DOCSLIB.ORG

SUPREME COURT of VICTORIA ANNUAL REPORT 2014–15 Letter to the Governor 29 July 2016

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
SUPREME COURT of VICTORIA ANNUAL REPORT 2014–15 Letter to the Governor 29 July 2016 SUPREME COURT OF VICTORIA ANNUAL REPORT 2014–15 Letter to the Governor 29 July 2016 To Her Excellency Linda Dessau AM, Governor of the State of Victoria and its Dependencies in the Commonwealth of Australia. Dear Governor, We, the judges of the Supreme Court of Victoria, have the honour of presenting our Annual Report pursuant to the provision of the Supreme Court Act 1986 with respect to the financial year 1 July 2014 to 30 June 2015. Yours sincerely, Marilyn L Warren AC The Honourable Chief Justice Supreme Court of Victoria About the cover The aerial view of the Supreme Court of Victoria is produced courtesy of the Judicial College of Victoria. Photographer: Sarah Anderson Photography. Published by the Supreme Court of Victoria Melbourne, Victoria, Australia July 2016 © Supreme Court of Victoria This report is protected by copyright. Apart from any use permitted under the Copyright Act 1968, all rights are reserved. ISSN 1839-6062 Authorised by the Supreme Court of Victoria. This report is also published on the Court’s website: www.supremecourt.vic.gov.au Enquiries: Supreme Court of Victoria 210 William Street Melbourne Victoria 3000 Tel: 03 9603 6111 Email: [email protected] CONTENTS 2 3 5 17 Foreword from Foreword from the 2014–15 Significant the Chief Justice Chief Executive Officer at a glance events This report highlights the Our support areas aim to deliver Performance measurement A LiberTea, Welcome to many achievements and timely and accessible services, is integral to the Court’s Country and Anzac ceremonial challenges the Court has whilst remaining resilient to vision of judicial leadership, sitting are among this year’s faced in 2014–15. numerous challenges. self-governance and efficient significant events. operations. 23 53 77 82 Our year in review: Our year in review: Financial Appendices Court Delivery Support delivery report 2014-15 was a busy year once Seven key areas provide high Sound planning and robust Extra-curricular judicial activity again for the Court of Appeal, quality support services and procedures are central in the and contact details of Victorian Trial Division and associate functions within the Court management of the Court’s courthouses where matters judges’ jurisdictions. and the community. financial resources. are heard. 31 41 58 72 CASE STUDY: CASE STUDY: CASE STUDY: CASE STUDY: In the spotlight – Bushfire class On the way Paying tribute the Sauber case actions settle to becoming a to those through mediation paper-free court who served SUPREMESUPREME COURTCOURT OFOF VICTORIAVICTORIA 1 FOREWORD FROM THE CHIEF JUSTICE The 2014-2015 Annual Report highlights many achievements and challenges the Court has faced as we continue to operate as an extremely busy and productive institution of justice on behalf of the Victorian community. The 2014-15 Annual Report speaks for itself. However, there are four primary observations I make: 1. The Supreme Court serves the rule of law and the people of Victoria to the highest standard. 2. The Court continues to hear and determine the most complex, difficult and serious litigation in Victoria. 3. The resource needs of the Supreme Court must be met to enable it to do its work. 4. The Court has urgent resource needs: • improved technology and the implementation of a digital strategy. • adequate security to ensure the safety of all who come to and work within the Court. This is especially so given the sensitive and confidential information produced in litigation and, also, the risks arising in terrorist cases. I note this report was delayed pending the delivery and analysis of the 2016-17 State Budget. Regrettably, no direct funding was given to the Supreme Court notwithstanding the urgent technological and security needs I describe. In terms of needs I also observe that the Supreme Court building complex remains unsatisfactory. We have concepts ready for the Government to develop when the time comes. The time must come when a modern 21st century facility is provided to the highest court in the state. Fully modern, innovative, efficient and sensitive justice requires an appropriate built environment. Presently, the Supreme Court sits across six buildings in the Melbourne legal precinct of varying standard, much of them being sub-standard. I take this opportunity to acknowledge and thank Court Services Victoria for its generous assistance to the Supreme Court throughout the year. Finally, on behalf of the judges of the Supreme Court I express deep appreciation for the continuously loyal, generous and creative support and assistance given to us by the Court’s administrative and judicial staff. Their commitment is essential to what we do. The Hon. Marilyn L. Warren AC Chief Justice of Victoria 2 2014–15 ANNUAL REPORT FOREWORD FROM THE CHIEF EXECUTIVE OFFICER The past year celebrated the first year of operation of Court Services Victoria (CSV), enabling the Supreme Court of Victoria to continue to deliver excellence in court administration through a structure independent of the executive arm of government. Anthony Hoogeveen and Paul Dore both undertook the role of Acting Chief Executive Officer during this period, and I acknowledge not only their A GLANCE AT contribution to many of the initiatives that shaped the Supreme Court in the 12 months to 30 June 2015, but also to the operation and the development of a strong foundation between the Court and CSV. Strengthening Court Administration The 2014-15 year saw significant development in all of our registries: the formation of the Commercial Court Registry, piloting of a dedicated Criminal Division Registry team, implementation of significant changes to the Court’s Rules, practices and procedures regarding the filing and management of civil applications (including for leave to appeal) and a program of change and reform undertaken within the Principal Registry. Initiations in the Principal Registry increased by 16.4 per cent and contacts with self-represented litigants (SRLs) increased by 23 per cent. The increasingly complex nature of services required by SRLs has led to a more in-depth understanding of their requirements, which in the coming year will see a strong focus on working with legal assistance providers to identify tools, referrals and pathways to assist these potential litigants. Delivering justice through enabling technologies In total, 24,120 documents were filed electronically, a growth of 36 per cent on the previous financial year (17,700). This represents 27 per cent of all documents filed and reflects our commitment to streamlining internal workflows, aligning operations to support specialisation and related case management models and becoming truly ‘digital first’. The Commercial Court became a division of the Supreme Court on 1 September 2014. The division is supported by a highly skilled registry workforce, led by a specialist judicial registrar and utilises technology that enables a ‘digital first’ approach to all its files. In 2014-15, the Judicial ICT Project delivered a mobile computing environment (Microsoft Office 365) with secure cloud storage capability to all members of the judiciary. This was an important milestone in the Court’s digital journey and became fully operational in February 2016. SUPREME COURT OF VICTORIA 3 The Courts business intelligence capacity continues to deliver a robust performance reporting framework for the Court. Improvements to data integrity and reporting, enabling the assessment of the impact of case management and procedural reforms on court resources, settlement rates, timing of settlements and trial length, assist the Court to manage its work and plan for the future. Looking forward As in previous years, our support areas succeeded in delivering timely and accessible services, within the context of increasing demand, procedural reforms and the limitations of out-of-date technology. The achievements and challenges outlined in this Annual Report highlight our commitment to continuous improvement, innovation in service delivery and accessible justice. The 2014-15 financial year has been one of innovation and improvement. I thank all staff for their contribution to the achievements of the Supreme Court in this period and look forward to continuing to support the Court in upholding the highest of standards in the administration of justice. Louise Anderson Chief Executive Officer 4 2014–15 ANNUAL REPORT SUPREME COURT OF VICTORIA 2014–15 AT A GLANCE Performance measurement and management is integral to the Supreme Court of Victoria’s vision of judicial leadership, self-governance and effective and efficient operations. AT A GLANCE AT SUPREME COURT OF VICTORIA 5 GLOBAL MEASURES OF COURT PERFORMANCE The Global Measures of Court Performance are a suite of core court performance measures that gauge the impact of services delivered for the community. The measures align with the values and areas of court excellence within the International Framework for Court Excellence (the framework). The Supreme Court of Victoria continued its Figure 1: Clearance rate (percentage) transition to the Global Measures of Court 120 Performance during 2014–15, 115 100 as part of the ongoing 104 102 benchmark 100% 93 implementation of the 80 framework. This year, the 60 Court has sufficient quality data associated with four of 40 the global measures to report on in this Annual Report: 20 clearance rate, case backlog, 0 on-time case processing and 2011-12 2012-13 2013-14 2014-15 cost per case. Clearance rate measures the number of cases the Court has finalised in a given period. It It is expected that further is expressed as a percentage of the number of cases initiated. In the period 2014–15, the data will be available next Court’s outcome for case clearances dropped marginally below its benchmark for the year to enable reporting on first time in five years. Importantly the Court continued to finalise an increasing number additional measures, such as of cases during 2014–15, and the reduction in this outcome was attributable to a 20 per court file integrity and trial cent increase in initiations in civil cases.
Load more

Recommended publications
  • Annual Report FY17-18
    2017/18 The Rhodes Trust Second Century Annual Report 2017/18 Trustees 2017/18 Sir John Hood KNZM, Chairman Professor Margaret Professor Ngaire Woods CBE (New Zealand & Worcester 1976) MacMillan CH, CC (New Zealand & Balliol 1987) Andrew Banks Dr Tariro Makadzange John Wylie AM (Florida & St Edmund Hall 1976) (Zimbabwe & Balliol 1999) (Queensland & Balliol 1983) Dominic Barton Michael McCaffery (British Columbia & Brasenose 1984) (Pennsylvania & Merton 1975) New Trustees 2018 Professor Sir John Bell GBE John McCall MacBain O.C. Robert Sternfels (Alberta & Magdalen 1975) (Québec & Wadham 1980) (California & Worcester 1992) Professor Elleke Boehmer Nicholas Oppenheimer Katherine O’Regan (South Africa-at-Large and St John’s 1985) Professor Dame Carol Robinson DBE Dame Helen Ghosh DCB Trustee Emeritus Dilip Shangvhi Donald J. Gogel Julian Ogilvie Thompson (New Jersey & Balliol 1971) Peter Stamos (Diocesan College, Rondebosch (California & Worcester 1981) & Worcester 1953) Glen James Judge Karen Stevenson (Maryland/DC & Magdalen 1979) Development Committee Andrew Banks, Chairman Bruns Grayson The Hon. Thomas McMillen (Florida & St Edmund Hall 1976) (California & University 1974) (Maryland & University 1974) Nicholas Allard Patrick Haden Timothy Orton (New York & Merton 1974) (California & Worcester 1975) (Australia-at-Large & Magdalen 1986) Dominic Barton Sir John Hood KNZM Lief Rosenblatt (British Columbia & Brasenose 1984) (New Zealand & Worcester 1976) (Massachusetts & Magdalen 1974) Shona L. Brown Sean Mahoney Arthur Scace, CM, QC, LLD (Ontario & New College 1987) (Illinois & New College 1984) (Ontario & Corpus Christi 1961) Gerald J. Cardinale Jacko Maree The Hon. Malcolm Turnbull MP (Pennsylvania & Christ Church 1989) (St Andrews College, Grahamstown (New South Wales & Brasenose 1978) & Pembroke 1978) Sir Roderick Eddington Michele Warman (Western Australia & Lincoln 1974) Michael McCaffery (New York & Magdalen 1982) (Pennsylvania & Merton 1975) Michael Fitzpatrick Charles Conn (Western Australia & St Johns 1975) John McCall MacBain O.C.
    [Show full text]
  • Judges' Annual Report
    Supreme Court of Victoria 2002–04 Annual Report SUPREME COURT OF VICTORIA 2002–04 JUDGES’ ANNUAL REPORT CONTENTS LETTER TO THE GOVERNOR Court Profile 1 To His Excellency Year at a Glance 2 The Honourable John Landy, AC, MBE Report of the Chief Justice 3 Governor of the State of Victoria and its Chief Executive Officer’s Review 7 Dependencies in the Commonwealth of Australia Court of Appeal 10 Dear Governor Trial Division: Civil 13 We, the Judges of the Supreme Court of Victoria have the honour to present our Annual Report Trial Division: Commercial and Equity 18 pursuant to the provisions of the Supreme Court Act 1986 with respect to the financial years of Trial Division: Common Law 22 1 July 2002 to 30 June 2003 and 1 July 2003 to 30 June 2004, including a transitional 18-month Trial Division: Criminal 24 Judges’ Report, reflecting the change in reporting period from calendar year to financial year. Masters 26 Funds in Court 29 Court Governance 31 Yours sincerely Judicial Organisational Chart 33 Judicial Administration 34 Court Management 36 Service Delivery 37 The Victorian Jury System 40 Marilyn L Warren The Court’s People 42 Chief Justice of Victoria Community Access 43 10 May 2005 Finance Report 2002–03 and 2003–04 45 Senior Master’s Special Purpose Financial Report for the John Winneke, P P D Cummins, J D J Habersberger, J Year Ended 30 June 2003 50 W F Ormiston, J A T H Smith, J R S Osborn, J Senior Master’s Special Purpose Stephen Charles, J A David Ashley, J J A Dodds-Streeton, J Financial Report for the F H Callaway, J A John
    [Show full text]
  • SPECIAL Victoria Government Gazette
    Victoria Government Gazette No. S 115 Friday 8 April 2011 By Authority of Victorian Government Printer COMMISSION passed under the Royal Sign Manual and the Public Seal of the State of Victoria appointing THE HONOURABLE MR ALEX CHERNOV AO QC to be the Governor of the State of Victoria in the Commonwealth of Australia ELIZABETH THE SECOND, by the Grace of God Queen of Australia and Her other Realms and Territories, Head of the Commonwealth: To the Honourable Mr Alex Chernov AO QC Greeting: We hereby appoint you Alex Chernov, under section 6(2) of the Constitution Act 1975 of the State of Victoria to be, during Our Pleasure, Our Governor of Our State of Victoria, in the Commonwealth of Australia. AND WE hereby authorise, empower and command you to perform the powers and functions of the Office of Governor in accordance with the Constitution Act 1975 of the State of Victoria, the Australia Acts 1986 of the Commonwealth of Australia and of the United Kingdom, and all other applicable laws. AND this Commission shall supersede our Commission dated 14 March 2006 appointing Professor David de Kretser AC, to be Governor of Our State of Victoria on 8 April 2011 or, if you have not taken the prescribed Oaths or Affirmations before that date, as soon as you have taken those Oaths or Affirmations. AND we hereby command all our subjects in Our State of Victoria and all other persons who may lawfully be required to do so to give due respect and obedience to the Governor accordingly. Given at Our Court of Saint James’s on 1 March 2011 By Her Majesty’s Command, (L.S.) TED BAILLIEU Premier of Victoria COMMISSION appointing the Honourable Mr Alex Chernov AO QC to be Governor of the State of Victoria SPECIAL 2 S 115 8 April 2011 Victoria Government Gazette PROCLAMATION By His Excellency, Alex Chernov, Governor of the State of Victoria in the Commonwealth of Australia.
    [Show full text]
  • The Supreme Court of Victoria
    ANNUAL REPORT ANNUAL Annual Report Supreme Court a SUPREME COURTSUPREME OF VICTORIA 2016-17 of Victoria SUPREME COURTSUPREME OF VICTORIA ANNUAL REPORT 2016-17ANNUAL Supreme Court Annual Report of Victoria 2016-17 Letter to the Governor September 2017 To Her Excellency Linda Dessau AC, Governor of the state of Victoria and its Dependencies in the Commonwealth of Australia. Dear Governor, We, the judges of the Supreme Court of Victoria, have the honour of presenting our Annual Report pursuant to the provisions of the Supreme Court Act 1986 with respect to the financial year 1 July 2016 to 30 June 2017. Yours sincerely, Marilyn L Warren AC The Honourable Chief Justice Supreme Court of Victoria Published by the Supreme Court of Victoria Melbourne, Victoria, Australia September 2017 © Supreme Court of Victoria ISSN 1839-6062 Authorised by the Supreme Court of Victoria. This report is also published on the Court’s website: www.supremecourt.vic.gov.au Enquiries Supreme Court of Victoria 210 William Street Melbourne VIC 3000 Tel: 03 9603 6111 Email: [email protected] Annual Report Supreme Court 1 2016-17 of Victoria Contents Chief Justice foreword 2 Court Administration 49 Discrete administrative functions 55 Chief Executive Officer foreword 4 Appendices 61 Financial report 62 At a glance 5 Judicial officers of the Supreme Court of Victoria 63 About the Supreme Court of Victoria 6 2016-17 The work of the Court 7 Judicial activity 65 Contacts and locations 83 The year in review 13 Significant events 14 Work of the Supreme Court 18 The Court of Appeal 19 Trial Division – Commercial Court 23 Trial Division – Common Law 30 Trial Division – Criminal 40 Trial Division – Judicial Mediation 45 Trial Division – Costs Court 45 2 Supreme Court Annual Report of Victoria 2016-17 Chief Justice foreword It is a pleasure to present the Annual Report of the Supreme Court of Victoria for 2016-17.
    [Show full text]
  • Chapter Lix. the Nativity and Non-Age of Melbourne
    CHAPTER LIX. THE NATIVITY AND NON-AGE OF MELBOURNE JOURNALISM (CONTLNUED.) SYNOPSIS:—George Arden.—William Kerr. —Thomas Hamilton Osborne.—Editorial Thrashings.—Byrne punches Greeves' Head.-Kelly cudgels Kerr.—Kerr's Arrest for carrying Arms.—Robinson assaults Cavenagh.— McNamara assaults Kerr.—Kentish assails Cavenagh—Davis knocks down Cavenagh.—" The Recording Angels:" Mr. Joseph Byrne.—Mr. William Corp.—Mr. G. D. Boursiquot.—Mr. John Davies.—Mr. G n F n.— Mr. Edmund Finn.—Mr. John Curtis.—Fawkner and Finn.—Reporting Reminiscences. —The First Civic Dinner.—Curtis and the "Scotch Fiddle."— Curtis and the Missionary Doctor.—Finn and the Amateur Politician. THE OLD EDITORS. Jpl| EORGE ARDEN, the Co-Proprietor and Editor of the Gazette, was an accomplished and florid writer, not only as a journalist, but as a pamphleteer. The literary power of which he was capable was unballasted by experience, and, there was no mental brake to keep him within bounds. He had for a time the sole newspaper at his command; but he was absorbed by an inordinate self-sufficiency, and lacked perseverance. When newspapers were small, and their success mainly depended on the active personal supervision of the editor, Arden, who understood little of, and cared less for, journalistic minutice, was satisfied when he supplied an elaborate "leader." He was also much given to libelling, and falling into trouble thereby. In 1839, he was convicted and fined; in 1841, he was committed for trial, but the prosecution was abandoned; in 1843, he was again convicted of libel in connection with the first Corporation selections, and his brilliant and splenetic tirades against the first Resident Judge (Willis), though powerful agents in the ultimate un-benching of the official, proved the ruin of the writer.
    [Show full text]
  • Process, but Also Assumes a Role in the Administration of the Court
    Mason process, but also assumes a role in the administration of the Court. Frank Jones Mason, Anthony Frank (b 21 April 1925; Justice 1972–87; Chief Justice 1987–95) was a member of the High Court for 23 years and is regarded by many as one of Australia’s great- est judges, as important and influential as Dixon.The ninth Chief Justice,he presided over a period ofsignificant change in the Australian legal system, his eight years as Chief Justice having been described as among the most exciting and important in the Court’s history. Mason grew up in Sydney, where he attended Sydney Grammar School. His father was a surveyor who urged him to follow in his footsteps; however, Mason preferred to follow in the footsteps of his uncle, a prominent Sydney KC. After serving with the RAAF as a flying officer from 1944 to 1945, he enrolled at the University of Sydney, graduating with first-class honours in both law and arts. Mason was then articled with Clayton Utz & Co in Sydney, where he met his wife Patricia, with whom he has two sons. He also served as an associate to Justice David Roper of the Supreme Court of NSW. He moved to the Sydney Bar in 1951, where he was an unqualified success, becoming one of Barwick’s favourite junior counsel. Mason’s practice was primarily in equity and commercial law,but he also took on a number ofconstitutional and appellate cases. After only three years at the Bar, he appeared before the High Court in R v Davison (1954), in which he successfully persuaded the Bench that certain sections of the Bankruptcy Act 1924 (Cth) invalidly purported to confer Anthony Mason, Justice 1972–87, Chief Justice 1987–95 in judicial power upon a registrar of the Bankruptcy Court.
    [Show full text]
  • The Hon. Linda Dessau AC Government House Melbourne Victoria 3004 Australia
    GOVERNOR OF VICTORIA A MESSAGE FROM HER EXCELLENCY THE GOVERNOR OF VICTORIA THE HON LINDA DESSAU AC The start to 2020 has certainly been a difficultone, with the bushfiresthat caused so much destruction in parts of our State, and now COVID-19. Our thoughts are with those in areas still grappling with rebuilding and recovery from the fires. And, indeed, with everyone, as we all now try to cope with this health challenge and its far-reachingeffects. We know that in recent months, as in the past, Victorians have demonstrated their resilience and their generosity in response to the bushfirecrisis. Now, more than ever, we need to pull together, to follow the advice and rules set by the experts, to be calm and clear-headed and to be mindful of each other's safety and needs. As our opportunities for workplace and social contact diminish, each one of us will feel the effectsin different ways. To greater or lesser extents, we might all feel some sense of dislocation. I encourage you to check on family, neighbours, the elderly, workmates and anyone who might be alone or doing it tough. Physical distance need not mean social isolation. Let's keep working on creative ways to keep in touch with each other. My husband, Tony, joins me in these thoughts and in particular in expressing our gratitude to the many Victorians working on the frontline - not only our medical and emergency workers but all those working to care for the vulnerable, to look after our children, to keep essential services running and to respond to this unfolding situation.
    [Show full text]
  • Who's That with Abrahams
    barTHE JOURNAL OF THE NSWnews BAR ASSOCIATION | SUMMER 2008/09 Who’s that with Abrahams KC? Rediscovering Rhetoric Justice Richard O’Connor rediscovered Bullfry in Shanghai | CONTENTS | 2 President’s column 6 Editor’s note 7 Letters to the editor 8 Opinion Access to court information The costs circus 12 Recent developments 24 Features 75 Legal history The Hon Justice Foster The criminal jurisdiction of the Federal The Kyeema air disaster The Hon Justice Macfarlan Court NSW Law Almanacs online The Court of Bosnia and Herzegovina The Hon Justice Ward Saving St James Church 40 Addresses His Honour Judge Michael King SC Justice Richard Edward O’Connor Rediscovering Rhetoric 104 Personalia The current state of the profession His Honour Judge Storkey VC 106 Obituaries Refl ections on the Federal Court 90 Crossword by Rapunzel Matthew Bracks 55 Practice 91 Retirements 107 Book reviews The Keble Advocacy Course 95 Appointments 113 Muse Before the duty judge in Equity Chief Justice French Calderbank offers The Hon Justice Nye Perram Bullfry in Shanghai Appearing in the Commercial List The Hon Justice Jagot 115 Bar sports barTHE JOURNAL OF THE NSWnews BAR ASSOCIATION | SUMMER 2008-09 Bar News Editorial Committee Cover the New South Wales Bar Andrew Bell SC (editor) Leonard Abrahams KC and Clark Gable. Association. Keith Chapple SC Photo: Courtesy of Anthony Abrahams. Contributions are welcome and Gregory Nell SC should be addressed to the editor, Design and production Arthur Moses SC Andrew Bell SC Jeremy Stoljar SC Weavers Design Group Eleventh Floor Chris O’Donnell www.weavers.com.au Wentworth Chambers Duncan Graham Carol Webster Advertising 180 Phillip Street, Richard Beasley To advertise in Bar News visit Sydney 2000.
    [Show full text]
  • 11 October 2011 (Extract from Book 14)
    EXTRACT FROM BOOK PARLIAMENT OF VICTORIA PARLIAMENTARY DEBATES (HANSARD) LEGISLATIVE COUNCIL FIFTY-SEVENTH PARLIAMENT FIRST SESSION Tuesday, 11 October 2011 (Extract from book 14) Internet: www.parliament.vic.gov.au/downloadhansard By authority of the Victorian Government Printer The Governor The Honourable ALEX CHERNOV, AO, QC The Lieutenant-Governor The Honourable Justice MARILYN WARREN, AC The ministry Premier and Minister for the Arts................................... The Hon. E. N. Baillieu, MP Deputy Premier, Minister for Police and Emergency Services, Minister for Bushfire Response, and Minister for Regional and Rural Development.................................................. The Hon. P. J. Ryan, MP Treasurer........................................................ The Hon. K. A. Wells, MP Minister for Innovation, Services and Small Business, and Minister for Tourism and Major Events...................................... The Hon. Louise Asher, MP Attorney-General and Minister for Finance........................... The Hon. R. W. Clark, MP Minister for Employment and Industrial Relations, and Minister for Manufacturing, Exports and Trade ............................... The Hon. R. A. G. Dalla-Riva, MLC Minister for Health and Minister for Ageing.......................... The Hon. D. M. Davis, MLC Minister for Sport and Recreation, and Minister for Veterans’ Affairs . The Hon. H. F. Delahunty, MP Minister for Education............................................ The Hon. M. F. Dixon, MP Minister for Planning............................................
    [Show full text]
  • What Is Past, Or Passing, Or to Come ___ 10F What Is Past, Or Passing, Or to Come ______
    1030 What is Past, or Passing, or to Come ____ 10f What is Past, or Passing, or to Come ______ ~ .... tcllbyby the HOI!HOIl Justice Michael Kirby A.C .. C.M.G., President afthealthe CaUTIo!Caurlo! Appeal afat the 1993 BenchBelich & Bar ',lrlUlerat which he was the guest afhonour.o/honour. ¥. ,!i}fi "Once 0111011I of nature I shall never raketake ~ Mybodi1yjormfrom~f bodilyfarm/rom anyany. natural (hing,rh~lIg. Asprey kept, hanging on the wall of his chambers. behind the B ~f slIcllslIch ajormalarm as Grecian goldsmithsgoldsnllfhs make chair at his desk. the famous cartoon of FE Smith. Next to that dfhammered gold and gold enamelling cartoon was hanging a mirror. Looking in the mirror"it was To keep a drowsy Emperor awake; natural to see oneself as a reflection of the great English Or set upon a golden bOllghbough to sing counsel. "[ To lords and ladies of ByzantiumByz.antium The President of the Incorporated Law Institute (as it O/wlw{OfwiwI is past.past, or passing. or to come." was called) was NormanNonnan Cowper, later to be knighted. Reg WBW B Yeats Downing was the State Auomey~General. The most senior silks were HVH V Evatt himself, his brother CliveCJive and CAC A : ....UTI< PAST Hardwick. Amongst the senior juniors were those memorable figures Wilf Sheppard, Walter Gee, Bertie Wright and On an occasion such as this, and in this common room.room, Humphrey Henchman - the lastofwhom 1I saw, evergreen, in 'ldsinevitableitisineviw,blethatthat an affliction of nostalgia will take the mind this place but a month ago. back through lheme lost years.
    [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]
  • The High Court and the Parliament Partners in Law-Making Or Hostile Combatants?*
    The High Court and the Parliament Partners in law-making or hostile combatants?* Michael Coper The question of when a human life begins poses definitional and philosophical puzzles that are as familiar as they are unanswerable. It might surprise you to know that the question of when the High Court of Australia came into existence raises some similar puzzles,1 though they are by contrast generally unfamiliar and not quite so difficult to answer. Interestingly, the High Court tangled with this issue in its very first case, a case called Hannah v Dalgarno,2 argued—by Wise3 on one side and Sly4 on the other—on 6 and 10 November 1903, and decided the next day on a date that now positively reverberates with constitutional significance, 11 November.5 * This paper was presented as a lecture in the Department of the Senate Occasional Lecture Series at Parliament House on 19 September 2003. I am indebted to my colleagues Fiona Wheeler and John Seymour for their comments on an earlier draft. 1 See Tony Blackshield and Francesca Dominello, ‘Constitutional basis of Court’ in Tony Blackshield, Michael Coper and George Williams (eds), The Oxford Companion to the High Court of Australia, South Melbourne, Vic., Oxford University Press, 2001 (hereafter ‘The Oxford Companion’): 136. 2 (1903) 1 CLR 1; Francesca Dominello, ‘Hannah v Dalgarno’ in The Oxford Companion: 316. 3 Bernhard Ringrose Wise (1858–1916) was the Attorney-General for NSW and had been a framer of the Australian Constitution. 4 Richard Sly (1849–1929) was one of three lawyer brothers (including George, a founder of the firm of Sly and Russell), who all had doctorates in law.
    [Show full text]