2020 Annual Report
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Adelaide Adelaide Law Law ReviewReview 2015 2015 Adelaide Law Review 2015 TABLETABLE OF OF CONTENTS CONTENTS ARTICLES THEArronTHE 2011 Honniball 2011 JOHN JOHN BRAY BRAY ORATIONPriv ORATIONate Political Activists and the International Law Definition of Piracy: Acting for ‘Private Ends’ 279 DavidDavid Irvine Irvine FreeFrdomeedom and and Security: Security: Maintaining Maintaining The The Balance Balance 295 295 Chris Dent Nordenfelt v Maxim-Nordenfelt: An Expanded ARTICLESARTICLES Reading 329 THETHE UNIVERSITY UNIVERSITY OF OF ADELAIDE ADELAIDE JamesTrevorJames Allan Ryan, Allan and andProtecting Time Time and and Chance the Chance Rights and and theof the ThosePrevailing Prevailing with Orthodoxy Dementia Orthodoxy in in ADELAIDEADELAIDE LAW LAW REVIEW REVIEW AnthonyBruceAnthony Baer Senanayake Senanayake Arnold ThroughLegalLegal Academia AcademiaMandatory Happeneth Happeneth Registration to Themto Them of All All — —A StudyA Study of theof the Top Top Law Law Journals Journals of Australiaof Australia and and New New Ze alandZealand 307 307 ASSOCIATIONASSOCIATION and Wendy Bonython Enduring Powers? A Comparative Analysis 355 LaurentiaDuaneLaurentia L McOstler McKessarKessar Legislati Three Three Constitutionalve Constitutional Oversight Themes of Themes a Bill in theofin theRights: High High Court Court Theof Australia:of American Australia: 1 SeptemberPerspective 1 September 2008–19 2008–19 June June 201 20010 387347347 ThanujaKimThanuja Sorensen Rodrigo Rodrigo To Unconscionable Leash Unconscionable or Not Demands to Demands Leash -
AUSTRALIAN INSTITUTE for MACHINE LEARNING Adelaide.Edu.Au/Aiml WELCOME
Partnership profile AUSTRALIAN INSTITUTE FOR MACHINE LEARNING adelaide.edu.au/aiml WELCOME. ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING ALIGN TO THE UNIVERSITY’S STRATEGIC RESEARCH PLAN, ENSURING THAT WE CAN SUCCESSFULLY MAINTAIN OUR POSITION AS WORLD-LEADING EXPERTS IN THESE FIELDS. The University of Adelaide’s institutes are globally recognised for their research quality and extensive connections with industry, 2 Welcome government and the wider community. This was reflected in the federal government’s 2016 National Survey of Research 4 About the Institute Commercialisation, which showed we are ranked number 5 Australian university in total value of contracts, consultancies and 6 Research with impact collaborations in Australia. Although a new Institute by name, the Australian Institute for 8 Meet our Director Machine Learning was formed from the Australian Centre for Visual Technologies (ACVT), a group with a long history 10 Expertise in action of delivering high-impact fundamental and applied research. ACVT’s many years of success and experience has formed the 12 Innovations in play core of what is now known as AIML. The Institute has grown exponentially to become the largest 15 How we can help machine learning and computer vision group in the country, with over 120 members, boasting outstanding research expertise, state 15 Contact us of the art facilities, high achieving students and recognised on a global scale. Machine learning underpins the business models of the largest corporations and has the potential to deliver massive, social, economic and environmental benefits. Our world-class research strengths lie in machine learning and the methods that support this; artificial intelligence, computer vision and deep learning. -
University of Tasmania Living Values Pilot Project
University of Tasmania Report on engagement with the Magna Charta Observatory’s Living Values Pilot Project Living our Values in Higher Education Institutions: A Self-Evaluation Instrument for Universities Professor Margaret Otlowski, Pro Vice-Chancellor, Culture and Well-being Dean Mundey, Senior Advisor: Project Manager 6 July 2018 1 1. The University of Tasmania 1.1 Introduction to the University of Tasmania The University of Tasmania is based in Tasmania, Australia’s island state, located south of the mainland and the last significant landmass before Antarctica. Established in 1890, it is the fourth oldest university in Australia (of 39 Australian universities). Tasmania is home to 520,000 people, and the University currently has over 35,000 students, with more than 6,000 international students from 80-plus countries. A major employer for Tasmania, the University has approximately 2,400 full- time equivalent employees. As the only university based in Tasmania we offer a broad and diverse range of degrees, with more than 100 undergraduate degrees and over 150 postgraduate programs. The University has four colleges and three specialist institutes: • College of Arts, Law and Education • College of Health and Medicine • College of Sciences and Engineering • College of Business and Economics (publically known as the Tasmanian School of Business and Economics) • Australian Maritime College • Institute of Marine and Antarctic Studies • Menzies Institute for Medical Research The University College is a new entity, commencing in 2017, offering a suite of associate degrees and enabling programs opening up new educational opportunities for more Tasmanians. Our three Tasmanian-based campuses are in Hobart (the capital city, located in the south of the state), Launceston (Northern Tasmania’s major city) and Burnie (in North-West Tasmania). -
Our Processes Did Not Protect People, We Are Sorry
Friday, 11 December 2020 University: Our processes did not protect people, we are sorry The University of Tasmania today released its response to a review covering the period of former Vice-Chancellor Professor Peter Rathjen. The review was commissioned in August in the wake of an ICAC South Australia investigation which found Professor Rathjen engaged in serious misconduct with two female staff members while Vice-Chancellor at the University of Adelaide. Alumna and respected barrister Maree Norton, who has experience dealing with similar reviews, was engaged to provide an independent review of the University of Tasmania’s management of issues surrounding Peter Rathjen’s leadership. Ms Norton reviewed 11 complaints, 3 of which related directly to the former Vice- Chancellor. The remaining 8 related to workplace culture more broadly and people’s treatment within the University during Professor Rathjen’s tenure as Vice-Chancellor. Themes in the complaints include sexual misconduct, bullying, discrimination and failures in complaints systems and handling. The University of Tasmania Council has issued a formal apology to victims and survivors from the period. University Chancellor Michael Field AC said the University would accept and implement each of the recommendations arising from the Review by July 1, 2021. “The University Council is ultimately responsible for the wellbeing of people of the University,” Chancellor Field said. “This Review has highlighted that as an institution we failed in these responsibilities. Our systems and processes -
THE ADELAIDE LAW REVIEW Law.Adelaide.Edu.Au Adelaide Law Review ADVISORY BOARD
Volume 40, Number 3 THE ADELAIDE LAW REVIEW law.adelaide.edu.au Adelaide Law Review ADVISORY BOARD The Honourable Professor Catherine Branson AC QC Deputy Chancellor, The University of Adelaide; Former President, Australian Human Rights Commission; Former Justice, Federal Court of Australia Emeritus Professor William R Cornish CMG QC Emeritus Herchel Smith Professor of Intellectual Property Law, University of Cambridge His Excellency Judge James R Crawford AC SC International Court of Justice The Honourable Professor John J Doyle AC QC Former Chief Justice, Supreme Court of South Australia Professor John V Orth William Rand Kenan Jr Professor of Law, The University of North Carolina at Chapel Hill Professor Emerita Rosemary J Owens AO Former Dean, Adelaide Law School The Honourable Justice Melissa Perry Federal Court of Australia The Honourable Margaret White AO Former Justice, Supreme Court of Queensland Professor John M Williams Dame Roma Mitchell Chair of Law and Former Dean, Adelaide Law School ADELAIDE LAW REVIEW Editors Associate Professor Matthew Stubbs and Dr Michelle Lim Book Review and Comment Editor Dr Stacey Henderson Associate Editors Kyriaco Nikias and Azaara Perakath Student Editors Joshua Aikens Christian Andreotti Mitchell Brunker Peter Dalrymple Henry Materne-Smith Holly Nicholls Clare Nolan Eleanor Nolan Vincent Rocca India Short Christine Vu Kate Walsh Noel Williams Publications Officer Panita Hirunboot Volume 40 Issue 3 2019 The Adelaide Law Review is a double-blind peer reviewed journal that is published twice a year by the Adelaide Law School, The University of Adelaide. A guide for the submission of manuscripts is set out at the back of this issue. -
NEWS RELEASE for Immediate Release: 30 January 2018 New Home for Grapevine Virus Testing
NEWS RELEASE For immediate release: 30 January 2018 New home for grapevine virus testing The Australian Wine Research Institute (AWRI) and the University of Adelaide have jointly announced that plant virus testing and elimination services formerly provided by Waite Diagnostics have been transferred to The Australian Wine Research Institute. The services offered, which include testing for 12 grapevine viruses and phytoplasmas, as well as other pathogens responsible for diseases in canola, lucerne and other crops, will continue to be provided by the same experienced personnel, with no interruptions during the transition. AWRI Managing Director, Dr Dan Johnson, has welcomed the opportunity provided by the transfer, saying: “Testing of grapevines for viruses is a priority for Australian viticulture. The AWRI is proud to add this capability to the wide range of services it offers to the grape and wine community.” The University's Dr Nuredin Habili, lead researcher and long-time manager of the virus testing service, says the change “will result in a one-stop shop for the majority of testing requirements by grapegrowers and winemakers”. Waite Diagnostics was founded in 1997 by the late Bob Symons (FAA, FRS) (1934-2006), Professor of Biochemistry, within the University’s Department of Plant Science. Since that time the service has made a major contribution to the health of Australia’s grapevine planting material, through commercial application of cutting-edge virology research and diagnostic technologies. The University of Adelaide's Vice-Chancellor and President, Professor Peter Rathjen, was himself a student of the late Professor Bob Symons and a successor as Professor of Biochemistry at the University of Adelaide. -
University of Adelaide, Australia 13 – 20 January 2019
GATEWAY TO COMMON LAW University of Adelaide, Australia 13 – 20 January 2019 adelaide.edu.au THE UNIVERSITY OF ADELAIDE Study common law at one of the oldest universities in the Southern Hemisphere. This intensive one-week program is specifically designed for advanced undergraduate students who would like to study common law system from a comparative perspective. Taught by experienced academic staff from Adelaide Law School, Australia’s second oldest law school established in 1874, students will grasp great knowledge of various aspects of Australian legal system. COST: $1,400 AUD LECTURES & FIELD TRIPS SEMINARS WELCOMING LEARNING LUNCH MATERIALS 7 NIGHTS LIBRARY ACCOMMODATION (Single room, breakfast ACCESS and dinner included) ON-CAMPUS CERTIFICATE OF WI-FI ATTENDANCE Gateway to Common Law University of Adelaide, Australia, 13 – 20 January 2019 STUDY IN CAFÉ CULTURE Adelaide is one of Australia’s most cosmopolitan cities, with an array of cafés, restaurants and shops reflecting the diversity of its ethnic communities. Adelaide is reputed THE CENTRE OF to have more cafés and restaurants SHOPPING per head of population than any Adelaide boasts a range of other city in Australia. shopping experiences comparable to anywhere in Australia. Within the CBD, Rundle Mall ADELAIDE has the biggest concentration of department and chain stores, while within walking distance are Adelaide Law School is located in the trendy boutiques, pubs and cafés. University of Adelaide’s North Terrace Campus, in the city centre of Adelaide, capital of South Australia. Students will study in a modern campus with shining historical buildings, and within walking distance to South Australia Parliament, Museum, State Library, Art Gallery and CBD. -
The Adelaide Law School 1883-1983
THE ADELAIDE LAW SCHOOL 1883-1983 by Victor Allen Edgeloe Dr Edgeloe, Registrar Emeritus of the University of Adelaide, was Secretary of the Faculty of Law from 1927 to 1948, and Registrar from 1955 to 1973. Since his retirement Dr Edgeloe has written an account of the foundation and development of the Faculties of Law, Medicine and Music. His aim was, as he states in the preface, "to provide an administrator's history of the birth of the University's schools of law, medicine and music" which '%umrnarises the relevant records of the University and the relevant comments of the public press of the day". The manuscript is held in the Barr Smith Library. It shows Dr Edgeloe's love of, and devotion to, the University which he served for forty-six years. The Adelaide Law Review Association is grateful to him for permission to include his history of the Law School in this collection of essays. The Beginnings In the 1870's the Province of South Australia was a pioneering community which was expanding rapidly in numbers and in area occupied. There was a clear need for a growing body of well-trained lawyers. The existing arrangements for the training of lawyers involved simply the satisfactory completion of a five-year apprenticeship with a legal practitioner (technically designated "service in articles") and the passing of a small range of examinations conducted by the Supreme Court. University teaching in law was available in the United Kingdom and had also been established in Melbourne.' The South Australian Parliament envisaged a similar development here for it empowered the University from its foundation in 1874 to confer degrees in law and thus give the University a major role in the training of members of the legal profession within the Province. -
Can Academic Freedom in Faith-Based Colleges and Universities Survive During the Era of Obergefell?
CAN ACADEMIC FREEDOM IN FAITH-BASED COLLEGES AND UNIVERSITIES SURVIVE DURING THE ERA OF OBERGEFELL? Charles J. Russo† INTRODUCTION On August 15, 1990, Saint Pope John Paul II promulgated Ex Corde Ecclesiae (“Ex Corde”),1 literally, “From the Heart of the Church,” an apostolic constitution about Roman Catholic colleges and universities. By definition, apostolic constitutions address important matters concerning the universal Church.2 Ex Corde created a tempest in a teapot for academicians by requiring Roman Catholics who serve on faculties in theology, religious studies, and/or related departments in Catholic institutions of higher education to obtain a Mandatum, or mandate, from their local bishops, essentially a license certifying the faithfulness of their teaching and writing in terms of how they present the magisterial position of the Church.3 † B.A., 1972, St. John’s University; M. Div., 1978, Seminary of the Immaculate Conception; J.D., 1983, St. John’s University; Ed.D., 1989, St. John’s University; Panzer Chair in Education and Adjunct Professor of Law, University of Dayton (U.D.). I extend my appreciation to Dr. Paul Babie, D. Phil., Professor of Law and Legal Theory, Adelaide Law School, The University of Adelaide, Australia; Dr. Suzanne E. Eckes, Professor, Professor, Department of Teacher Leadership and Policy Studies, Indiana University; Dr. Ralph Sharp, Associate Professor Emeritus, East Central University, Ada, Oklahoma; William E. Thro, General Counsel and Adjunct Professor of Law, University of Kentucky; and Professor Lynn D. Wardle, Bruce C. Hafen Professor of Law, J. Reuben Clark Law School, Brigham Young University, Provo, Utah, for their useful comments on drafts of the manuscript. -
Volume 40, Number 1 the ADELAIDE LAW REVIEW Law.Adelaide.Edu.Au Adelaide Law Review ADVISORY BOARD
Volume 40, Number 1 THE ADELAIDE LAW REVIEW law.adelaide.edu.au Adelaide Law Review ADVISORY BOARD The Honourable Professor Catherine Branson AC QC Deputy Chancellor, The University of Adelaide; Former President, Australian Human Rights Commission; Former Justice, Federal Court of Australia Emeritus Professor William R Cornish CMG QC Emeritus Herchel Smith Professor of Intellectual Property Law, University of Cambridge His Excellency Judge James R Crawford AC SC International Court of Justice The Honourable Professor John J Doyle AC QC Former Chief Justice, Supreme Court of South Australia Professor John V Orth William Rand Kenan Jr Professor of Law, The University of North Carolina at Chapel Hill Professor Emerita Rosemary J Owens AO Former Dean, Adelaide Law School The Honourable Justice Melissa Perry Federal Court of Australia Emeritus Professor Ivan Shearer AM RFD Sydney Law School The Honourable Margaret White AO Former Justice, Supreme Court of Queensland Professor John M Williams Dame Roma Mitchell Chair of Law and Former Dean, Adelaide Law School ADELAIDE LAW REVIEW Editors Associate Professor Matthew Stubbs and Dr Michelle Lim Book Review and Comment Editor Dr Stacey Henderson Associate Editors Charles Hamra, Kyriaco Nikias and Azaara Perakath Student Editors Joshua Aikens Christian Andreotti Mitchell Brunker Peter Dalrymple Henry Materne-Smith Holly Nicholls Clare Nolan Eleanor Nolan Vincent Rocca India Short Christine Vu Kate Walsh Noel Williams Publications Officer Panita Hirunboot Volume 40 Issue 1 2019 The Adelaide Law Review is a double-blind peer reviewed journal that is published twice a year by the Adelaide Law School, The University of Adelaide. A guide for the submission of manuscripts is set out at the back of this issue. -
Business Luncheon
SYMPOSIUM 2015: Human Rights equals Prosperity Business Luncheon “Unconscious Bias in the Presented by Workplace and the Importance of Strong Leadership” Thursday 5 November 2015 11.45am - 2.00pm Cartwrights Restaurant SPEAKER TAFE Queensland East Coast The Hon. Catherine Branson QC 34 Lady Musgrave Drive Mountain Creek Former Federal Court Judge, President and Commissioner – Human Rights Commission Book online through Trybooking SEE BACK FOR PROFILE before 29th October www.trybooking.com/JEQX Gender equality is important for everybody - and for our economy. TICKETS: Yet it is proving painfully difficult to achieve. We know that $58 Members $70 Non-Members unconscious bias is costly. It causes us to make decisions that Corporate Tables of 10 - $550 are not objective. It deprives us of talent and causes us to miss (includes GST) opportunities. Strong leadership is essential if we are to address the impacts of unconscious bias. Includes 2 course lunch, refreshments, presentation, networking plus FREE parking PATRON & EVENT SPONSOR EMAIL ENQUIRIES TO: [email protected] www.scbusinesscouncil.com.au Terms & Conditions Registrations are to be made online through Trybooking: www.trybooking.com/JEQX Payments can be made by credit card. Tickets will be issued directly upon confirmation. Cancellations after 29th October incur 100% cancellation fee. Substitute registrations can be made any time up to 2 November. For payment by EFT, please contact the organiser for a tax invoice and bank account details. The Business Luncheon forms part of an overall Symposium to be presented by the Sunshine Coast Business Council in conjunction with its Venue and Event Partner, TAFE Queensland East Coast. -
Class of 1968 Golden Jubilee Welcome Message from the Order of Proceedings Vice-Chancellor and President
Class of 1968 Golden Jubilee Welcome message from the Order of Proceedings Vice-Chancellor and President The ceremony The congregation is requested to stand as the procession enters the hall It gives me great pleasure to welcome the class of 1968 alumni back to the Opening University of Adelaide to celebrate your Golden Jubilee reunion on the Inga Davis 50th anniversary of the conferral of Chief Executive, External Relations your degree. Welcome address The University is both proud of and indebted to its alumni. You are our greatest ambassadors, representing and connecting us Vice-Chancellor and President, Professor Peter Rathjen locally and globally through business, industry, government, or as volunteers, while bringing benefit to all. The University of Adelaide is not its campuses, or its staff and The Golden Jubilee address students, it is certainly not the Vice-Chancellor! The University of Adelaide is in fact the much wider community that stretches 1968 Golden Jubilee Graduate across the globe and which is largely made up of our alumni. It is vitally important to unite this community, to bring people together through a strengthening of the connections that exist, and a sense of common purpose and values. Vote of thanks One of the best things about my role, as an alumnus of the Inga Davis University and now the Vice-Chancellor and President, is hearing the wealth of stories about the achievements of our alumni. Each and every one of you has a story to tell about the unique contributions you have made to your professions and Presentation of Golden Jubilee graduates communities over the past 50 years and I look forward to reading them in this commemorative book.