Progressing Towards Conservatism
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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. -
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. -
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. -
Master 260 April ABR Final
MEDIA Flip-flops Bridget Griffen-Foley N-AIR BANTER. It’s a staple of radio and television attacking somebody who has achieved something, then I shows seeking to project a friendly, accessible image. think that’s very sad.’ OThink of the chats between Steve and Tracy on Carlton was also sharply critical of Alan Jones, who was Today, and Mel and Kochie (and, increasingly, their viewers) now 2UE’s breakfast host. First he declared the rival on Sunrise. Chats between news, sports and weather present- programme ‘a direct photocopy of mine’, then he dismissed ers are routine. It helps if the weather presenter is gorgeous, Jones as ‘a fast-talking merchant of hype’. Carlton returned to zany or eccentric, such as Tim Bailey on Channel Ten’s 5 p.m. Australia in 1994, where he briefly presented a music-driven news in Sydney or the semi-retired Willard Scott on the NBC breakfast program on MIX 106.5 FM, promising ‘no dumb Today show. (There was never any evident warmth or banter talkback’ and advising listeners to tune in to Jones if they between Channel Nine’s Brian Henderson and Alan Wilkie, ‘want to be told what to think’. one of the few actual meteorologists on air.) The presenters Why recycle these old comments? Well, pretty soon are meant to seem ‘just like us’ as they yarn about their Carlton was back doing talk radio on ABC 702 and then 2UE; weekends, their birthdays and their children. Some of the after a time hosting the 2UE afternoon programme he began chats, particularly between radio hosts, are designed to including more talkback, assuring listeners that he wanted to personalise and promote interest in what’s coming up on the hear what they had to say; and his stablemates were Jones next programme. -
Legislative Council
LEGISLATIVE COUNCIL ORAL HISTORY PROJECT LC Members Ante-Room, Parliament House, Sydney Wednesday 12 September 2018 The discussion commenced at 10:00 am PRESENT Mr David Blunt Dr David Clune Mr Richard Jones Wednesday, 12 September 2018 Legislative Council Page 1 Dr CLUNE: How did you become a member of the Legislative Council? Mr JONES: I got involved in politics back in 1971-72 when I was trying to stop the destruction of Myall Lakes, which is now a national park. I wrote back and forth to Premier Robin Askin, as he was then. He said, "Well, you may know about publishing, Mr Jones, but you know nothing about politics", which was like a red rag to a bull. So I abandoned my career and that new trail led me to standing for the Legislative Council in 1988. I gave up an extremely highly paid job back in 1972 to campaign for the environment. I was at the top of my earning capacity. I was general manager of Hamlyn House. I had a property portfolio I was building up as well. Anyway, I gave all that up. I was approached by Armon Hicks, who was Lis Kirkby's offsider, to stand for the upper House back in 1984. He said, "Would you like to be an MLC?" I said, "I would rather be a senator actually", just jokingly. He said, "If you want to be an MLC follow this path. First of all you have to stand for the lower House. You have to stand in the next election"—which was 1984—"for Warringah", where I got about six per cent. -
Mr Speaker (The Hon
LEGISLATIVE ASSEMBLY Wednesday, 17th November, 1993 ______ Mr Speaker (The Hon. Kevin Richard Rozzoli) took the chair at 2.15 p.m. Mr Speaker offered the Prayer. DEPARTMENT OF THE LEGISLATIVE ASSEMBLY Report Mr Speaker laid upon the table the report of the Department of the Legislative Assembly for the year ended 1993. Ordered to be printed. MATTER OF PUBLIC IMPORTANCE Mr Speaker advised the House that he had received from the honourable member for Riverstone notice of a matter of public importance, which would be set down for debate at the conclusion of formal business. MINISTRY Mr FAHEY: I wish to inform the House that in the absence of the Minister for Industrial Relations and Employment and Minister for the Status of Women I will answer questions that may be directed to her portfolio. QUESTIONS WITHOUT NOTICE ______ POLICE ADMINISTRATION Mr CARR: My question without notice is directed to the Premier. Have changes to police administration finally been forced on the Government by the Hon. Ted Pickering? Do the changes represent a vote of no confidence in the present Minister for Police? Mr FAHEY: The answers in brief are no and no. However, I take this opportunity to advise honourable members that in the past five and a half years this Government has undertaken enormous reform within the Police Service. A great deal of that reform was initiated by the former Minister for Police. Honourable members who recognise a fair thing would acknowledge that the matters brought forward in recent times by the Hon. Ted Pickering were brought forward out of one concern, and one concern only, which was to establish a better Police Service in this State and one in which the public had complete confidence. -
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. -
Political Chronicles Commonwealth of Australia
Australian Journal of Politics and History: Volume 53, Number 4, 2007, pp. 614-667. Political Chronicles Commonwealth of Australia January to June 2007 JOHN WANNA The Australian National University and Griffith University Shadow Dancing Towards the 2007 Election The election year began with Prime Minister John Howard facing the new Opposition leader, Kevin Rudd. Two developments were immediately apparent: as a younger fresher face Rudd played up his novelty value and quickly won public support; whereas Howard did not know how to handle his new “conservative” adversary. Rudd adopted the tactic of constantly calling himself the “alternative prime minister” while making national announcements and issuing invitations for summits as if he were running the government. He promised to reform federal-state relations, to work collaboratively with the states on matters such as health care, to invest in an “education revolution”, provide universal access to early childhood education, and to fast-track high-speed broadbanding at a cost of $4.7 billion. Rudd also began to stalk and shadow the prime minister around the country — a PM “Doppelgänger” — appearing in the same cities or at the same venues often on the same day (even going to the Sydney cricket test match together). Should his office receive word of the prime minister’s intended movements or scheduled policy announcements, Rudd would often appear at the location first or make upstaging announcements to take the wind from the PM’s sails. Politics was a tactical game like chess and Rudd wanted to be seen taking the initiative. He claimed he thought “it will be fun to play with his [John Howard’s] mind for a while” (Weekend Australian Magazine, 10-11 February 2007). -
Mr Speaker (The Hon
LEGISLATIVE ASSEMBLY Wednesday, 27th October, 1993 ______ Mr Speaker (The Hon. Kevin Richard Rozzoli) took the chair at 2.15 p.m. Mr Speaker offered the Prayer. OMBUDSMAN'S REPORT Mr Speaker laid upon the table a copy of the report of the Ombudsman for the year ended 30th June, 1993. Ordered to be printed. QUESTIONS WITHOUT NOTICE ______ FORMER MINISTER FOR POLICE AND EMERGENCY SERVICES ALLEGATIONS Mr CARR: I direct my question to the Premier. As the Minister for Police said this morning that there were only two new allegations made by the Hon. Ted Pickering yesterday, why will it take 72 hours for the Government to be briefed? Will the Premier table on 9th November written responses to all the Pickering allegations to enable them to be debated before Parliament adjourns? Mr FAHEY: It should be pointed out to all honourable members that the matters relating to the Hon. Ted Pickering are still the subject of debate in another place. That debate has not been concluded. All honourable members should be willing to accept that a committee of this Parliament has dealt with this matter. That committee consisted of members of the Government and the Opposition, and included members from the crossbenches. They have extensively examined many of the matters that were the subject of an address by the Hon. Ted Pickering in another place yesterday. I believe we have to have some confidence in a committee that has spent time listening to an extensive amount of evidence. I, the Leader of the Opposition and most members of this House, in fact all who were not members of the committee, are not privy to evidence which was given in camera. -
The Race Issue in Australia's 2001 Election
The Joan Shorenstein Center on the Press, Politics and Public Policy Working Paper Series The Race Issue in Australia’s 2001 Election: A Creation of Politicians or the Press? By Paul Kelly Shorenstein Fellow, Spring 2002 Editor at Large, the Australian #2002-8 Copyright © 2002, President and Fellows of Harvard College All rights reserved 1 The Origins of the Crisis In late August 2001, the routine journey across the Indian Ocean of a Norwegian freighter, the Tampa, would become a voyage from hell, with the Tampa itself transformed into a floating monument to inhumanity, the focus of an international political dispute, and a bitter symbol in Australia’s 2001 national election. The story of the Tampa is a modern morality tale: it documents the tragedy of refugee policy and global migrations – the conflict between asylum-seekers desperate to find a better life and the reluctance of citizenry of the rich stable democracies to embrace them. It also contains a powerful lesson for the press – and a warning of challenges to come. On August 26, the Tampa was traveling from the Australian port of Fremantle to Singapore. In response to an Australian search and rescue broadcast, it intercepted a stricken Indonesian vessel and took aboard 433 people, nearly all of them Afghans headed for Australia’s remote Christmas Island and what they hoped would be a new home in Australia itself. The pick-up occurred within the Indonesian rescue zone∗ and so the Tampa’s experienced captain, Arne Rinnan, set course for the port of Merak on the Indonesian island of Java 250 miles away, where permission to land had been given. -
Legislative Council
3742 LEGISLATIVE COUNCIL Wednesday 26 June 2002 ______ The President (The Hon. Dr Meredith Burgmann) took the chair at 10.00 a.m. The President offered the Prayers. AUDIT OFFICE The President, tabled, pursuant to the Public Finance and Audit Act 1983, a performance audit report entitled "e-Government User-friendliness of Websites", dated June 2002. Ordered to be printed. BUSINESS OF THE HOUSE Precedence of Business Motion by the Hon. John Della Bosca agreed to: That on Thursday 27 June 2002 Government Business take precedence of General Business. M5 EAST MOTORWAY Motion by the Hon. Richard Jones agreed to: 1. That, under Standing Order 18, there be laid on the table of the House by 5.00 p.m. on Thursday 27 June 2002 and made public without restricted access: (a) any document created since 28 March 2001, and not previously provided to the House, in the possession, custody or power of the Cabinet Office, the Roads and Traffic Authority (referred to as RTA), the Premier's Department, the Department of Urban Affairs and Planning (referred to as DUAP), the Environment Protection Authority (referred to as EPA) and the Department of Health, including related ministerial offices, relating to: (i) the M5 East tunnel ventilation or ventilation in existing and proposed road tunnels, (ii) air quality data from local monitoring stations established at Turrella, Earlwood, Bardwell Valley and Undercliffe, and any comparative analysis with other Sydney monitoring stations for the same period, not already publicly available on the RTA web site, (iii) predicted -
September 2004 Vol 8, No 3 September 2004
Exercise Explorer September 2004 Vol 8, No 3 September 2004 Contents Bluey Day..................................................................................................................2 Exercise Explorer......................................................................................................6 Alexandria industrial complex fire.........................................................................12 Hazmat incident at Singleton.................................................................................13 A tight squeeze.......................................................................................................13 Banksmeadow paper mill fire.................................................................................14 Mulch fire at Eastern Creek...................................................................................16 Toukley truck accident...........................................................................................18 ComSafe in Malaysia ..............................................................................................20 NAIDOC week celebrations.....................................................................................22 NSWFB firies set high standards.............................................................................23 The passing of an era .............................................................................................24 Institution of Fire Engineers Patron.......................................................................25