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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. -
Margaret Klaassen Thesis (PDF 1MB)
AN EXAMINATION OF HOW THE MILITARY, THE CONSERVATIVE PRESS AND MINISTERIALIST POLITICIANS GENERATED SUPPORT WITHIN QUEENSLAND FOR THE WAR IN SOUTH AFRICA IN 1899 AND 1900 Margaret Jean Klaassen ASDA, ATCL, LTCL, FTCL, BA 1988 Triple Majors: Education, English & History, University of Auckland. The University Prize in Education of Adults awarded by the Council of the University of Auckland, 1985. Submitted in full requirement for the degree of Master of Arts (Research) Division of Research & Commercialisation Queensland University of Technology 2014 Keywords Anglo-Boer War, Boer, Brisbane Courier, Dawson, Dickson, Kitchener, Kruger, Orange Free State, Philp, Queensland, Queenslander, Transvaal, War. ii Abstract This thesis examines the myth that Queensland was the first colonial government to offer troops to support England in the fight against the Boers in the Transvaal and Orange Free State in 1899. The offer was unconstitutional because on 10 July 1899, the Premier made it in response to a request from the Commandant and senior officers of the Queensland Defence Force that ‘in the event of war breaking out in South Africa the Colony of Queensland could send a contingent of troops and a machine gun’. War was not declared until 10 October 1899. Under Westminster government conventions, the Commandant’s request for military intervention in an overseas war should have been discussed by the elected legislators in the House. However, Parliament had gone into recess on 24 June following the Federation debate. During the critical 10-week period, the politicians were in their electorates preparing for the Federation Referendum on 2 September 1899, after which Parliament would resume. -
Samuel Griffith Society Proceedings Vol 1
Proceedings of The Samuel Griffith Society Inaugural Conference Hillton-on-the-Park, Melbourne; 24 - 26 July 1992 Copyright 1992 by The Samuel Griffith Society. All rights reserved. Table of Contents Proceedings of The Samuel Griffith Society ________________________________________ 1 Foreword John Stone___________________________________________________________________ 4 Launching Address Re-Writing the Constitution Sir Harry Gibbs, GCMG, AC, KBE _______________________________________________ 5 Inaugural Address Right According to Law The Hon Peter Connolly, CBE, QC ______________________________________________ 11 Introductory Remarks John Stone__________________________________________________________________ 15 Chapter One The Australian Constitution: A Living Document H M Morgan ________________________________________________________________ 17 Chapter Two Constitutions and The Constitution S.E.K. Hulme________________________________________________________________ 26 Chapter Three Constitutional Reform: The Tortoise or the Hare? Greg Craven ________________________________________________________________ 39 Chapter Four Keeping Government at Bay: The Case for a Bill of Rights Frank Devine________________________________________________________________ 46 Chapter Five Financial Centralisation: The Lion in the Path David Chessell _______________________________________________________________ 55 Chapter Six The High Court - The Centralist Tendency L J M Cooray________________________________________________________________ 62 Chapter -
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. -
Justice Richard O'connor and Federation Richard Edward O
1 By Patrick O’Sullivan Justice Richard O’Connor and Federation Richard Edward O’Connor was born 4 August 1854 in Glebe, New South Wales, to Richard O’Connor and Mary-Anne O’Connor, née Harnett (Rutledge 1988). The third son in the family (Rutledge 1988) to a highly accomplished father, Australian-born in a young country of – particularly Irish – immigrants, a country struggling to forge itself an identity, he felt driven to achieve. Contemporaries noted his personable nature and disarming geniality (Rutledge 1988) like his lifelong friend Edmund Barton and, again like Barton, O’Connor was to go on to be a key player in the Federation of the Australian colonies, particularly the drafting of the Constitution and the establishment of the High Court of Australia. Richard O’Connor Snr, his father, was a devout Roman Catholic who contributed greatly to the growth of Church and public facilities in Australia, principally in the Sydney area (Jeckeln 1974). Educated, cultured, and trained in multiple instruments (Jeckeln 1974), O’Connor placed great emphasis on learning in a young man’s life and this is reflected in the years his son spent attaining a rounded and varied education; under Catholic instruction at St Mary’s College, Lyndhurst for six years, before completing his higher education at the non- denominational Sydney Grammar School in 1867 where young Richard O’Connor met and befriended Edmund Barton (Rutledge 1988). He went on to study at the University of Sydney, attaining a Bachelor of Arts in 1871 and Master of Arts in 1873, residing at St John’s College (of which his father was a founding fellow) during this period. -
World Bar Conference
World Bar Conference War is not the answer: The ever present threat to the rule of law Friday 5 th September 2014 1 By Julie Ward ‘In all countries and in all ages, it has often been found necessary to suspend or modify temporarily constitutional practices, and to commit extraordinary powers to persons in authority in the supreme ordeal and grave peril of national war...’ 2 The last time that Australia declared war on another nation was during WWII. We have been fortunate not to have had a recent history of having to defend our territory against attacks by foreign powers. In 21 st century Australia, the only threat of violence on a scale comparable to wartime hostilities is that posed by international terrorism. War has not, therefore, been seen as “the answer” to anything in my country in my lifetime. I propose to approach the question of threats to the rule of law that arise in the context of war by reference to the proposition, implicitly acknowledged by Higgins J in the High Court of Australia in Lloyd v Wallach, handed down at the height of WWI, that extraordinary 1 Judge of Appeal, NSW Supreme Court. I wish to acknowledge the diligent research and invaluable assistance provided by Ms Jessica Natoli, the Court of Appeal researcher, in the preparation of this paper, and to my tipstaff, Ms Kate Ottrey , and the Chief Justice’s research director, Mr Haydn Flack, for their insights on this topic. My gratitude also to Ms Kate Eastman SC for her incisive comments on a draft of this paper. -
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. -
Some Aspects of the Federal Political Career of Andrew Fisher
SOME ASPECTS OF THE FEDERAL POLITICAL CAREER OF ANDREW FISHER By EDWARD WIL.LIAM I-IUMPHREYS, B.A. Hans. MASTER OF ARTS Department of History I Faculty of Arts, The University of Melbourne Submitted in total fulfilment of the requirements of the degr'ee of Masters of Arts (by Thesis only) JulV 2005 ABSTRACT Andrew Fisher was prime minister of Australia three times. During his second ministry (1910-1913) he headed a government that was, until the 1940s, Australia's most reformist government. Fisher's second government controlled both Houses; it was the first effective Labor administration in the history of the Commonwealth. In the three years, 113 Acts were placed on the statute books changing the future pattern of the Commonwealth. Despite the volume of legislation and changes in the political life of Australia during his ministry, there is no definitive full-scale biographical published work on Andrew Fisher. There are only limited articles upon his federal political career. Until the 1960s most historians considered Fisher a bit-player, a second ranker whose main quality was his moderating influence upon the Caucus and Labor ministry. Few historians have discussed Fisher's role in the Dreadnought scare of 1909, nor the background to his attempts to change the Constitution in order to correct the considered deficiencies in the original drafting. This thesis will attempt to redress these omissions from historical scholarship Firstly, it investigates Fisher's reaction to the Dreadnought scare in 1909 and the reasons for his refusal to agree to the financing of the Australian navy by overseas borrowing. -
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. -
Review Essay Open Chambers: High Court Associates and Supreme Court Clerks Compared
REVIEW ESSAY OPEN CHAMBERS: HIGH COURT ASSOCIATES AND SUPREME COURT CLERKS COMPARED KATHARINE G YOUNG∗ Sorcerers’ Apprentices: 100 Years of Law Clerks at the United States Supreme Court by Artemus Ward and David L Weiden (New York: New York University Press, 2006) pages i–xiv, 1–358. Price A$65.00 (hardcover). ISBN 0 8147 9404 1. I They have been variously described as ‘junior justices’, ‘para-judges’, ‘pup- peteers’, ‘courtiers’, ‘ghost-writers’, ‘knuckleheads’ and ‘little beasts’. In a recent study of the role of law clerks in the United States Supreme Court, political scientists Artemus Ward and David L Weiden settle on a new metaphor. In Sorcerers’ Apprentices: 100 Years of Law Clerks at the United States Supreme Court, the authors borrow from Johann Wolfgang von Goethe’s famous poem to describe the transformation of the institution of the law clerk over the course of a century, from benign pupilage to ‘a permanent bureaucracy of influential legal decision-makers’.1 The rise of the institution has in turn transformed the Court itself. Nonetheless, despite the extravagant metaphor, the authors do not set out to provide a new exposé on the internal politics of the Supreme Court or to unveil the clerks (or their justices) as errant magicians.2 Unlike Bob Woodward and Scott Armstrong’s The Brethren3 and Edward Lazarus’ Closed Chambers,4 Sorcerers’ Apprentices is not pitched to the public’s right to know (or its desire ∗ BA, LLB (Hons) (Melb), LLM Program (Harv); SJD Candidate and Clark Byse Teaching Fellow, Harvard Law School; Associate to Justice Michael Kirby AC CMG, High Court of Aus- tralia, 2001–02. -
The Politics of Expediency Queensland
THE POLITICS OF EXPEDIENCY QUEENSLAND GOVERNMENT IN THE EIGHTEEN-NINETIES by Jacqueline Mc0ormack University of Queensland, 197^1. Presented In fulfilment of the requirements for the degree of Master of Arts to the Department of History, University of Queensland. TABLE OP, CONTENTS Page INTRODUCTION SECTION ONE; THE SUBSTANCE OP POLITICS CHAPTER 1. The Men of Politics 1 CHAPTER 2. Politics in the Eighties 21 CHAPTER 3. The Depression 62 CHAPTER 4. Railways 86 CHAPTER 5. Land, Labour & Immigration 102 CHAPTER 6 Separation and Federation 132 CHAPTER 7 The Queensland.National Bank 163 SECTION TWO: THE POLITICS OP REALIGNMENT CHAPTER 8. The General Election of 1888 182 CHAPTER 9. The Coalition of 1890 204 CHAPTER 10. Party Organization 224 CHAPTER 11. The Retreat of Liberalism 239 CHAPTER 12. The 1893 Election 263 SECTION THREE: THE POLITICS.OF EXPEDIENCY CHAPTER 13. The First Nelson Government 283 CHAPTER Ik. The General Election of I896 310 CHAPTER 15. For Want of an Opposition 350 CHAPTER 16. The 1899 Election 350 CHAPTER 17. The Morgan-Browne Coalition 362 CONCLUSION 389 APPENDICES 394 BIBLIOGRAPHY 422 PREFACE The "Nifi^ties" Ms always" exercised a fascination for Australian historians. The decade saw a flowering of Australian literature. It saw tremendous social and economic changes. Partly as a result of these changes, these years saw the rise of a new force in Australian politics - the labour movement. In some colonies, this development was overshadowed by the consolidation of a colonial liberal tradition reaching its culmination in the Deakinite liberalism of the early years of the tlommdhwealth. Developments in Queensland differed from those in the southern colonies. -
“Women's Voices in Ancient and Modern Times”
“Women’s Voices in Ancient and Modern Times” Speech delivered at the ANU Law Students’ Society Women in Law Breakfast 22 March 2021 I acknowledge the traditional custodians of this land and pay my respects to their elders— past, present, and emerging. I acknowledge that sovereignty over this land was never ceded. I extend my respects to all First Nations people who may be present today. I acknowledge that, in Australia over the last 30 years, at least 442 Aboriginal and Torres Strait Islander people have died in custody. It is a pleasure to be speaking to a room of young women who will be part of the next generation of Australian and international lawyers. I hope that we will also see you in politics. In my youth, a very long time ago, the aspirational statement was “a woman’s place is in the House—and in the Senate”. As recent events show, that sentiment remains aspirational today. Women’s voices are still being devalued. Today, I will speak about the voices of women in ancient and modern democracies. Women in Ancient Greece Since ancient times, women’s voices have been silenced. While we could all name outstanding male Ancient Greek philosophers, poets, politicians, and physicians, how many of us know of eminent women from that time? The few women’s voices of which we do know are those of mythical figures. In Ancient Greece, the gods and goddesses walked among the populace, and people were ever mindful of their presence. They exerted a powerful influence. Who were the goddesses? Athena was a warrior, a judge, and a giver of wisdom, but she was born full-grown from her father (she had no mother) and she remained virginal.