Obituary Personalia

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[1987] Reform 211 • Occupational Regulation. First joint • Medical treatment for minors. DP in DP on occupational regulation, ‘Es preparation. tate Agents and Auctioneers*, has • Medical treatment for the dying. DP been published by the Commission in preparation. and the Regulation Review Unit. Two more papers on general reg • Police Act Offences. DP in prepara ulatory principles and secondhand tion. dealers/pawnbrokers are near com • Minors Contracts. Report in prepa pletion. ration. • Medicine Science and the Law. A • Limitation and notice of actions. DP on gene modification will be re DP in preparation. leased soon, and a more general pa per on the subject is ready to be • Payment of Witnesses in Civil Pro printed. Symposium papers on in ceedings. DP in preparation. formed consent and a DP on the sub ject are with the printer. * * * • Obsolete Legislation. Report tabled by the Attorney-General in August. obituary Copies will be available in October. • Land Law. Report on Mortgagee’s Sir Richard Blackburn Auctions and Judgment Debts was Australian National University Chancellor, tabled in August. A ‘plain English’ Sir Richard Blackburn, died in Canberra Subdivision Bill was drafted and is this month, aged 69. Sir Richard had due for introduction in the Legisla been associated with Law Reform for many tive Council soon. Final drafts of years. He was Chairman of the Law Re the Torrens Register report are be form Commission of the Australian Capital ing examined by consultants. Territory between 1971 and 1976. He had • Sexual Offences. ‘Rape and Allied been Chancellor of the ANU since 1984. Offences: Substantive Aspects’ re He was Chief Judge of the Supreme Court port has been tabled. Three con of the Australian Capital Territory from sultancy projects relating to child 1977 to 1982 and Chief Justice of that sex abuse have been commissioned. court from 1982 to 1985. He was a judge The report on procedural and evi of the Federal Court from 1977 to 1985 dentiary aspects of the rape refer and a judge of the Supreme Court of the ence is in a final draft form. Papers Northern Territory from 1966 to 1971. Sir on child victims, and victims with Richard is survived by his widow, Lady He impaired mental functioning are in len Blackburn, and a son and a daughter. preparation. * * * Western Australia Law Reform Com mission (WALRC) • personalia • Criminal Process and Mental Disor der. DP issued and comments being The Hon Justice Michael Kirby considered. CMG • Local Courts. Report in prepara Former Chairman of the Australian Law tion. Reform Commission and now President of.

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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 Copyright Service. sydney.edu.au/copyright Land Rich, Dirt Poor? Aboriginal land rights, policy failure and policy change from the colonial era to the Northern Territory Intervention Diana Perche A thesis submitted in fulfilment of the requirements for the degree of Doctor of Philosophy Department of Government and International Relations Faculty of Arts and Social Sciences University of Sydney 2015 Statement of originality This is to certify that to the best of my knowledge, the content of this thesis is my own work.
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Children and Young People: the Law and Human Rights (PDF, 199KB)
Centre for International and Public Law Faculty of Law Australian National University CHILDREN AND YOUNG PEOPLE: THE LAW AND HUMAN RIGHTS The Hon Alastair Nicholson, AO RFD Chief Justice Family Court of Australia Occasional Paper THE LAW SOCIETY OF THE AUSTRALIAN CAPITAL TERRITORY The Sixteenth SIR RICHARD BLACKBURN LECTURE 14 May 2002 CHILDREN AND YOUNG PEOPLE: THE LAW AND HUMAN RIGHTS Introduction I am greatly honoured to have been invited to present this year’s address commemorating the enormous and wide-ranging contributions to Australian society made by The Honourable Sir Richard Blackburn OBE. I commend the Law Society of the Australian Capital Territory for having initiated this important annual event in 1986 and I feel privileged to follow in the footsteps of the eminent speakers who have given the Lecture since Sir Richard himself delivered the first one. Sir Richard graduated with a Bachelor of Arts from the University of Adelaide and Oxford University and a Bachelor of Civil Law degree from Oxford University. He was a Rhodes Scholar for South Australia in 1940 and attended Eldon Law School in 1949. Sir Richard served in the Australian Imperial Forces from 1940 to 1945 and rose to the rank of Captain. In 1949 he was called to the Bar at the Inner Temple in 1949 and he was admitted to practice as a solicitor in South Australia in 1951. His Honour served as a Judge of the Supreme Court of the Northern Territory from 1966 to 1971 before his appointment as a Judge of the Supreme Court of the Australian Capital Territory.
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April 2016 • Issiue 2 Would Aboriginal Land Rights Be
April 2016 • issiue 2 www.nlc.org.au As we look to celebrate the 40th Adam Giles. by the NLC with them, and with the future of Darwin for generations to Belyuen Group and Larrakia families. come. It also provides the family groups anniversary of the Aboriginal Land A formal hand-back ceremony was involved with real benefits. These Rights (Northern Territory) Act, final expected to be arranged within the Mr Bush-Blanasi said he acknowledged benefits will open up new economic coming months. that not all Larrakia families have settlement has been reached over the opportunities as well as preserving their approved the settlement, and that some Kenbi land claim. In a battle that has Over its tortuous history the claim was cultural ties with the land. continue to disagree with the Land been going on for nearly as long as the subject of two extensive hearings, Commissioner’s findings regarding “I think the settlement that has been the existence of the Land Rights Act three Federal Court reviews and two traditional Aboriginal ownership. accepted is extremely innovative as itself, the Kenbi claim has been the High Court appeals before the then provides a combination of Territory Aboriginal Land Commissioner Peter “I accept that for some Larrakia focus of numerous court cases and freehold land as well as granting of Gray delivered his report in December this whole process has caused much claim hearings, and hostility from a claimed land under the Land Rights 2000. distress. However, this claim has hung succession of CLP governments. Act.” over us all for far too long.
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[email protected] 3
C/O The Executive Director Australian Law Reform Commission GPO Box 3708 Sydney NSW 2001 Email: [email protected] 3 May 2018 Dear Professor Rhoades The Australian Bar Association (ABA) is the peak body representing nearly 6000 barristers throughout Australia. Established in 1963, the ABA is committed to serving our members, improving our profession, and promoting the rule of law and the effective administration of justice. The ABA appreciates the opportunity to respond to the Australian Law Reform Commission Issues Paper (the Issues Paper) as part of its review of the family law system. A draft of the submission by the Family Law Section of the Law Council of Australia (LCA) was shared with the ABA and we support the LCA responses as viewed. In addition, the ABA provides the following barrister-specific observations, prepared by our Family Law Committee and approved by the ABA Executive. Given the ABA supports the LCA submission, this ABA submission only addresses four topics: 1. Case management; 2. Costs orders; 3. Family consultants; 4. Use of the terms ‘adversarial’ and ‘inquisitorial’. Yours sincerely Noel Hutley SC President 1 ABA response to the ALRC Review of the Family Law System Issues Paper May 2018 SECTION ONE: CASE MANAGEMENT 1. This section addresses a number of the questions posed, for example, but not limited to Question 20 of the Issues Paper: “What changes to Court processes could be made to facilitate the timely and cost-effective resolution of Family Law disputes”. This is a question that has been considered and addressed many times before. Any comprehensive response to this question must involve discussion of the family law system, the history of the system, and include the structure of the court system and case management.
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TRANSCRIPT OF PROCEEDINGS SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY CEREMONIAL SITTING on the occasion of the retirement of THE HONOURABLE JUSTICE MALCOLM GRAY CANBERRA 9.34 AM, FRIDAY, 29 JULY 2011 Retirement of Gray J 1 29 July 2011 THE REGISTRAR: Supreme Court Ceremonial Sitting to mark the retirement of the Honourable Malcolm Gray J. HIGGINS CJ: Well, welcome to everybody who’s in attendance today 5 and particularly may I welcome our guest of honour Gray J, his wife Laura and the extended Gray family, two generations thereof being present. I welcome the judges who are present today, particularly we are honoured 10 by the presence of Robert French CJ of the High Court of Australia, former judges of this court, the Honourable Jeffrey Miles and the Honourable John Gallop and the former master of this court Alan Hogan. It’s a great pleasure to have them with us today along with magistrates, members of the Legislative Assembly, practitioners, staff members and of 15 course ladies and gentlemen. I acknowledge the apologies of those unable to attend this ceremonial sitting. Their Honours of the High Court, justices of the High Court otherwise and of course his Honour the chief justice, Chief Minister 20 Katy Gallagher, Federal Attorney-General Robert McClelland, Commonwealth Solicitor-General Steven Gageler, Patrick Keane CJ of the Federal court, deputy John Fowlkes CJ and her Honour Mary Finn J of the Family Court, former judge of this court the Honourable Dr Ken Crispin who offers the inadequate excuse that he’s surgeoning in 25 the south of France and the further additional and recent acting judges of this court.
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1 Speech Delivered by Chief Justice Higgins on the Occasion of the 75
Speech delivered by Chief Justice Higgins on the occasion of the 75th anniversary of the Supreme Court on Friday 30 January 20091 Chief Minister, Mr Pilkinton, Mr Barnett, Members of the Legislative Assembly, the Judiciary, the Magistracy and the legal profession (not necessarily in that order), staff of the Law Courts, ladies and gentlemen. We gather today to celebrate the 75th anniversary of the Supreme Court of the Australian Capital Territory; an historic occasion and one deserving of commemoration. I am fortunate to share the bench today with many esteemed colleagues: the resident judges of this Court their Honours Justices Gray, Refshauge and Penfold, and my nephew Master Harper, the additional judges of this Court, their Honours Justices Graham, Lander, Spender, Moore and Cowdroy OAM and their Honours Chief Justice French of the High Court and Chief Justice Black AC of the Federal Court. It is also a privilege to have present my predecessor, the Honourable Mr J.A. Miles AO, and former judges of this Court, the Honourable Mr J. Gallop AM QC RDF and the Honourable Mr K. Crispin QC. Also present are former additional judge the Honourable Antony Whitlam QC and former Master Alan Hogan. It is a great pleasure to have their company today to celebrate 75 years of the Court to which they have made a distinguished and lasting contribution. I wish to acknowledge the apologies of those unable to attend this ceremonial sitting: PLEASE SEE ADDENDUM LIST. 1 I would like to acknowledge the research and drafting assistance provided by my Associate, Ms Tamara Tulich.
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The Contribution of Children to Australian Administrative Law
Centre for International and Public Law Faculty of Law Australian National University THE CONTRIBUTION OF CHILDREN TO AUSTRALIAN ADMINISTRATIVE LAW Diana Bryant Chief Federal Magistrate Occasional Paper The Law Society of the ACT Sir Richard Blackburn Lecture 13 May 2003 - 0 - LAW SOCIETY OF THE AUSTRALIAN CAPITAL TERRITORY SIR RICHARD BLACKBURN LECTURE 13 MAY 2003 THE CONTRIBUTION OF CHILDREN TO THE JURISPRUDENCE OF THE FEDERAL MAGISTRATES COURT AND THE RELEVANCE OF THE ‘BEST INTERESTS OF THE CHILD’ PRINCIPLE IN THE LEGAL WORK OF THE FEDERAL MAGISTRATES COURT DIANA BRYANT1 CHIEF FEDERAL MAGISTRATE INTRODUCTION I am honoured and privileged to have been invited to deliver the 2003 Blackburn Lecture. I wish to mention, but not to dwell on, the well-known public achievements of Sir Richard Blackburn to the law and society. Suffice to say that his career was one of public service to his country, scholarship, leadership and judicial excellence. I did not know him personally but I am reliably informed by those who appeared before him that there was much more to Richard Blackburn than simply an outstanding jurist. Amongst his most admirable qualities I am told was his open-mindedness. Although he may have appeared to come to a firm conclusion during an argument, he was always ready to listen to the contrary argument and to admit any error - he was even apologetic to counsel who had persuaded him of his error. 1 I wish to acknowledge the contribution of Cleona Feuerring, Associate to FM Raphael, who has assisted me significantly with research concerning the legal issues discussed in this paper.
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IN the HIGH COURT of AUSTRALIA Office Of
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Address on the Launch of the Northern Territory Law Journal, August 2007
* NOT ANOTHER LAW JOURNAL? ADDRESS ON THE LAUNCH OF THE NORTHERN TERRITORY LAW JOURNAL The Hon Justice Michael Kirby AC CMG** A PROBLEM OF LAW JOURNALS Some of those who gather to participate in the re-launch of the Northern Territory Law Journal may be asking themselves, how can yet another law journal be justified? In 1936, Professor Fred Rodell wrote what was perhaps the most famous article on this subject. Titled "Goodbye to Law Reviews"1, Rodell's classic commentary suggested that journals of this kind were becoming less relevant and should be discouraged - even pulped. Rodell's controversy was reignited for the Australian scene by the republication of his essay in the Australian Law Journal2. As someone who tries to read (or at least scan) most of the law journals published in * Text on which was based an address at the Supreme Court of the Northern Territory, Darwin, on 28 June 2007 when the Northern Territory Law Journal was re-launched. ** Justice of the High Court of Australia. 1 (1936) 23 Virginia Law Review 38. See also (1962) 48 Virginia Law Review 279. 2 (1999) 73 ALJ 593. 2. Australia, I felt provoked by Rodell's essay and by a commentary, written in support of his thesis, by Mr John Gava of the Law School of the University of Adelaide3. John Gava asserted that, far from becoming less relevant to the Australian legal publishing in the intervening sixty years, Rodell's criticism of the style and contents of United States law reviews in the 1930s had added significance in Australia today.
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Domestic Violence
The Law Reform Commission Report No 30 DOMESTIC VIOLENCE Australian Government Publishing Service Canberra 1986 The Law Reform Commission is established by section 5 of the Law Reform Commission Act 1973 as a permanent law reform agency of the Commonwealth and its Territories. It commenced operations in 1975. Section 6 of the Law Reform Commission Act sets out the functions of the Commission. The offices of the Commission are at 99 Elizabeth Street, Sydney, NSW, Australia (Tel 02 231 1733) and at 25 London Circuit, Canberra City, ACT, Australia (Tel 062 47 2166). For further information about the Commission and its work, please contact: Mr IG Cunliffe, Secretary and Director of Research, at the Sydney address. Commission Reference: ALRC 30 © Commonwealth of Australia 1986 ISBN0 644 01339 7 Printed by Aiken Press Pty. Ltd. — Smithfield Phototypesetting by Photoset Computer Service Pty. Ltd., Sydney This Report reflects the law as at 1 February 1986 NOTE: References to the Crimes Act 1900 (NSW:ACT) are references to the Crimes Act 1900 of the State of NSW in its application to the ACT. Contents Paragraph Terms of Reference Participants Summary Summary of Recommendations 1. Introduction The Reference Terms of Reference 1 Matters not dealt with Rape in marriage 2 Spouse murder 3 Related matters 4 Underlying themes 5 Reform in other jurisdictions 6 External assistance 7 2. Domestic violence: nature, extent and causes Violence a crime 8 Definition Domestic violence offences 9 Mental violence 10 Extent of domestic violence A hidden problem 11 The position in the Australian Capital Territory A phone-in 12 Design and conduct of the phone-in 13 Respondents 14 Kinds and frequency of violence 15 Police involvement 16 Others involved 17 Offenders 18 Pattern of domestic violence Women as victims 19 Men as victims 20 Monitoring domestic violence 21 Causes of domestic violence Theories 22 Alcohol 23 Conclusion 24 3.
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Imagereal Capture
Charles Bagot* THE HON SIR RICHARD BLACKBURN OBE The death of Richard Arthur Blackburn, the former Chief Justice of the Australian Capital Territory, on 1 October 1987 at the early age of 69 years was a sad loss to the legal and university communities of Australia and to public life itself. It has special significance to the University of Adelaide, where from 1950 to 1957 he was Bonython Professor of Law. Richard Blackburn was one of a group of young Professors, including Peter Karmel, JJC Smart and Hugh Stretton, who came to the University when post war growth was quickening. On his appointment as Bonython Professor at the age of thirty-two he had already achieved distinction. His student life at St Peters College and his time as an undergraduate at St Marks' College, University of Adelaide, was marked by high achievement. He graduated with First Class Honours in English Literature, and in 1939 he was awarded the John Howard Clark Prize as the candidate who was placed highest in the final examinations. He was chosen as Rhodes Scholar for 1940. Active service in the AIF in North Africa and Papua New Guinea, and the good fortune not to be 'killed, wounded, imprisoned or made invalid by the efforts of the King's enemies'l left him with the rank of Captain and with an enduring respect and sense of duty towards His Majesty's armed forces. At the end of the Second World War Richard Blackburn took up his Rhodes Scholarship, becoming President of the Junior Common Room at Magdalen College, and in 1949 he and another distinguished South Australian, the Hon Mr WAN Wells AO QC (now a former Judge of the Supreme Court of South Australia) were the first 'Dominion' students to be awarded the Eldon Scholarship.
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