Summer 2000/2001 Message from the President
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Linda Scott for Sydney Strong, Local, Committed
The South Sydney Herald is available online: www.southsydneyherald.com.au FREE printed edition every month to 21,000+ regular readers. VOLUME ONE NUMBER FORTY-NINE MAR’07 CIRCULATION 21,000 ALEXANDRIA BEACONSFIELD CHIPPENDALE DARLINGTON ERSKINEVILLE KINGS CROSS NEWTOWN REDFERN SURRY HILLS WATERLOO WOOLLOOMOOLOO ZETLAND RESTORE HUMAN RIGHTS BRING DAVID HICKS HOME New South Wales decides PROTEST AT 264 PITT STREET, CITY The South Sydney Herald gives you, as a two page insert, SUNDAY MARCH 25 ✓ information you need to know about your voting electorates. PAGES 8 & 13 More on PAGE 15 Water and housing: Labor and Greens Frank hits a high note - good news for live music? go toe to toe John Wardle Bill Birtles and Trevor Davies The live music scene in NSW is set to receive a new and much fairer regu- Heffron Labor incumbent Kristina latory system, after Planning Minister Keneally has denied that the State Frank Sartor and the Iemma Govern- government’s promised desalination ment implemented amendments to plant will cause road closures and the Local Government Act including extensive roadwork in Erskineville. a streamlined process to regulate Claims that the $1.9 billion desalina- entertainment in NSW and bring us tion plant at Kurnell will cause two more into line with other states. years of roadworks across Sydney’s Passed in the last week of Parlia- southern suburbs were first made by ment in November 2006, these the Daily Telegraph in February. reforms are “long overdue, and State government plans revealed extremely good news for the live that the 9 km pipeline needed to music industry” says Planning connect the city water tunnel with the Minister Frank Sartor. -
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. -
The Large Professional Service Firm: a New Force in the Regulative Bargain
21 UNSW Law Journal Volume 40(1) 11 THE LARGE PROFESSIONAL SERVICE FIRM: A NEW FORCE IN THE REGULATIVE BARGAIN JUSTINE ROGERS, DIMITY KINGSFORD SMITH AND JOHN CHELLEW I INTRODUCTION This article charts the rise of a new force in the regulative bargain:1 the large organisation or ‘professional service firm’. The ‘regulative bargain’ refers to the bargain, both theoretical and real, 2 between the professions and the state, on behalf of society. Increasingly, these parties actively negotiate the exchange of professional benefits and responsibilities, and how, where and for what purpose these will be allocated and enforced. This bargain is shaped too by the political climate and culture, and the access to the networks within which this agreement takes place. 3 The classic bargain is the grant of self-regulation and other Lecturer, UNSW Law, MSc (Oxon), DPhil (Oxon). Correspondence to Dr Justine Rogers <[email protected]>. Professor and Director of the Centre for Law, Markets and Regulation (‘CLMR’), UNSW Sydney, LLM (London School of Economics) LLB (Sydney) BA (Sydney). Senior Research Fellow, UNSW Law. LLB (Monash), BA (Monash). Member of the CLMR, UNSW Law. The authors acknowledge the support of the Australian Research Council and the Professional Standards Councils for this work. They are also grateful for the support of professional partners to the grant, law firms Allens and Corrs Chambers Westgarth. The authors also acknowledge the support of the CLMR at UNSW Law, particularly the work of CLMR interns, Deborah Hartstein and Jason Zhang. They are also grateful for the considered comments of two anonymous referees. -
Annual Report 1998/99
LEGISLATIVE COUNCIL 1999Annual Report Mission Access to Services To service and enhance the operations of the New South Wales Parliament by providing an apolitical, Located at: Parliament House innovative and integrated support service to support Macquarie Street Members both within and outside Parliament House SYDNEY NSW 2000 and relevant services to the people of New South Wales. Contact telephone & facsimile numbers Corporate Goals Telephone Facsimile Switchboard 9230 2111 Goal 1 Provide the procedural support, advice and Members 9230 2111 Clerks Office 9230 2346 9230 2761 research necessary for the effective functioning Procedure Office 9230 2331 9230 2876 of the House. Committee Office 9230 2641 9230 2812 Administration Office 9230 2824 9230 2876 Goal 2 Provide services which support members in Attendants Reception Desk 9230 2319 9230 2876 their electoral and constituency duties. Goal 3 Provide effective and professional E-mail address: administrative support and services to Members and to other client groups and [email protected] maintain appropriate reporting mechanisms. Goal 4 Provide a safe and healthy working Legislative Councils Home Page on the environment, in which Members and staff can Internet: reach their maximum productivity. http://www.parliament.nsw.gov.au/lc Goal 5 Promote public awareness of the purpose, functions and work of the Parliament. Office operating hours Goal 6 Maintain and enhance an appropriate physical The Legislative Council office is open weekdays, environment for the conduct of Parliamentary excluding public holidays, between 9.00 am and 5.00 business while preserving the heritage value pm on non-sitting days, and from 9.00 am until the of Parliament House. -
CHAPTER 3 KOALA and OTHER MATTERS – the 1910S
CHAPTER 3 KOALA AND OTHER MATTERS – THE 1910s ‘Some years ago, the Wild Life Preservation Society of Australia found that almost the whole of the skins of the koala were being sent for sale to the United States of America – many of them during closed seasons in Australia, when the killing of the animal was forbidden.’ David Stead KOALA The preservation of the koala and the re-establishment of the animal in at least some of its native haunts in the Eastern States of Australia were among the major objectives of the Society since its inception in 1909. The Society was successful in obtaining official protection for the koala, first in 1911 and 1912, in New South Wales. David Stead always insisted that 'koala' should be pronounced 'k'ola'; he also frequently referred to it as the 'native bear' which of course is a misnomer as the koala is not a 'bear.' Although the battle to save the koala began as early as 1909, action was still being taken in the 1920s and 1930s, and in fact continues even into the 21st century. The Story of the Great Slaughter was the heading to an article by David Stead accompanying the Annual Report for the year 1927. In 1927 the Queensland Government declared an open season of one month during which the koala could be killed for its skin. No less than 584,738 koalas were actually recorded as being killed during that time, although many of the skins would have been collected earlier, in expectation of a new open season. -
From Constitutional Convention to Republic Referendum: a Guide to the Processes, the Issues and the Participants ISSN 1328-7478
Department of the Parliamentary Library INFORMATION AND RESEARCH SERVICES •~J..>t~)~.J&~l<~t~& Research Paper No. 25 1998-99 From Constitutional Convention to Republic Referendum: A Guide to the Processes, the Issues and the Participants ISSN 1328-7478 © Copyright Commonwealth ofAustralia 1999 Except to the exteot of the uses permitted under the Copyright Act 1968, no part of this publication may be reproduced or transmitted in any form or by any means including information storage and retrieval systems, without the prior written consent of the Department ofthe Parliamentary Library, other than by Senators and Members ofthe Australian Parliament in the course oftheir official duties. This paper has been prepared for general distribntion to Senators and Members ofthe Australian Parliament. While great care is taken to ensure that the paper is accurate and balanced,the paper is written using information publicly available at the time of production. The views expressed are those of the author and should not be attributed to the Information and Research Services (IRS). Advice on legislation or legal policy issues contained in this paper is provided for use in parliamentary debate and for related parliamentary purposes. This paper is not professional legal opinion. Readers are reminded that the paper is not an official parliamentary or Australian govermnent document. IRS staff are available to discuss the paper's contents with Senators and Members and their staffbut not with members ofthe public. , ,. Published by the Department ofthe Parliamentary Library, 1999 INFORMATION AND RESEARCH SERVICES , Research Paper No. 25 1998-99 From Constitutional Convention to Republic Referendum: A Guide to the Processes, the Issues and the Participants Professor John Warhurst Consultant, Politics and Public Administration Group , 29 June 1999 Acknowledgments This is to acknowledge the considerable help that I was given in producing this paper. -
Publications
treatment plants across NSW can be “Sewage Treatment Plants need no approved without an assessment of Environmental Impact Statement ”, off-site impacts. BRAID and environmental groups across the state are says Sartor appalled by this political intervention. The old regulation didn’t In November 2006, BRAID won a landmark case when the prevent development, it merely balanced it with appropriate Court of Appeal determined that an amendment in 2000 to the environmental protection. This has now been swept aside by a Environmental Planning & Assessment Regulation meant that stroke of the Minister’s pen, making a mockery of the legal on-site sewage treatment plants are “designated development”, process that BRAID faithfully followed to get their result. thus requiring an Environmental Impact Statement. This judgement quashed the approval by the Land & Environment Court of the Parklands development in Blackheath, because it BRAID Fundraiser Cancelled was assessed without an EIS. BRAID has cancelled its May 12 fundraising event But on March 1, 2007 the Planning Minister reversed the (advertised in the March ‘ Hut News’ ), in favour of a big BASH regulation, effectively overturning the Court’s decision. The in June with all BMCS members invited. Watch the May issue new amendment states that sewage treatment plants that are of Hut News for details. “ancillary” to another purpose, such as a resort, are not Virginia King, designated development. Not only does this pave the way for BRAID approval of the Parklands development, it means that sewage (Blackheath Residents Against Improper Development) WHAT NOW FOR THE ENVIRONMENT? Four more years of hard Labor? ——— or will the rere----electedelected NSW Government turn over a new leaf? On March 24 NSW voters returned the Iemma Government for another four years. -
The Devil's Triangle
THE DEVIL’S TRIANGLE Civil liberties and the relationship between the law, the media and the parliament Bob Debus Attorney General of New South Wales 2000-2007 Sir Frank Kitto Lecture, University of New England, November 23rd 2012. This Lecture commemorates the great figure in Australian legal history Justice Sir Frank Kitto, who served on The High Court of Australia from 1950 to 1970 and was thereupon elected Chancellor of this University. As long ago as 1998 Justice Michael Kirby used this lecture to describe not only Sir Frank’s contribution to the law but his high integrity, demonstrated for instance, in the unequivocal judgment in which he joined the majority in Communist the seminal decision to strike down the Menzies Government’s Party Dissolution Act 1950. It was the beginning of the Cold War but Kitto was immune to the politics of the situation: “…it may have been thought (although never said in those more graceful days) that Justice Kitto was a ‘capital C conservative’. His skills were in the black letter law… He had just succeeded in a substantial brief for the banks in striking down the nationalisation scheme of the former Labor Government. Yet in less than a year, he performed his function as a judge of our highest court, in accordance with his understanding of the law and the Constitution precisely and only as his learning and 1 conscience dictated.” In the period 1976 to 1982 he was inaugural Chairman of The Australian Press Council. I venture to believe that he may have grudgingly approved the national defamation law finally achieved by the Commonwealth and State Attorneys General in 2005 after years of difficult negotiation. -
SA Public Sector Newsletter
ADVICE | TRANSACTIONS | DISPUTES 17 NOVEMBER 2020 ISSUE 37 PUBLIC SECTOR NEWSLETTER - SOUTH AUSTRALIA Welcome to Issue 37 of the SA Public Sector Newsletter. Cashless Centrelink payment cards “not worth the human cost” Crime Stoppers SA has received an $800,000 investment Cashless debit cards for welfare recipients are over four years from the Marshall Government, to help demeaning and create stress for recipients, senators improve the future safety of South Australians. The have been told as the Morrison Government looks ongoing funding will allow Crime Stoppers to expand its to widen the scheme. (06 November 2020) https:// operations across South Australia, including measures to indaily.com.au/news/2020/11/06/cashless-centrelink- stop rural criminal activity. payment-cards-not-worth-the-human-cost/ In other local news, the laws that will significantly reduce Clive Palmer has lost his WA border battle. What does it the discounts available to serious criminal offenders for mean for state and territory boundaries? early guilty pleas have now come into effect, with the previous available discount of up to 40% for an early guilty The High Court has knocked back billionaire miner Clive plea reduced to a maximum of 25%. Palmer’s challenge against Western Australia’s COVID-19 hard border closure. Chief Justice Susan Kiefel said the This issue of the Newsletter also provides the usual round- court had found the Act complied with the constitution up of practice notes, cases and legislation assistance. and the directions did not raise a constitutional -
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 ‘When the stars align’: decision-making in the NSW juvenile justice system 1990-2005 Elaine Fishwick A thesis submitted in fulfilment of the requirements for the degree of Doctor of Philosophy Faculty of Education and Social Work University of Sydney 2015 Faculty of Education and Social Work Office of Doctoral Studies AUTHOR’S DECLARATION This is to certify that: I. this thesis comprises only my original work towards the <insert Name of Degree> Degree II. -
27 March 2018
IN THE SUPREME COURT OF NEW SOUTH WALES BANCO COURT BATHURST CJ AND THE JUDGES OF THE SUPREME COURT Tuesday 27 March 2018 FAREWELL CEREMONY FOR THE HONOURABLE JUSTICE CAROLYN SIMPSON UPON THE OCCASION OF HER RETIREMENT AS A JUDGE OF THE SUPREME COURT OF NEW SOUTH WALES 1 BATHURST CJ: We are here this morning to mark the occasion of the Honourable Justice Carolyn Simpson’s retirement as a Judge of the Court of Appeal. This ceremony gives us the opportunity to show our gratitude for the 24 years of service you have given to the administration of justice in this State, first in the Common Law division, and more recently in the Court of Appeal. 2 You became a judge in 1994. It is with no disrespect that I note you were appointed three months before your current tipstaff was born. You have served this Court tirelessly since then. There is only one complaint I can make. Your Honour is far too humble and reserved about your own achievements. It made the construction of this address rather difficult. Predictably, I firstly turned to your swearing in speech, marked Tuesday the 1st of February 1994. It is, of course, reflective of your humility. 3 You spent the entirety of it thanking those who had helped you along the way. You also noted that your oath of office was a commitment to the public, and the Court, and you pledged to do your utmost to justify the faith that had been placed in you. You can be rest assured that the vow you made at that time 1 has been more than fulfilled. -
Networked Knowledge Media Reports Networked Knowledge Evan Whitton Homepage This Page Set up by Dr Robert N Moles on 13 January
Networked Knowledge Media Reports Networked Knowledge Evan Whitton Homepage This page set up by Dr Robert N Moles On 13 January 2018 Andrew Urban in Pursue Democracy reported ‘Bare faced lawyers: confessions of the legal profession’ Innocent people – at least 71 known*, the total unknowable – have been held or are stuck in Australian jails on lengthy sentences for murders or rapes they did not commit. This comes as no surprise to those who, like multi award winning journalist and legal historian Evan Whitton, consider the adversarial system Australia has imported from Britain a disaster for justice, nothing more than a permit for lawyers to operate as a cartel, in which truth is not the ultimate objective. Winning is. Here, in a selection of extracts from Whitton’s infinitely researched and damning work, Our Corrupt Legal System (Book Pal, 2009), is the evidence – often in their own words: lawyers are trained liars. “The legal trade, in short, is nothing but a high-class racket.” Professor Fred Rodell, of Yale Law School, in Woe Unto You, Lawyers! (1939) * Dr Rachel Dioso-Vila, Griffith University Innocence Project, Flinders Law Journal 1 The Barton Hypothesis Associate Professor Benjamin Barton, of the University of Tennessee College of Law, put the question, Do Judges Systematically Favor the Interests of the Legal Profession? in the Alabama Law Review of December 2007. In what may be termed the Barton Hypothesis, he answered his question thus at page two of his 52-page (14,821 words) paper: “Here is my lawyer-judge hypothesis in a nutshell: many legal outcomes can be explained, and future cases predicted, by asking a very simple question: is there a plausible legal result in this case that will significantly affect the interests of the legal profession (positively or negatively)? If so, the case will be decided in the way that offers the best result for the legal profession.” The origin of lawyers’ immunity from suit is a brazen example of the Barton Hypothesis.