THE COMMOS and ME Article for Persons of Interest Edited by the Hon
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The Sydney College
The Sydney College 1 3 -18 0 17 August 1992 Key to Abbreviations BC Born Colony F Father CF Came Free PCF Parents Came Free FCF Father Came Free MCF Mother Came Free GS Government Servant FGS Father Government Servant MGS Mother Government Servant TKS The King's School References: ADB Australian Dictionary ofBiography Mw Pioneer Families of Australia (5th ed), by P.C. Mowle G and S, A Biographical Register 1788-1939 (2 volumes), by Gibbney and Smith Religion: E ChUrch of England P Presbyterian W Wesleyan C Congregationalist RC Roman Catholic B Baptist J Jewish * in front of the accession number indicates the boy was also at The King's School * in front of a name indicates sponsored by that person. Explanatory Guide Through the kindness of Mrs lly Benedek, Archivist of Sydney Grammar School, a photostat of the roll of the Sydney College 1835-1850 was supplied to the Archivist of The King's School and has been placed on computer at The King's School Parramatta. The Sydney College Roll sets out bare details of enrolments: viz 1 Allen George 19/1/1835-3/1841 11 George Allen Toxteth Park George Allen 2 Bell Joshua 19/1/1835-8/1836 8 Thomas Bell Carters Bar. Removed to Parramatta Thomas Barker Subsequent research at The King's School involving the use of the New South Wales Births, Deaths and Marriages 1788-1856 has allowed some recording of exact dates of birth, exact dates of parents' marriage and on a few entries the candidate's marriage. The maiden names of many mothers have also been located. -
Dinner Address the Law: Past and Present Tense Hon Justice Ian
Dinner Address The Law: Past and Present Tense Hon Justice Ian Callinan, AC I do not want to revisit the topic of judicial activism, a matter much debated in previous proceedings of this Society. But it is impossible to speak about the law as it was, as it is now, and as it may be in the future, without at least touching upon a number of matters: precedent, judicial activism, and whether and how a final court should inform itself, or be informed about shifts in social ways and expectations. To develop my theme I have created a piece of fiction. The law, as you all know, is no stranger to fictions. It is not the year 2003, it is not even the year 1997 when the High Court decided Lange v. Australian Broadcasting Corporation.1 It is the year 1937. Merely five years later Justice Learned Hand in the United States would observe: “The hand that rules the press, the radio, the screen, and the far-spread magazine, rules the country”. Only seventeen years earlier the High Court had decided the landmark Engineers’ Case.2 This, you may recall, was the case in which the Court held that if a power has been conferred on the Commonwealth by the Constitution, no implication of a prohibition against the exercise of that power can arise, nor can a possible abuse of the power narrow its limits. This was a revolutionary decision. It denied what had been thought to be settled constitutional jurisprudence, that the Commonwealth Parliament could not bind the Executive of a State in the absence of express words in s.51 of the Constitution to that effect. -
The New South Wales Legal Profession in 1917
Battles Overseas and At Home: The New South Wales Legal Profession in 1917. The Symposium 24 March 2012 Tony Cunneen [email protected] Comments welcome Synopsis: This paper focuses on the events of 1917 and is a part of a series on Lawyers in the First World War. Other papers in the series cover lawyers on Gallipoli and in 1916 as well as related topics may be accessed on the website of the Francis Forbes Society for Australian Legal History on http://www.forbessociety.org.au/ or by contacting the author directly at the above email address. Introduction: The activities of lawyers in the first decades of the twentieth century in general and the First World War in particular have received scant attention. The need to examine this area lies in lawyers’ importance in defining the early forms of Australian life after Federation and their leadership of many war related activities. The period of 1914-1918 was a time when the country was determining just how it would operate as an independent Federation yet also a full member of the British Empire – which was increasingly being seen as an international community of nations. An investigation of lawyers’ activities during the war challenges any stereotypes of a remote, isolated profession 2 and reveals a vibrant, human community steeped in shared values of service and cooperation and determined to play an active part in shaping the nation. war service, whether on the battlefield or the Home Front was seen as an essential part of that process. The development of the protectorate of Papua was part of that process. -
Chapter Two Can Judges Resuscitate Federalism?
Chapter Two Can Judges resuscitate Federalism? John Gava* In a recent article Greg Craven has argued that we are in the “midst of an ideological struggle for the Constitution’s soul”,1 and that it would be appropriate to appoint an “Australian Scalia”2 to the High Court. Indeed, Craven argues that a conservative government would be “downright derelict in its duty”3 if it failed to make such an appointment. For Craven, the High Court has consistently, at least from 1920, interpreted the Australian Constitution with such a centralist bias that the original conception of a federation has been distorted.4 Craven has argued that by going down this centralist path the High Court has departed from the expectations of the founders of the Constitution, and that the role of putative Australian Justice Scalias would be to interpret our Constitution in light of the intentions of those founders. In this paper I carry out the equivalent of a thought experiment and consider what would happen if Craven were to get his wish of a High Court composed of judges willing to interpret the Constitution in the way in which he advocates—i.e., by giving effect to the original intentions of the founders, who conceived of a robust federation rather than the unbalanced, centrally dominated one that we have today. I will do this by analysing the dissenting judgments of Justices Kirby and Callinan in the Work Choices Case5 to show that both judges decide the constitutional issue before them, the validity of the Commonwealth’s Work Choices legislation, with an eye to reviving federalism as a substantive feature of the Constitution. -
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. -
In August 2008 I Was Fortunate Enough to Be Selected to Attend the Annual Samuel Griffith Society Conference in Sydney
In August 2008 I was fortunate enough to be selected to attend the annual Samuel Griffith Society Conference in Sydney. I had become interest in the Samuel Griffith Society ever since conducting research during my constitutional law studies. In particular I found interest in the papers from the 2006 Samuel Griffith Society Conference that discussed the Workchoices decision. The Workchoices decision extended the interpretation of the corporations power of the Constitution to allow the federal government to legislate in relation to employment conditions. This debate over the wider interpretation of the powers of the federal government occurred at the perfect time to extend my knowledge of constitutional law and in particular the history of the Australian constitution and the intention of the founding fathers when they drafted it. The Samuel Griffith Society promotes the preservation of the constitution to its initial purposes and disapproves of the widening of interpretation of the document to increase the powers of the federal government. I found it fascinating to see and hear an interest group dedicated to one purpose – the protection of the constitution. One of the most important cases I recall during my constitutional law studies was the Tasmanian Dam Case. The case found that the external powers of the Constitution allowed the federal government to legislate in regards to issues to which it had entered into agreement with internationally. I was lucky enough to be introduced to recently retired Justice of the High Court Ian Callinan. Callinan gave an introductory speech in memorial of former High Court Chief Justice Harry Gibbs who dissented in the decision of the Tasmanian Dam Case and was concerned with the potential danger it posed to the federal balance. -
UEENSLAND Polit EFORM GROUP
t Submission No: . L8. UEENSLAND POLiT EFORM GROUP hOUSESTANDINGOF p[p~(( ‘~x~..~; ~, 0738162120 Noel Turner LJ~GA±ANDAPPAJRSCONS P0 Box 563 Booval 4304 Submission ofcorrespondence copies as evidence of activity relating to: •:~ The shredding of the Heiner documents by the authority of the Queensland Government Executive on 23.3.1990, and the following cover-up to date ~• The Lindeberg Grievance submitted by the late MrRobert Greenwood QC This material is circulated to: •~ The H.ouse ofRepresentatives Standing Committee on Legal and Constitutional Afairs; “Crime in the Community” (Secretary Gillian Gould •~ The Australian Senate Select Committee on the Lindeberg Grievance (Secretary Alistair Sands ~• Professor Bruce Grundy, Department ofJournalism and Communications, University of Queensland, St Lucia, Brisbane. This material is organised in six (6) small folios covering the period from March 1996 (1993) to 1998. Each folio covers an initiative by us ( members of the Queensland Political Reform Group QPRG), and related responses to our initiatives, also supporting extracts of publications and public statements. The OPRG has as its objective , sound and just to all parties resolution of the events leading to the shredding of the Ileiner Inquiry Documents in Queensland on 23 -03 — 1990, and the following and continuing cover-up, and to have this conducted as a lawful and constitutional exercise by Queensland and AustralianPublic Institutions. ) Arrangement ofthe documents, and what they reveal 1. The first folio, docs 1 — 4 , show that OPRG was stating/supporting our view that only a specifically constituted Commission of Inquiry could competently examine the circumstances of the shredding of the Heiner Inquiry Documents, the following cover-up and political denials. -
Reflections on the Murphy Trials
REFLECTIONS ON THE MURPHY TRIALS NICHOLAS COWDERY AM QC∗ I INTRODUCTION It is a great privilege to have been asked to contribute to this special edition of the Journal containing essays in honour of the Honourable Ian Callinan AC QC.1 In this instance I shall concentrate on but one matter in his extensive practice at the Bar, but a significant matter that went for some time, had a variety of manifestations and encompassed a multitude of interests and conflicts: that is, his role as the prosecutor of the late Justice Lionel Murphy of the High Court of Australia. It is also a great burden to assume. Where to begin? What ‘spin’ (if any) to put on this chapter of Australia’s legal history in the space available? How much of the lengthy and at times legally technical proceedings themselves should be included? How to show enough of the play of the unique Callinan attributes? How to keep myself out of it, matters of significance having now faded from the ageing memory (even assisted by the few scraps of paper that survive) and because throughout the proceedings against Murphy at all levels I was Ian’s principal junior. It was a rare (for the time) pairing of Queensland and NSW counsel – the ‘dingo fence’ for lawyers was still in place at the Tweed in those days. At the time of his retirement from the High Court last year Ian described the case as ‘agonising’ – for himself, the court and Murphy – ‘It was a very unhappy time for everybody’ he said and so it was. -
The Australian Law Journal
Australian Law Journal GENERAL EDITOR Mr Justice P W Young PRODUCTION EDITOR Cheryle King ASSISTANT GENERAL EDITOR Dr Paul Gerber The mode of citation of this volume is (2003) 77 ALJ [page] Australian Law Journal Reports TEAM LEADER Carmel Jones PRODUCTION EDITOR Carolyn May CASE REPORTERS Lachlan Cottom Clare D'Arcy Cathie Dickinson Paul Govind Natalie Lammas Renu Prasad Angeline Wong The mode of citation of this volume is 77 ALJR [page] (2003) 77 ALJ 625625 © THE AUSTRALIAN LAW JOURNAL Volume 77, Number 10 October 2003 CURRENT ISSUES – Editor: Mr Justice P W Young Centenary of the High Court ................................................................................................ 631 High Court dissents .............................................................................................................. 631 Gilbert & Tobin Centre of Public Law Constitutional Law Conference, 2003 .................... 632 Judicial review...................................................................................................................... 632 Victorian Bar Inc Annual Report.......................................................................................... 632 Law Council of Australia ..................................................................................................... 632 Publishing pornography........................................................................................................ 633 Victims and sentencing........................................................................................................ -
Judges and Retirement Ages
JUDGES AND RETIREMENT AGES ALYSIA B LACKHAM* All Commonwealth, state and territory judges in Australia are subject to mandatory retirement ages. While the 1977 referendum, which introduced judicial retirement ages for the Australian federal judiciary, commanded broad public support, this article argues that the aims of judicial retirement ages are no longer valid in a modern society. Judicial retirement ages may be causing undue expense to the public purse and depriving the judiciary of skilled adjudicators. They are also contrary to contemporary notions of age equality. Therefore, demographic change warrants a reconsideration of s 72 of the Constitution and other statutes setting judicial retirement ages. This article sets out three alternatives to the current system of judicial retirement ages. It concludes that the best option is to remove age-based limitations on judicial tenure. CONTENTS I Introduction .............................................................................................................. 739 II Judicial Retirement Ages in Australia ................................................................... 740 A Federal Judiciary .......................................................................................... 740 B Australian States and Territories ............................................................... 745 III Criticism of Judicial Retirement Ages ................................................................... 752 A Critiques of Arguments in Favour of Retirement Ages ........................ -
Judicial Conduct: Crafting a System That Enhances Institutional Integrity
JUDICIAL CONDUCT: CRAFTING A SYSTEM THAT ENHANCES INSTITUTIONAL INTEGRITY GABRIELLE APPLEBY* AND SUZANNE LE M IRE† Judges are human. It is their humanity that allows them to pass judgement on the complexities of fact and law in cases before them. However, their humanity also means they are subject to the usual gamut of human frailties. Problematic judicial conduct remains rare in Australia. However, failing to acknowledge and address it has the potential to damage the integrity of the courts and undermine the ability of individual judges to fulfil the judicial function. In this article we examine the requirements for a ‘good’ complaints system through a comparative analysis of systems operating in Australia and overseas. We proffer an alternative system for Australia, tailored to fit within our constitutional constraints whilst promoting the institutional integrity of the judiciary. CONTENTS I Introduction ................................................................................................................... 2 II Judicial Misconduct and Incapacity: Scope and Categories ................................... 5 A Incapacity .......................................................................................................... 9 B Misconduct and Misbehaviour .................................................................... 12 1 Prior to Taking Judicial Office ......................................................... 12 2 During Judicial Office — On the Bench ........................................ 12 * LLB (Hons) (UQ), LLM -
Worshipful Masters
Worshipful Masters Piddington, Albert Bathurst (1862-1945) A digital text sponsored by New South Wales Centenary of Federation Committee University of Sydney Library Sydney 2000 http://setis.library.usyd.edu.au/fed © University of Sydney Library. The texts and images are not to be used for commercial purposes without permission Source Text: Prepared from the print edition published by Angus & Robertson Limited, Sydney 1929 All quotation marks retained as data All unambiguous end-of-line hyphens have been removed, and the trailing part of a word has been joined to the preceding line. First Published: 1929 Languages: French Hindi German Italian Latin Greek, Classical A828.91/P/2/1 Australian Etexts biographies 1910-1939 prose nonfiction federation 2001 Creagh Cole Coordinator Final Checking and Parsing Worshipful Masters by (Mr Justice Piddington) “Gentlemen, Pray Silence! The Worshipful Master Craves the Honour of Taking Wine With You.”— Toastmaster's formula at an ancient Guild's Dinner in London. 39 Castlereagh Street, Sydney Australia: Angus & Robertson Limited 1929 To the Reader The title suggests that here you are invited to meet in surroundings of hospitality certain notable exemplars, some of life, some of mirth, some of learning, but all of human friendliness and service in their day. These worshipful masters crave the honour of taking wine with you. A.B.P. Contents CHARLES BADHAM .. .. .. .. 1 “COONAMBLE” TAYLOR .. .. .. .. 15 A TRIO IN DENMAN .. .. .. .. 36 GEORGE REID .. .. .. .. .. 53 “STORMS” PIDDINGTON .. .. .. .. 67 DADDY HALLEWELL .. .. .. .. 83 BADHAM II .. .. .. .. .. 101 SOME MASTERS IN REID'S PARLIAMENT .. .. 121 J. F. CASTLE .. .. .. .. .. /CELL> 142 BAPU GANDHI .. .. .. .. .. .. 160 SIR JULIAN SALOMONS .