did not occur until over a century later, and regrettably, even later for Australia’s Indigenous peoples. -
'Tongue of Land' Is the Wadawurrung / Wathaurong
DJILLONG Djillong: ‘tongue of land’ is the Wadawurrung / Wathaurong Aboriginal name for Geelong TIMELINE www.djillong.net.au At least 65,000 years ago Evidence of Aboriginal people living on the Australian continent and of the world’s earliest human art. (French cave painting 5,000 years ago, the Mona Lisa, 14th century) 1600s 1688 William Dampier (England) lands on the west coast of Australia. 1700s 1770 Captain James Cook (England) lands on the east coast of Australia. 1800s 1800 Lt James Grant (Lady Nelson ship) sails through Bass Strait. 1802 Dispossession in the Geelong district begins as Lieutenant John Murray takes possession of Port Phillip in King George III’s name and raises the British flag. First contact between Wadawurrung and the Europeans. William Buckley escapes from Capt. Collins’ temporary settlement at Sorrento and walks around Port Phillip Bay. Later he is invited to join the Mon:mart clan of Wadawurrung People when Kondiak:ruk 1803 (Swan Wing) declares him her husband returned from the dead. Aboriginal people believed that the dead were reincarnated in a white form. They call Buckley Morran:gurk (Ghost blood). 1820s 1824 Hume & Hovell arrive on Wadawurrung land at Corio Bay and are greeted by Wadawurrung resistance. In Tasmania settlers are authorised to shoot Aboriginal people. Martial law is declared in Bathurst (NSW) after violent clashes between settlers and Aboriginal people. 1827 Batman and Gellibrand apply to the colonial government for Kulin nation land. 1828 Martial law declared in Tasmania where the Solicitor General says ‘the Aborigines are the open enemies of the King and in a state of actual warfare against him’. -
Journal of the C. J. La Trobe Society Inc. Vol 17, No 1, March 2018 ISSN 1447‑4026 La Trobeana Journal of the C J La Trobe Society Inc Vol 17, No 1, March 2018
SPECIAL EDITION Journal of the C. J. La Trobe Society Inc. Vol 17, No 1, March 2018 ISSN 1447‑4026 La Trobeana Journal of the C J La Trobe Society Inc Vol 17, No 1, March 2018 ISSN 1447‑4026 The C J La Trobe Society Inc was formed in 2001 to promote understanding and appreciation of the life, work and times of Charles Joseph La Trobe, Victoria’s first Lieutenant‑Governor. www.latrobesociety.org.au La Trobeana is published three times a year: in March, July and November. The journal publishes peer‑reviewed articles, as well as other written contributions, that explore themes in the life and times of Charles Joseph La Trobe, aspects of the colonial period of Victoria’s history, and the wider La Trobe family. La Trobeana is kindly sponsored by Mr Peter Lovell LOVELL CHEN ARCHITECTS & HERITAGE CONSULTANTS Editorial Committee Helen Armstrong and Dianne Reilly (Honorary Editors) John Botham, Loreen Chambers, Susan Priestley, Fay Woodhouse Designer Michael Owen [email protected] For copies of guidelines for contributors contact: The Honorary Secretary: Dr Dianne Reilly AM The C J La Trobe Society P O Box 65 Port Melbourne Vic 3207 Phone: 9646 2112 Email: [email protected] FRONT COVER Thomas Woolner, 1825‑1892, sculptor Charles Joseph La Trobe, 1853 Bronze portrait medallion showing the left profile of Charles Joseph La Trobe, diam. 24cm. Signature and date incised in bronze l.r.: T. Woolner Sc. 1853: / M La Trobe, Charles Joseph, 1801‑1875. Accessioned 1894 Pictures Collection, State Library of Victoria, H5489 2 • Journal of the C J La Trobe Society Contents La Trobe and the Aboriginal People II 4 A Word from the President Reports and Notices Articles 65 Forthcoming events 5 Fred Cahir 67 Contributions welcome Charles Joseph La Trobe and his administration of the Wadawurrung, Note 1839‑1853 This edition of La Trobeana includes images and names of deceased people; it may also include 17 Maggie Black words offensive to Indigenous Australians. -
Justice at the Edge: Hearing the Sound of Silence
Kim Economides*, Aaron Timoshanko** and Leslie S Ferraz*** JUSTICE AT THE EDGE: HEARING THE SOUND OF SILENCE ABSTRACT This article examines a novel emerging trend in the access to justice movement. This latest trend is best seen as a counter-wave — or rip current — that seeks to incorporate knowledge and experience found at the periphery of the legal system in order to advance the theory and practice that underpins access to justice. Drawing on recent legal develop- ments pioneered in Aotearoa/New Zealand that grant personhood status to natural objects, we report on the Maori world view that treats natural objects in much the same way as respected family members. This new perspective is indicative of the counter-wave in action and illustrates how legal principles derived from the periphery — in this case rooted in the First Law of the Maori people — are being recognised and incorporated into the mainstream legal system, holding the potential to advance access to justice for First Nations peoples whilst also bringing other benefits to the wider society. Focusing primarily on Australia, Brazil and Canada, * Professor Emeritus, Flinders University, Honorary Professor of Law at University of Southern Queensland, Adjunct Research Fellow, Law Futures Centre, Griffith University, Australia and Visiting Professor, Department of Law, University of Cyprus ([email protected]). ** Lecturer in Law at University of Southern Queensland, Australia (https://orcid. org/0000-0002-4910-6100 | [email protected]). *** Post-Doctoral Fellow at the Graduate Program on International Relations (‘PPGRI’) at Federal University of Bahia (‘UFBA’) and empirical research consultant for organi- sations such as Institution for Economic Applied Research (‘IPEA’), the Brazilian Ministry of Justice and the United Nations Development Program (‘UNDP’) (leslie. -
Chasing the Chimera: the Rule of Law in the British Empire and the Comparative Turn in Legal History
Chasing the Chimera: The Rule of Law in the British Empire and the Comparative Turn in Legal History John McLaren This article compares the imposition, application and evolution of the Rule of Law in colonial territories and their populations within the British Empire as evidence of a ‘Comparative Turn’ in exploring metro- politan and colonial legal cultures and their interrelationships. The purpose of the study is not primarily to either justify or criticise that concept, but to suggest that its complexity, contingency and controversy provides fertile soil for research relating to law and justice, and their ideologies across the British Empire. Elsewhere there might be the sultan’s caprice, the lit de justice, judicial torture, the slow-grinding mills of the canon law’s bureaucracy, and the auto-da-fé of the Inquisition. In England, by contrast, king and magis- trates were beneath the law, which was the even-handed guardian of every Englishman’s life, liberties, and property. Blindfolded Justice weighed all equitably in her scales. The courts were open, and worked by known and due process. Eupeptic fanfares such as those on the unique blessings of being a free-born Englishman under the Anglo-Saxon-derived common law were omnipresent background music. Anyone, from Lord Chancellors to rioters, could be heard piping them (though for very different purposes).1 There is inherent value and potential in comparing the legal cultures of former British colonial territories to demonstrate the processes of the translation of legal culture and ideology, not only from the metropolis to the colonies, but between the colonies themselves, and the institutional and personal networks and trajectories that facilitated these movements.