1973 Monash University Calendar Part 1
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The Doctrine of Implied Intergovernmental Immunities: a Recrudescence? Thomas Dixon*
The Doctrine of Implied Intergovernmental Immunities: A Recrudescence? Thomas Dixon* The essential and distinctive feature of “a truly federal government” is the preservation of the separate existence and corporate life of each of the component States concurrently with that of the national government. Accepting that a number of polities are contemplated as coexisting within a federation does not, however, address the fundamental question of how legislative and executive powers are to be allocated among the constituent constitutional units inter se, nor the extent to which the various polities are immune from interference occasioned by their constitutional counterparts. These “federal” questions are fundamental as they ultimately define the prism through which one views the Constitution. Shifts in the lens have resulted in significant ramifications for intergovernmental relations. This article traces the development of the Melbourne Corporation doctrine in Australia, and undertakes a comparative analysis with the development of the cognate jurisprudence in the United States. Analysis is undertaken of the major Australian industrial relations decisions, such as the Amalgamated Society of Engineers v Adelaide Steamship Co Ltd, Re Australian Education Union; Ex parte Victoria, Queensland Electricity Commission v Commonwealth, and United Firefighters Union of Australia v Country Fire Authority, in this context. But one of the first and most leading principles on which the commonwealth and the laws are consecrated, is left the temporary possessors -
John Curtin's War
backroom briefings John Curtin's war CLEM LLOYD & RICHARD HALL backroom briefings John Curtin's WAR edited by CLEM LLOYD & RICHARD HALL from original notes compiled by Frederick T. Smith National Library of Australia Canberra 1997 Front cover: Montage of photographs of John Curtin, Prime Minister of Australia, 1941-45, and of Old Parliament House, Canberra Photographs from the National Library's Pictorial Collection Back cover: Caricature of John Curtin by Dubois Bulletin, 8 October 1941 Published by the National Library of Australia Canberra ACT 2600 © National Library of Australia 1997 Introduction and annotations © Clem Lloyd and Richard Hall Every reasonable endeavour has been made to contact relevant copyright holders of illustrative material. Where this has not proved possible, the copyright holders are invited to contact the publisher. National Library Cataloguing-in-Publication data Backroom briefings: John Curtin's war. Includes index. ISBN 0 642 10688 6. 1. Curtin, John, 1885-1945. 2. World War, 1939-1945— Press coverage—Australia. 3. Journalism—Australia. I. Smith, FT. (Frederick T.). II. Lloyd, C.J. (Clement John), 1939- . III. Hall, Richard, 1937- . 940.5394 Editor: Julie Stokes Designer: Beverly Swifte Picture researcher/proofreader: Tony Twining Printed by Goanna Print, Canberra Published with the assistance of the Lloyd Ross Forum CONTENTS Fred Smith and the secret briefings 1 John Curtin's war 12 Acknowledgements 38 Highly confidential: press briefings, June 1942-January 1945 39 Introduction by F.T. Smith 40 Chronology of events; Briefings 42 Index 242 rederick Thomas Smith was born in Balmain, Sydney, Fon 18 December 1904, one of a family of two brothers and two sisters. -
Victorian Bar News
ISSUE 153 WINTER 2013 VICTORIAN The Formidable Sir Hayden Starke By JD Merralls BAR Legal Aid in NEWS Chronic Decline Punch Drunk The Paris Bar The Law of Drugs in Sport A Study in Contradictions QC or not QC? IBAC A Sheep in Wolf’s Clothing? 153 The 2013 Victorian Bar Dinner All the Highlights and Photos BAR MEMBERS... SAVE THOUSANDS ON ANY NEW CAR Save time and money by buying your next new car Should you have a trade-in or require nance and through your own personal buyer’s advocate. insurance, your consultant will be able to ensure that Members can now enjoy the eet-buying power of MBA the entire process can be completed simply, with Car Assist. Vehicles are purchased at signicant savings maximum savings of your time and money. over the retail prices, whilst avoiding all the hassles and To ensure you’re getting the absolute best price for your upsells of the dealership sales process. We also arrange new vehicle, your personal consultant will include a all of the paperwork and keep you updated on the number of dierent dealerships (including your local) in progress of your vehicle’s preparation or production. the tender process, with each competing for your Your new car is even delivered to your home or work business. with a full tank of fuel. So how does it work? MBA Car Assist purchases new Are you looking to buy a new luxury vehicle from BMW, vehicles every week, which gives them access to eet Mercedes-Benz, Audi, Mini, Lexus, Jaguar, Land Rover or pricing. -
1990 Monash University Calendar Vol 2 Parts
M 0 N A S H UNIVERSITY • • 4 • AUSTRALIA Calendar Volume Two 1990 Postal address MONASH UNIVERSITY Clayton Victoria 3168 Telephone (03) 565 4000 lSD (61) (3) 565 4000 Telex AA32691 Fax (61) (3) 565 4007 Visitor HIS EXCELLENCY DR DAVIS McCAUGHEY Governor of Victoria Chancellor THE HoN. SIR GEoRGE HERMANN LusH LLMMelb. Deputy Chancellor JAMES ARNOLD HANCOCK OBE BCom Me/b. FCA AASA Vice-Chancellor MALCOLM IAN LOGAN BA PhD DipEd Syd. FASSA Deputy Vice-Chancellor JoHN ANTHONY HAY MA Cantab. academic BA PhD WAust. FACE Deputy Vice-Chancellor IAN JAMEs PoLMEAR BMetE MSc research DEng Me/b. FTS FIM FIEAust Comptroller PETER BRIAN WADE BCom (Hons) MA Me/b. FASA Registrar ANTHONY LANGLEY PRITCHARD BSc DipEd Me/b. BEd Qld Librarian HucK TEE LIM PKT BA Sing. DipLib N.S. W GradDiplnfSys C. C.A.E. ALAA FLA Faculties and deans Arts RoBERT JOHN PARGETTER BSc MA Me/b. PhD LaT. DipEd Economics and Politics WILLIAM ANGUS SINCLAIR MCom Me/b. DPhil Oxon. FASSA I Education DAVID NICHOLSON AsPIN BA DipEd Durh. I, PhD Nott. FRSA Engineering PETER LEPOER DARVALL BCE Me/b. MS Ohio State MSE MA PhD Prin. DipEd MIEAust I Law CHARLES RoBERT WILLIAMS BCL Oxon. BJuris LLB (Hons) Barrister-at-Law (Vic.) Medicine RoBERT PoRTER BMedSc DSc Adel. MA BCh DM Oxon. FAA FRACP Science WILLIAM RoNALD AYLETT MuNTZ BA DPhil Oxon. FRSE Volume Two 1990 Published by Monash University Clayton Victoria Australia 3168 Typeset by Abb-typesetting Pty Ltd Collingwood Victoria Printed by The Book Printer Maryborough Victoria All rights reserved. This book or any part of it may not be reproduced in any form whatsoever, whether by graphic, visual, electronic, filming, microfilming, tape recording or any means, except in the case of brief passages for the information of students, without the prior written permission of the publisher. -
Hit and Myth in the Law Courts
Dinner Address Hit and Myth in the Law Courts S E K Hulme, AM, QC Copyright 1994 by The Samuel Griffith Society. All rights reserved. Not unexpectedly, in this company, I will talk tonight about only one court; the one on your left as you cross the bridge over the lake. I want to do two things. I want firstly to consider a belief and a practice and a proposal concerning the High Court, in terms of the Court as it is, rather than in terms of the Court as it was. In doing that I want to say something of who used to come to the Court, and how; and who come to the Court now, and how. And secondly I want to share with you some reflections on statements made in recent months by the Chief Justice of the High Court. Where High Court Judges Come From, and Certain Implications of That I turn to the belief and the practice and the proposal I mentioned. I remind you of three things. The first is that one still finds supposedly intelligent commentators making disapproving references to the practical monopoly which the practising Bar has over appointments to the High Court, and suggesting that the field of appointees ought to be extended to include solicitors and academics. The second is that, in line with the constitutional principle that a judge ought to have nothing to fear and nothing to hope for from the government which appointed him, there long existed a general practice of not promoting judges, within a system of courts run by the same government, either from court to court, or within a court, as by promotion to Chief Justice. -
VICTORIAN BAR NEWS No
VICTORIAN No. 139 ISSN 0159-3285BAR NEWS SUMMER 2006 Appointment of Senior Counsel Welcomes: Justice Elizabeth Curtain, Judge Anthony Howard, Judge David Parsons, Judge Damien Murphy, Judge Lisa Hannon and Magistrate Frank Turner Farewell: Judge Barton Stott Charles Francis Talks of County Court Judges of Yesteryear Postcard from New York City Bar Welcomes Readers Class of 2006 Milestone for the Victorian Bar 2006–2007 Victorian Bar Council Appointment and Retirement of Barfund Board Directors Celebrating Excellence Retiring Chairman’s Dinner Women’s Legal Service Victoria Celebrates 25 Years Fratricide in Labassa Launch of the Good Conduct Guide Extending the Boundary of Right Council of Legal Education Dinner Women Barristers Association Anniversary Dinner A Cricket Story The Essoign Wine Report A Bit About Words/The King’s English Bar Hockey 3 ���������������������������������� �������������������� VICTORIAN BAR NEWS No. 139 SUMMER 2006 Contents EDITORS’ BACKSHEET 5 Something Lost, Something Gained 6 Appointment of Senior Counsel CHAIRMAN’S CUPBOARD 7 The Bar — What Should We be About? ATTORNEY-GENERAL’S COLUMN 9 Taking the Legal System to Even Stronger Ground Welcome: Justice Welcome: Judge Anthony Welcome: Judge David WELCOMES Elizabeth Curtain Howard Parsons 10 Justice Elizabeth Curtain 11 Judge Anthony Howard 12 Judge David Parsons 13 Judge Damien Murphy 14 Judge Lisa Hannon 15 Magistrate Frank Turner FAREWELL 16 Judge Barton Stott NEWS AND VIEWS 17 Charles Francis Talks of County Court Judges Welcome: Judge Damien Welcome: Judge -
The High Court of Australia: a Personal Impression of Its First 100 Years
—M.U.L.R— Mason— Title of Article — printed 14/12/03 at 13:17 — page 864 of 25 THE HIGH COURT OF AUSTRALIA: A PERSONAL IMPRESSION OF ITS FIRST 100 YEARS ∗ THE HON SIR ANTHONY MASON AC KBE [This article records my impressions of the High Court, its jurisprudence and the Justices up to the time when I became Chief Justice in 1987. For obvious reasons it would be invidious for me to record my impressions of the Court from that time onwards. The article reviews the work of the Court and endeavours to convey a picture of the contribution and personality of some of the individual Justices. The article concludes with the statement that the Court has achieved the high objectives of which Alfred Deakin spoke in his second reading speech on the introduction of the Judiciary Act 1903 (Cth). The Court has established its reputation as one of the world’s leading courts of final appeal and has fulfilled its role alongside the Parliament and the executive in our constitutional framework.] CONTENTS I Introduction.............................................................................................................864 II In the Beginning......................................................................................................865 III The Early High Court..............................................................................................866 IV Conflict with the Executive ....................................................................................867 V Conflict with the Privy Council ..............................................................................868 -
Ryan William Haddrick LLB Jamescook, LLM Qldut, Graddiplegprac ANU
The Queen’s Ministers of State for the Commonwealth: The Relationship between the Prerogatives of the Crown and the Executive Power of the Commonwealth Ryan William Haddrick LLB JamesCook, LLM QldUT, GradDipLegPrac ANU A thesis submitted for the degree of Doctor of Philosophy at The University of Queensland in 2017 T.C. Beirne School of Law i ii ABSTRACT The orthodox view is that the prerogatives of the Crown are textually incorporated, or sourced, in the language of s 61 of the Australian Constitution. This work challenges that assumption by examining the text, structure and history of ss 2, 61 and 64 of the Constitution. In particular, the inclusion of the words “under the Crown” and “shall be the Queen’s Ministers of State for the Commonwealth” in the preamble and s 64 respectively are, it is argued, textual indicators (and devices) that the prerogative is textually recognised or affirmed by those provisions, and ought to be seen as emanating from the Crown, and recognised by common law – and not as emanating from s 61 of the Constitution. Having argued that the executive power of the Commonwealth (that is, s 61) is not the textual source, or recognition, of the prerogatives of the Crown, this dissertation then posits a theory as to how s 61 should be construed. True to its Montesquieuian heritage, it is argued that the executive power of the Commonwealth ought to be understood in a functionalist sense. The evidence considered to support these propositions is the text, structure and history of the constitutional provisions. In particular, this dissertation examines the historical concept of the prerogatives of the Crown; the way that body of constitutional doctrine became part of the Australian constitutional landscape; and how the prerogative was understood to operate in pre-Federation Imperial and colonial case law. -
Judicial Stress and Judicial Bullying*
QUT Law Review Volume 14, Number 1, 2014 Special Edition: Wellness for Law JUDICIAL STRESS AND JUDICIAL BULLYING * THE HON MICHAEL KIRBY AC CMG** I JUDGES SUBJECT TO STRESS A national forum on wellness in Australian legal practice is timely. The growing attention to wellness in this context is welcome. Recent editions of professional journals in Australia and overseas bear witness to the increasing attention to, and concern about, stress, depression and pressure amongst law students1 and legal practitioners.2 The new-found attention is commendable. It was not always so. The change may have something to do with the increasing numbers of women entering the legal profession. On the whole, women appear more willing to speak about these formerly unmentionable topics than men. They do not so commonly feel inhibited, as men do, in recognising that wellness is not simply the absence of debilitating depression or feelings of abject failure. It may, or may not, be significant that the participants attending the Melbourne forum were overwhelmingly women: on my count, a proportion of more than four women attendees to one man. Many male lawyers still feel that talking about stress, pressure and depression is an admission of personal inadequacy or weakness. Or that it is embarrassing or irrelevant. They are afraid that they will be seen as ‘sooks’ or ‘cry-babies’. This is something men, from early childhood, have been told they must never be. As Neville Wran QC once famously observed in a political context: “Balmain boys don’t cry.” The equivalent professional motto seems to be: “Barristers don’t blub”; “Lawyers aren’t lachrymose.” We have to move beyond this. -
Sir John Latham, a Political Biography, 1902 to 1934
Antipodean Imperialist: Sir John Latham, a Political Biography, 1902 to 1934 Michael Kilmister BA(Hons)(Newcastle) A thesis submitted in fulfilment of the requirements for the degree of Doctor of Philosophy in History August 2018 This thesis was supported by an Australian Government Research Training Program (RTP) Scholarship Abstract This dissertation examines Sir John Latham’s imperial ideology from the turn of the twentieth century, and traces how it shaped his political outlook and actions in the course of his parliamentary career, 1922-1934. Latham emerged as a very important political figure at a pivotal period for Australia and the British Empire. In response to emergent national sentiment in Australia and other settler societies before the First World War and after, British policymakers and intellectuals developed an overarching ideology that recast the British Empire as an interdependent yet loosely organised Commonwealth. Latham worked to translate and cement this liberal imperial worldview for Australian politics and diplomacy, lending it a conservative inflection in the process. Drawing on overlooked archival material, this thesis demonstrates that he developed and tested his antipodean pro-British imperialism in the exclusive meeting places of like-minded conservatives and applied its core tenets consistently in the making of national and imperial policy. Even though the British Empire rarely demonstrated the cohesion Latham desired, he remained committed to its causes. This dissertation retrieves Latham from a nationalist narrative, revealing that he pursued national interests within a British imperial framework. By re-establishing the all- encompassing importance of the British Empire to his political behaviour, I argue pro-British imperialism permeated the positions Latham took on domestic politics and international issues, notably the Australian Eastern Mission (1934). -
Ancora Imparo: the Historical Role of the Law Review in University Scholarship
ANCORA IMPARO: THE HISTORICAL ROLE OF THE LAW REVIEW IN UNIVERSITY SCHOLARSHIP MARILYN PITTARD AND PETER HEFFEY* The Monash University Law Review celebrates its 3Qhanniversary in 2004. This article traces the historical development and scholarly contribution of the Law Review since its inception in 1974 and where appropriate places this in the wider context of developments concerning issues facing university law reviews today. It examines the governance of the Review, in comparison with the diverse models of other Australian university reviews, the categories of its authors and the topics they have explored in illuminating legal debate, the evolution of its cover design, its sources of support and sponsorship, its annual celebratory dinner speech, and its future. Following surveys of data, and research, relevant data, set out in tabular form, is provided in respect of various matters including the following comparative matters: the chronological order for commencement of Australian mainstream university law reviews; comparative governance models of Australian law reviews; and online accessibility of law reviews in Australia. University law reviews have become an entrenched and valued part of the scholarly, academic and collegiate life of law schools in Australia. The Monash University Law Review,' celebrating its 30th anniversary in 2004, aims to enlighten the legal community by providing a forum for scholarly discourse. In so doing it adheres to the philosophy enshrined in its University's motto: Ancora Imparo ('I am still learning').2 The Law Review also plays an educative role in the lives of our academically outstanding students by providing them with substantial editorial experience. This article examines the role of the Law Review and considers its governance compared to that of other university reviews, the themes it has explored, the contribution made by its authors, the sponsorship and support it has received, and the future that it faces. -
Historic Reopening of the Banco Court in the Supreme Court
VICTORIAN No. 141 ISSN 0159-3285BAR NEWSWINTER 2007 Historic Reopening of the Banco Court in the Supreme Court Welcome: Judge Maree Kennedy Farewell to VCAT President Morris Obituary: Wake to Celebrate the Life of Peter Ross Hayes QC Singing Judge Billed with Monash Professor of Embryonic Stem Cell Research at the County Court Historic Reopening of Banco Court in the Supreme Court State of the Victorian Judicature Bar Dinner Speech, Jeremy Ruskin QC Bar Dinner Speech, Justice John Middleton Bar Indigenous Lawyers Meeting The Victorian Bar — Justice Kenneth Hayne Scholarsip Verbatim The Third Women Lawyers’ Achievement Awards Pro Bono Swimming Championships New Exhibition of Women at the Bar Ian Hunter QC Addresses the Melbourne Branch of the Anglo Australasian Lawyers Society We Are Not Americans Yet ... Goodbye Regina? Bar Readers Signing On So You Want to be a Judge? Readers from Vanuatu The Trial of Ned Kelly — Revisited Are Barristers Snobs? Verbatim in America Team up with somebody you can rely on... When it comes to research, you can·t take any chances. Your advice must be based on 100% accurate, up-to-the-minute, reliable information. With LexisNexis you can have Australia’s BEST and MOST COMPREHENSIVE legal library right at your fingertips to boost your research capabilities without additional staff overheads! Our experts can package an online information solution to suit your individual or practice needs from over 100 works spanning 16 practice areas and a host of in-depth legal research and reference works. Go to www.lexisnexis.com.au/solutions for details of our online solutions for barristers.