Section 92: Markets, Protectionism And

Total Page:16

File Type:pdf, Size:1020Kb

Section 92: Markets, Protectionism And 20619 Lucinda Lecture A5 Brochure - L01001 15/10/09 10:35 AM Page 1 Lucinda Lectures and speakers 1993 The Australian Crown: Its creation and demise Professor George Winterton Monash Law School’s 1994 Judicial reasonings and responsibilities in constitutional cases Mr Dennis Rose 17th Lucinda Lecture 1995 Towards 2001 – minimalism, monarchism or metamorphism? The Hon. Sir Anthony Mason, Chief Justice, High Court of Australia 1987 - 1995 1996 Social conflict and constitutional interpretation ‘Section 92: markets, Emeritus Professor Leslie Zines 1997 The Australian Constitution: A centenary assessment The Hon. Justice Michael Kirby, High Court of Australia protectionism and 1998 Maintaining public confidence in the judiciary The Hon. Justice Susan Kenny, Court of Appeal proportionality – Supreme Court of Victoria 1997–1998, Federal Court of Australia 1999 The Australian Constitution: Adaptability, change and conflict Australian and Professor Geoffrey Lindell 2000 Australian citizenship: Past, present and future European The Rt Hon, Sir Ninian Stephen, Governor General of Australia 1982–1989 2001 The shape of representative democracy The Hon. Chief Justice Murray Gleeson, High Court of Australia perspectives’ 2002 Sir Isaac Isaacs and the workings of the Australian Constitution The Rt Hon. Sir Zelman Cowen, Governor General of Australia 1977–1982 2003 “...such other federal courts as the Parliament creates”: A hundred years of evolution The Hon. Michael Black, Chief Justice, Federal Court of Australia 2004 What separation of powers? The Honourable Justice Susan Kiefel The Hon. Marilyn Warren, Chief Justice, Supreme Court of Victoria 2005 Judges under fire - how far can the critics go? The Hon. Justice Ronald Sackville, Federal Court of Australia 2006 'Concerning Judicial Method' Fifty Years On The Hon. Justice Ken Hayne, High Court of Australia 2007 ‘Protecting Rights in a Federation’ Thursday, 19 November 2009 Pamela Tate, Solicitor-General for Victoria. 6 – 7 pm 2008 ‘The Parameters of Constitutional Change’ The Hon. Sir Gerard Brennan, Chief Justice, High Court of Australia 1995 -1998 Monash University Law Chambers 9 0 / The Lucinda Lectures have all been published in the Monash University Law Review. 0 472 Bourke Street Melbourne 1 S To purchase copies, please phone (03) 9905 3374 or email [email protected] P M 20619 Lucinda Lecture A5 Brochure - L01001 15/10/09 10:35 AM Page 2 The speaker Order of proceedings The Honourable Justice Susan Kiefel, LLM (Cantab) The Hon Justice Susan Kiefel was born in Cairns, Queensland in 1954, educated in Introduction Queensland and at the University of Cambridge where she received a Masters of The Honourable Marilyn Warren, AC Law. Justice Kiefel was admitted to the Queensland Bar in 1975 and was appointed Chief Justice of the Supreme Court of Victoria Queen's Counsel in 1987. She was appointed a Justice of the Supreme Court of Queensland in 1993 and in 1994 was appointed to the Federal Court. She also held a commission as a Justice of the Supreme Court of Norfolk Island from 2004. She 17th Lucinda Lecture served as a part-time Commissioner of the Australian Law Reform Commission. She was appointed a Justice of the High Court on 3 September 2007. Justice Kiefel is married to Michael Albrecht, MA (Cantab). ‘Section 92: markets, protectionism The Lucinda Lectures and proportionality – Australian and The SS Lucinda was a steam paddle vessel which occupies a sentimental place European perspectives’ in Australian constitutional history. It was on board the Lucinda, during a three-day cruise on the Hawkesbury River from 27 to 29 March 1891, that the drafting committee of the The Honourable Justice Susan Kiefel National Australasian Convention made important revisions to the earliest drafts of the Constitution. Professor La Nauze in The Making of the Australian Constitution stated; ‘[T]he evolving text of the Constitution was at its best after the Lucinda revisions.’ Vote of thanks This lecture series is named after the Lucinda and seeks to canvass fundamental issues Professor HP Lee in Australian constitutional law. Monash University Law School Patron Enquiries The Rt. Hon. Sir Zelman Cowen AK, GCMG, GCVO, KStJ, QC RSVP is essential by Thursday 12th November. Governor General of Australia 1977–1982 For further informantion visit: www.law.monash.edu.au/news/events/ Convener To book a place at the Lucinda Lecture, please contact: Kate Daley Professor HP Lee Phone: (03) 9905 2630 Sir John Latham Chair of Law Email: [email protected] Monash University Law School Light refreshments are provided Unfortunately there is no reserved seating for this event..
Recommended publications
  • The Executive Power Ofthe Commonwealth: Its Scope and Limits
    DEPARTMENT OF THE PARLIAMENTARY LIBRARY Parliamentary Research Service The Executive Power ofthe Commonwealth: its scope and limits Research Paper No. 28 1995-96 ~ J. :tJ. /"7-t ., ..... ;'. --rr:-~l. fii _ -!":u... .. ..r:-::-:_-J-:---~~~-:' :-]~llii iiim;r~.? -:;qI~Z'~i1:'l ISBN 1321-1579 © Copyright Commonwealth ofAustralia 1996 Except to the extent of the uses pennitted under the Copyright Act J968, no part of this publication may be reproduced or transmitted in any fonn or by any means including infonnation storage and retrieval systems, without the prior written consent of the Department of the Parliamentary Library, other than by Senators and Members ofthe Australian Parliament in the course oftheir official duties. This paper has been prepared for general distribution 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 infonnation publicly available at the time of production. The views expressed are those of the author and should not be attributed to the Parliamentary Research Service (PRS). Readers are reminded that the paper is not an official parliamentary or Australian government document. PRS staff are available to discuss the paper's contents with Senators and Members and their staff but not with members ofthe public. Published by the Department ofthe Parliamentary Library, 1996 Parliamentary Research Service The Executive Power ofthe Commonwealth: its scope and limits Dr Max Spry Law and Public Administration Group 20 May 1996 Research Paper No. 28 1995-96 Acknowledgments This is to acknowledge the help given by Bob Bennett, the Director of the Law and Public Administration Group.
    [Show full text]
  • 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.
    [Show full text]
  • 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.
    [Show full text]
  • Edmund Barton and the 1897 Federal Convention
    The Art of Consensus: Edmund Barton and the 1897 Federal Convention The Art of Consensus: Edmund Barton and the 1897 Federal Convention* Geoffrey Bolton dmund Barton first entered my life at the Port Hotel, Derby on the evening of Saturday, E13 September 1952. As a very young postgraduate I was spending three months in the Kimberley district of Western Australia researching the history of the pastoral industry. Being at a loose end that evening I went to the bar to see if I could find some old-timer with an interesting store of yarns. I soon found my old-timer. He was a leathery, weather-beaten station cook, seventy-three years of age; Russel Ward would have been proud of him. I sipped my beer, and he drained his creme-de-menthe from five-ounce glasses, and presently he said: ‘Do you know what was the greatest moment of my life?’ ‘No’, I said, ‘but I’d like to hear’; I expected to hear some epic of droving, or possibly an anecdote of Gallipoli or the Somme. But he answered: ‘When I was eighteen years old I was kitchen-boy at Petty’s Hotel in Sydney when the federal convention was on. And every evening Edmund Barton would bring some of the delegates around to have dinner and talk about things. I seen them all: Deakin, Reid, Forrest, I seen them all. But the prince of them all was Edmund Barton.’ It struck me then as remarkable that such an archetypal bushie, should be so admiring of an essentially urban, middle-class lawyer such as Barton.
    [Show full text]
  • The Common Law, Contemporary Values and Sophocles' Antigone
    The common law, contemporary values and Sophocles' Antigone Robert French Oration Hellenic Australian Lawyers' Association (WA Chapter) The Honourable Justice Peter Quinlan Chief Justice of Western Australia 31 October 2019 2 It is a great honour to be asked to deliver this year's Robert French Oration to the WA Chapter of the Hellenic Australian Lawyers Association. May I begin by acknowledging the Whadjuk people of the Noongyar nation, the traditional owners of the land on which we gather tonight, and pay my respects to their Elders past, present and emerging. The importance of such an acknowledgement at the commencement of the Robert French Oration will be obvious to anyone with even a passing knowledge of the contribution made by the Hon Robert French AC to the law in Australia over a legal and judicial career spanning almost 50 years. As the twelfth Chief Justice of Australia, Robert French was the first Western Australian to hold that office, the highest judicial office in this country. It is fitting, then, that the Robert French Oration should be hosted by the Western Australian branch of the Hellenic Australian Lawyers Association. Any attempt to summarise or encapsulate a career as diverse, and a contribution as significant, as that of Robert French to the law and the administration of justice would, of course, fall well short of the mark. I do not propose to make such an attempt this evening. It will, I hope, suffice for me to acknowledge Robert French's conspicuous service to the people of Australia over so many decades, including over 30 years as a judge.
    [Show full text]
  • Situating Women Judges on the High Court of Australia: Not Just Men in Skirts?
    Situating Women Judges on the High Court of Australia: Not Just Men in Skirts? Kcasey McLoughlin BA (Hons) LLB (Hons) A thesis submitted for the degree of Doctor of Philosophy, the University of Newcastle January 2016 Statement of Originality This thesis contains no material which has been accepted for the award of any other degree or diploma in any university or other tertiary institution and, to the best of my knowledge and belief, contains no material previously published or written by another person, except where due reference has been made in the text. I give consent to the final version of my thesis being made available worldwide when deposited in the University's Digital Repository, subject to the provisions of the Copyright Act 1968. Kcasey McLoughlin ii Acknowledgments I am most grateful to my principal supervisor, Jim Jose, for his unswerving patience, willingness to share his expertise and for the care and respect he has shown for my ideas. His belief in challenging disciplinary boundaries, and seemingly limitless generosity in mentoring others to do so has sustained me and this thesis. I am honoured to have been in receipt of his friendship, and owe him an enormous debt of gratitude for his unstinting support, assistance and encouragement. I am also grateful to my co-supervisor, Katherine Lindsay, for generously sharing her expertise in Constitutional Law and for fostering my interest in the High Court of Australia and the judges who sit on it. Her enthusiasm, very helpful advice and intellectual guidance were instrumental motivators in completing the thesis. The Faculty of Business and Law at the University of Newcastle has provided a supportive, collaborative and intellectual space to share and debate my research.
    [Show full text]
  • Australian Law Conference
    >'-1 ·~·1;': ...::.,1·.. ', .. 't··'··lj.·' ! i ·'.c<'""r;,., ...•-F"I"R:=.s-'-'r--""=~===""""''''''=''''-====~'- ':':C-~-~;~E:~~RA; . :A-;:-~-i'?~:t9 a~ II I. I I I : I I I i I , ; ,~ > • FIRST CANADA-AUSTRALASIAN LAW CONFERENCE CANBERRA APRIL 1988 f I It is timely to note an important law conference which took place in Canberra, Australia in April 1988. The First Canada-Australasia Law Conference was held at the Australian National University in that city. organised by the Canadian , Institute for Advanced Legal Studies, the convenors of the conference were Chief Justice Nathan Nemetz of British Columbia and Justice Michael Kirby, President of the New South Wales I The conference attracted a number of leading Court of Appeal. 1 judges and practitioners from Canada, Australia, New Zealand I and the Pacific region. It was opened on 5 April 1988 by the Governor General of Australia (Sir Ninian Stephen). During the 1 conference, the Governor General hosted a dinner at Government House, Canberra, which was attended uniquely by all of the Chief Justices of Australia, who were meeting in Canberra at I the same time, all of the Chief Justices of the Superior Courtscourts f of Canada (except for the supreme court of ontario), the Chief Justices of New Zealand and Singapore and other distinguished guests. I In his opening remarks to the conference, the Chief f Justice of Canada (the Rt Han RGR G Brian Dickson PC) spoke of the need to further the links between Australian and Canadian - 1 - \ I jurisprudence. The same theme was echoed by the Chief Justice of the High Court of Australia (Sir Anthony Mason).
    [Show full text]
  • Chapter 15 the Return of the Repressed
    Chapter 15 The Return of the Repressed XTINCTION in philosophy is not forever. Any opinion or argument, no matter how finally it seems to have been hunted Edown and refuted into oblivion, has the chance of being redis- covered by a new generation eager for novelties. In this chapter, we examine the revival of two old philosophies once thought well off the agenda: idealism and Catholic natural law philosophy. They have not been seen much in philosophy departments, but have flourished in, respectively, literature departments and the High Court of Australia. As we saw in chapter 6, David Stove wrote that idealism, the doc- trine that everything is mind-dependent, was sustained by what he identified as the ‘Worst argument in the world’: We can know things only as they are related to us/under our forms of perception and un- derstanding/in so far as they fall under our conceptual schemes, etc, so, we cannot know things as they are in themselves. In Berkeley’s version, ‘we cannot have trees-outside-the-mind in mind without them being in mind, so there cannot be trees outside the mind (or if there could be, they could not be thought of). That argument did not vanish with the 1890s. We saw in chapter 11 that John Burnheim adopted an ‘inevitably partisan’ reading of the Sydney disturbances on the grounds that philosophy ‘rests not on ultimate truths, but on a reading of our specific historical situation’ (that is, we cannot know things except through our specific historical situation, therefore we cannot know things as they are in themselves).
    [Show full text]
  • Stephen Wilks Review of John Murphy, Evatt: a Life
    Stephen Wilks review of John Murphy, Evatt: A Life (Sydney, NSW: NewSouth Publishing, 2016), 464 pp., HB $49.99, ISBN 9781742234465 When Herbert Vere Evatt died in November 1965 he was buried at Woden cemetery in Canberra’s south. His grave proclaims him as ‘President of the United Nations’ and reinforces the point by bearing the United Nations (UN) emblem. Misleading as this is—as president of the UN General Assembly rather than secretary-general, Evatt was more presiding officer than chief executive—it broadcasts his proud internationalism. The headstone inscription is equally bold—‘Son of Australia’. The Evatt memorial in St John’s Anglican Church in inner Canberra is more subtle. This depicts a pelican drawing its own blood to feed its young, a classical symbol of self-sacrifice and devotion. These idealistic, almost sentimental, commemorations clash with the dominant image of Evatt as a political wrecker. This casts him as the woefully narcissistic leader of the federal parliamentary Labor Party who provoked the great split of 1954, when the party’s predominantly Catholic anti-communist right exited to form the Democratic Labor Party and help keep Labor out of office for the next 18 years. This spectre looms over Evatt’s independent Australian foreign policy and championing of civil liberties during the Cold War. John Murphy’s Evatt: A Life is the fourth full biography of the man, not to mention several more focused studies. This is better than most Australian prime ministers have managed. Evatt invites investigation as a coruscating intelligence with a clarion world view. His foremost achievements were in foreign affairs, a field attractive to Australian historians.
    [Show full text]
  • 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
    [Show full text]
  • Seeing Visions and Dreaming Dreams Judicial Conference of Australia
    Seeing Visions and Dreaming Dreams Judicial Conference of Australia Colloquium Chief Justice Robert French AC 7 October 2016, Canberra Thank you for inviting me to deliver the opening address at this Colloquium. It is the first and last time I will do so as Chief Justice. The soft pink tones of the constitutional sunset are deepening and the dusk of impending judicial irrelevance is advancing upon me. In a few weeks' time, on 25 November, it will have been thirty years to the day since I was commissioned as a Judge of the Federal Court of Australia. The great Australian legal figures who sat on the Bench at my official welcome on 10 December 1986 have all gone from our midst — Sir Ronald Wilson, John Toohey, Sir Nigel Bowen and Sir Francis Burt. Two of my articled clerks from the 1970s are now on the Supreme Court of Western Australia. One of them has recently been appointed President of the Court of Appeal. They say you know you are getting old when policemen start looking young — a fortiori when the President of a Court of Appeal looks to you as though he has just emerged from Law School. The same trick of perspective leads me to see the Judicial Conference of Australia ('JCA') as a relatively recent innovation. Six years into my judicial career, in 1992, I attended a Supreme and Federal Courts Judges' Conference at which Justices Richard McGarvie and Ian Sheppard were talking about the establishment of a body to represent the common interests and concerns of judges, to defend the judiciary as an institution and, where appropriate, to defend individual judges who were the target of unfair and unwarranted criticisms.
    [Show full text]
  • Papers of Sir Edmund Barton Ms51
    NATIONAL LIBRARY OF AUSTRALIA PAPERS OF SIR EDMUND BARTON MS51 Manuscript Collection 1968-70, 1996 and last amended 2001 PAPERS OF EDMUND BARTON MS51 TABLE OF CONTENTS Overview 3 Biographical Note 6 Related Material 8 Microfilms 9 Series Description 10 Series 1: Correspondence 1827-1921 10 Series 2: Diaries, 1869, 1902-03 39 Series 3: Personal documents 1828-1939, 1844 39 Series 4: Commissions, patents 1891-1903 40 Series 5: Speeches, articles 1898-1901 40 Series 6: Papers relating to the Federation Campaign 1890-1901 41 Series 7: Other political papers 1892-1911 43 Series 8: Notes, extracts 1835-1903 44 Series 9: Newspaper cuttings 1894-1917 45 Series 10: Programs, menus, pamphlets 1883-1910 45 Series 11: High Court of Australia 1903-1905 46 Series 12: Photographs (now in Pictorial Section) 46 Series 13: Objects 47 Name Index of Correspondence 48 Box List 61 2 PAPERS OF EDMUND BARTON MS51 Overview This is a Guide to the Papers of Sir Edmund Barton held in the Manuscript Collection of the National Library of Australia. As well as using this guide to browse the content of the collection, you will also find links to online copies of collection items. Scope and Content The collection consists of correspondence, personal papers, press cuttings, photographs and papers relating to the Federation campaign and the first Parliament of the Commonwealth. Correspondence 1827-1896 relates mainly to the business and family affairs of William Barton, and to Edmund's early legal and political work. Correspondence 1898-1905 concerns the Federation campaign, the London conference 1900 and Barton's Prime Ministership, 1901-1903.
    [Show full text]