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Emeritus Professor Geoffrey Lindell

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Emeritus Professor Geoffrey Lindell Emeritus Professor Geoffrey Lindell Short description Introduction Professor Geoffrey Geoffrey Lindell was awarded the title of Emeritus Professor of Law at the Adelaide University in December 2017 He retired from full time teaching early in 2002. Since then he was an Adjunct Professor of Law at the Adelaide University (until the end of 2017) and the Australian National University (until the end of 2010); and also a Professorial Fellow of the University of Melbourne (until the end of August 2016). Before then he held full time academic positions at both the Australian National University where he spent the most of his academic life from 1975 to 1993 (Senior Lecturer and Reader in Law) and the University of Melbourne from 1994 to 2001 (Reader and Associate Professor of Law and rising to the position of Professor of Law in 1999). He was a guest of the Washington and Lee University Law School, Lexington, Virginia, USA, where he taught during the Spring Semester (February – April 2004). Throughout his career he has taught and published widely in the field of Australian constitutional and public law, Research and publications since 2002 His most recent publication was the extensive updating and inclusion of several new chapters of a famous book on federal jurisdiction Cowen and Zines’, Federal Jurisdiction in Australia (4rd ed, 2016)) The book has been highly praised by two former Chief Justices of the High Court (Sir Anthony Mason and the Hon Robert French) and already been cited in some recent cases decided by that Court and the New South Wales Court of Appeal. His other publications have included the publication, as editor, Sir Anthony Mason, The Mason Papers (2007), Future Directions in Australian Constitutional Law (1994), senior co - editor of Parliament: The Vision in Hindsight (2001 with R Bennett), and, co-editor of Reflections on the Australian Constitution (2003 with Justice R French and Professor C Saunders) and also as co - author of Sawer's Australian Constitutional Cases (4th ed., 1982 with Professor L Zines). They also include the publication as author of a number of papers published by ANU Centre for International and Public Law: in the Law and Policy Paper Series: “Tribunals of Inquiry and Royal Commissions (Paper 22, 2003) and “Responsible Government and the Australian Constitution – Conventions transformed into Law” (Paper 24, 2004), “The Coalition Wars against Iraq and Afghanistan in the courts of the UK, Ireland and the US – Lessons for Australia” (Paper 26, 2005). He also co-edited with Professor Peter Cane, a special issue of the Federal Law Review (vol 38)published in in 2010 in honour of Professor Leslie Zines on his 80th birthday Other publications since 2008 have included: “The Constitutional Commission and Australia’s First Inhabitants: Its Views on Agreement Making and a New Power to Legislate” (2012) 15(2) Australian Indigenous Law Review 26; “Judicial Review and the Dismissal of an Elected Government in 1975: Then and Now?” (2014) 38 Australian Bar Review 118; 2 “The changed landscape of the executive Power of the Commonwealth after the Williams case” (2013) 39 Monash University Law Review 348; “The Role of a State Governor in relation to illegality” (2012) 23 Public Law Review 268; “In Defence of the High Court: The Role of the High Court as an Agent of Constitutional Change” (2012) 33 Adelaide Law Review 1; “The Resolution of Inconsistent State and Territory Legislation” (co-written with Sir Anthony Mason) (2010) 38 Federal Law Review 391 – 422 (Special Issue published in honour of Professor Leslie Zines on his 80th birthday); “Advancing the Federal Principle through the Inter-governmental Immunity Doctrine” in H P Lee and P Gerangelos (eds), Constitutional Advancement in a Frozen Continent: Essays in Honour of George Winterton (Federation Press, 2009) Ch 2; “Assent or refusal to assent to legislation – on whose advice?” (2009) 11 Constitutional Law and Policy Review (No 3), 126 – 138; “Constitutional Issues Regarding Same Sex Marriage: A Comparative Survey – North America and Australasia” (2008) 30 Sydney Law Review 27 - 60), “The scope of the defence and other powers in the light of Thomas v Mowbray” (2008) 10 Constitutional Law and Policy Review 42- 50, “Detainee 002: The Case of David Hicks by Leigh Sales (Carlton, Victoria: Melbourne University Press, 2007)” – book review article co-authored with Sir Anthony Mason, (2008) 9 Melbourne Journal of International Law 515 - 538. Other publications between 2002 – 2007 have included “The constitutional authority to deploy Australian military forces in the Coalition war against Iraq” (2003) 5 Constitutional Law and Policy Review 46 – 50; Chapter, “Murphy Affair in Retrospect” in H Lee and G Winterton (eds), Australian Constitutional Landmarks (Cambridge Uni Press, 2003), Ch 11, 280 – 311, “The Hollingworth affair: implications for the future appointment of vice-regal representatives” (2004) 6 Constitutional Law and Policy Review 73 – 79, “ A Possible Limit on the Use of Commonwealth Places for ‘Non- Federal Purposes’: From Airports to Shopping Malls” (2004) Public Law Review 265, “Grappling with Inconsistency between Commonwealth and State legislation and the link with statutory interpretation” (2005) 8(2) Constitutional Law and Policy Review 26 – 44 and “Commonwealth control of ports as an exercise of the Commonwealth’s first and foremost power’” (2005) 16 Public Law Review (No 4) 271 – 5, “The Statutory protection of rights and parliamentary sovereignty: Guidance from the United Kingdom?” (2006) 17 Public Law Review 188, “State legislative power to enact same-sex marriage legislation, and the effect of the Marriage Act 1961 (Cth) as amended by the Marriage Amendment Act 2004 “ (Cth) (2006) 9(2) Constitutional Law and Policy Review 25 – 36, “ Sir Ninian Stephen as Governor-General” in T McCormack and C Saunders (eds) Sir Ninian Stephen: A Tribute (Miegunyah Press 2007 )Ch 2 (a book containing a collection of chapters devoted to the career of Sir Ninian Stephen ) 26 – 56 and “The Combet Case and the appropriation of taxpayers’ funds for political advertising - an erosion of fundamental principles?” (2007) 66(3) Australian Journal of Public Administration 307 – 328. Lectures and talks After his retirement from full time teaching he continued to give frequent talks and lectures to academic and legal audiences including talks given to the Law Schools at the Adelaide, Australian National Universities and the Universities of Melbourne, Monash, Sydney and Western Australia. 3 During his career he delivered two prestigious public lectures. The first was the Seventh Lucinda Lecture, “The Australian Constitution: Growth, Adaptation and Conflict – Reflections About Some Major Cases and Events” delivered at the Monash University, on Wednesday 28 April 1999. The second was the Fourth George Winterton Memorial Lecture “Judicial Review and the Dismissal of an Elected Government in 1975: Then and Now?” delivered in the Banco Court of the Supreme Court of New South Wales, Sydney, on 14 February 2013: Advice and assistance to governments and parliaments (a) Governments Throughout his career Professor Lindell has played an important role in advising and assisting governments and parliaments. He served as a member of the Distribution of Powers Advisory Committee to the Constitutional Commission (1986 - 1987), and was a consultant to the Australian Constitutional Convention (1975 - 1985). Before he joined the Australian National University Law School he was employed in the Federal Attorney-General’s Department between 1966 and 1975. He held a senior position specialising in constitutional review in that Department by the time he resigned from that employment to pursue an academic career. He has since acted as a consultant to the same Department on several occasions. He has also acted as a standing consultant to the House of Representatives since 2001 and also provided advice to the Western Australian Parliament, the South Australian Auditor-General and a British joint parliamentary committee which inquired into parliamentary privilege. He continued that work after his retirement from full time teaching in 2002. At various times, he provided (sometimes jointly with Professor John Williams) high level constitutional and legal advice to the South Australian Government on questions relating to South Australia’s share of waters from the River Murray and the possibility of launching and commenting on High Court proceedings to challenge the diversion of those waters by the upstream States (b) Parliaments Between 2003 and 2014 he acted as a consultant to the House of Representatives on a standing retainer. This involved being available to provide professional legal and constitutional advice concerning the working of the Commonwealth Parliament, the provision of notes on modern developments in parliamentary law in Australia and other comparable Commonwealth jurisdictions, annual presentations on matters of relevance to parliamentary staff and officers involving the same issues, co-authorship of significant report on powers and procedures of the House of Representatives to deal with breaches of parliamentary privilege – the main recommendations of which were subsequently adopted by the House. Some of the annual presentations were subsequently published as articles in academic and professional journals Professor Lindell delivered annual lectures between 2008 and to 2010, and provided, in 2012, for use in association with such lectures in subsequent years, comprehensive materials
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