View July 2019 Newsletter
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
Justice and Efficiency in Mega-Litigation
Justice and Efficiency in Mega-Litigation Anna Olijnyk Thesis submitted for the degree of Doctor of Philosophy Adelaide Law School The University of Adelaide October 2014 ii CONTENTS Abstract ....................................................................................................................................... ix Declaration .................................................................................................................................. x Acknowledgments .................................................................................................................... xi Note on Referencing Conventions ......................................................................................... xii Part I: The Problem .................................................................................................................... 2 Chapter 1: Introduction ......................................................................................................... 3 I Introduction ...................................................................................................................... 3 II Significance and Limits of the Study ........................................................................... 6 III Methodology and Structure ......................................................................................... 8 Chapter 2: Justice and Efficiency as Aims of Civil Procedure ....................................... 12 I Introduction ................................................................................................................... -
[1989] Reform 48 with Maori Needs
[1989] Reform 48 with Maori needs. (NZH, 30 November * * * 1988) The most controversial recommendation, personalia according to the NZH (30 November 1988) is: Sir Ronald Wilson its advocacy of more culturally based rem Sir Ronald Wilson will retire from the edies. It pushes for a centre of cultural re High Court with effect from 13 February search and various tribal organisations 1989. Sir Ronald was appointed to the High which could increase acknowledgement of Court on 21 May 1979 as the first Justice of the relevance of Maori values and make the court to be appointed from Western Aus culturally based penalties for Maori of tralia. Prior to his appointment Sir Ronald fenders effective’. had been Solicitor-General of Western Aus essays on legislative drafting. The Adel tralia. It is understood that he will now de aide Law Review Association at the Univer vote his energies to his other roles as Pres sity of Adelaide Law School has published a ident of the Uniting Church in Australia and book in honour of Mr JQ Ewens, CMG, Chancellor of Murdoch University. CBE, QC, the former First Parliamentary The Hon Justice Michael McHugh Counsel of the Commonwealth. The book, entitled Essays on Legislative Drafting, is Justice McHugh will fill the vacancy on edited by the Chairman of the Law Reform the High Court created by the resignation of Commission of Victoria, Mr David St L Kel Justice Wilson. His appointment will take ef ly. John Ewens, now 81, has also been ad fect from 14 February 1989. Justice McHugh, visor to the Woodhouse Inquiry into Nation formerly of the New South Wales Court of al Rehabilitation and Compensation, drafts Appeal and Supreme Court, was elevated to man and advisor to the Norfolk Island Ad the Bench in 1984. -
Royal Commission Into Violence, Abuse, Neglect and Exploitation of People with Disability
FACT SHEET Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability On 5 April 2019, the Prime Minister, the Hon Scott Morrison MP, and Minister for Families and Social Services, the Hon Paul Fletcher MP, announced the establishment of the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability. Why set up a Royal Commission? In Australia, royal commissions are the highest form of inquiry on matters of public importance. Recent inquiries and reports have shown that people with disability are more likely to experience violence, abuse, neglect and exploitation than people without disability. What we learn from the Royal Commission will help to inform Australian governments, institutions and the wider community on how to prevent, and better protect, people with disability from experiencing violence, abuse, neglect and exploitation in the future. Who was consulted on the draft Terms of Reference? The Australian Government ran a public consultation on the draft Terms of Reference for a Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability from 13 to 28 March 2019. The Government also consulted with disability peak bodies, advocates and with state and territory governments. The Government received over 3,700 responses to the online survey on the draft Terms of Reference. Thirty per cent of respondents were people with disability. The Terms of Reference for a Royal Commission define the scope of the Royal Commission’s inquiry. Ninety six per cent (96%) of respondents agreed the Terms of Reference should cover all forms of violence, abuse, neglect and exploitation of people with disability, in all settings where they occur. -
The Saga of Scott Morrison and Temporary Protection Visas’ (2021) 44(3) University of New South Wales Law Journal (Advance)
2021 Advance Access: A Masterclass in Evading the Rule of Law 1 Advance Copy – Citation Joyce Chia and Savitri Taylor, ‘A Masterclass in Evading the Rule of Law: The Saga of Scott Morrison and Temporary Protection Visas’ (2021) 44(3) University of New South Wales Law Journal (Advance). A MASTERCLASS IN EVADING THE RULE OF LAW: THE SAGA OF SCOTT MORRISON AND TEMPORARY PROTECTION VISAS JOYCE CHIA* AND SAVITRI TAYLOR** For over a year, the then Minister for Immigration successfully avoided granting permanent protection to refugees who came by boat. His newly elected government had promised to re-introduce a temporary protection regime, but came to power without the numbers to pass necessary legislation. In order to achieve his policy objective, the Minister chose to engage in a variety of legally dubious tactics to forestall and delay granting permanent protection, as required by the law. In doing so, the Minister navigated skilfully through the holes in Australia’s institutional frameworks designed to protect the rule of law and Australia’s constitutional arrangements. The saga of Scott Morrison and temporary protection visas is therefore a telling story about the fragility of the rule of law in Australia and demonstrates how a determined executive can upend the constitutional order. I INTRODUCTION In October 2013, the then Minister for Immigration and Border Protection, Scott Morrison, asked his Department for advice on a problem. The new Coalition Government had come to power promising that refugees who came by boat would now only be entitled to temporary protection.1 There was, however, something in * Dr Joyce Chia, BA/LLB (Melb), PhD (UCL), was formerly Director of Policy at the Refugee Council of Australia. -
University of New South Wales Law School 40 Anniversary
University of New South Wales Law School 40 th Anniversary Chief Justice Robert French AC 17 September 2011, Sydney Chancellor, Dean, Attorney-General, Sir Gerard Brennan, Ladies and Gentlemen, there seems to be a fascination with '40' that requires human beings to celebrate or mourn anniversaries bearing that number. This may have something to do with its biblical significance and the seepage of that significance into popular culture. According to the usual unreliable sources, '40' represents a period of waiting, preparation, testing or punishment. So the Old Testament recounts 40 days of life 1 2 extinguishing global inundation, 40 years of wandering in the desert and the 3 40 days it took to embalm Jacob. On a more positive note the Gospel of Barnabas predicted that the end of the world would be followed by 40 years of darkness after which God would give life to his Messenger, his angels and the elect. Looking up the meaning of '40' on the web, I came across a numerological calculator called the Gematria which will add up the values of the letters of a name yielding a number based on those letters which may or may not have symbolic significance. Having found no symbolic significance attaching to any variant of my own name, I keyed in 'Hal', the name of the Foundation Dean of the Law School. This yielded a positive result. According to the Gematria, 'Hal' equates to the number 39, which is said to be symbolic of 'the organisation and the solidarity of the ______________________ 1 Genesis 7, 4. 2 Nb 32, 13. -
Chapter 2 Freedom of Speech and Part IIA of the Racial
Parliamentary Joint Committee on Human Rights Inquiry report Freedom of speech in Australia Inquiry into the operation of Part IIA of the Racial Discrimination Act 1975 (Cth) and related procedures under the Australian Human Rights Commission Act 1986 (Cth) 28 February 2017 © Commonwealth of Australia 2017 ISBN 978-1-76010-526-6 PO Box 6100 Parliament House Canberra ACT 2600 Phone: 02 6277 3823 Fax: 02 6277 5767 Email: [email protected] Website: http://www.aph.gov.au/joint_humanrights/ This document was prepared by the Parliamentary Joint Committee on Human Rights and printed by the Senate Printing Unit, Department of the Senate, Parliament House, Canberra. ii Membership of the committee Members Mr Ian Goodenough MP, Chair Moore, Western Australia, LP Mr Graham Perrett MP, Deputy Chair Moreton, Queensland, ALP Mr Russell Broadbent MP McMillan, Victoria, LP Senator Carol Brown Tasmania, ALP Senator Richard Di Natale (12.12.16) Victoria, AG Senator Sarah Hanson-Young (2.2.17) South Australia, AG Ms Madeleine King MP Brand, Western Australia, ALP Mr Julian Leeser MP Berowra, New South Wales, LP Senator Nick McKim Tasmania, AG Senator Claire Moore Queensland, ALP Senator James Paterson Victoria, LP Senator Linda Reynolds CSC Western Australia, LP Senator Rachel Siewert (3.2.17) Western Australia, AG Secretariat Ms Toni Dawes, Committee Secretary Ms Zoe Hutchinson, Principal Research Officer Ms Nicola Knackstredt, Principal Research Officer Mr Tasman Larnach, Principal Research Officer Mr Glenn Ryall, Principal Research Officer Ms Jessica Strout, Principal Research Officer Ms Eloise Menzies, Senior Research Officer Mr Josh See, Senior Research Officer Ms Morana Kavgic, Legislative Research Officer Ms Alice Petrie, Legislative Research Officer iii Table of contents Membership of the committee ...................................................................... -
Records Disposal Freeze Royal Commission Into Violence, Abuse, Neglect and Exploitation of People with Disability
Records Disposal Freeze Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability Notice of Records Disposal Freeze for Records Relating to the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability The purpose of this document is to notify public sector organisations which may be in possession of records relevant to the scope of the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability (Royal Commission) that a disposal freeze has been placed on records which may be required for the inquiries of the Royal Commission or related legal actions or investigations. Background On 5 April 2019 the Prime Minister, the Hon Scott Morrison MP, and Minister for Families and Social Service, the Hon Paul Fletcher MP, announced the establishment of the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability (Royal Commission). The Letters Patent and Terms of Reference establishing the Royal Commission were issued on 4 April 2019 by the Governor-General, His Excellency General the Honourable Sir Peter Cosgrove AK MC (Ret’d). The Hon Ronald Sackville AO QC has been appointed as the Chair of the Royal Commission. The Royal Commission is to inquire into and report on violence against, and abuse, neglect and exploitation of, people with disability, in all settings and contexts. The Royal Commission’s Terms of Reference cover what should be done to: • prevent and better protect people with disability from experiencing violence, abuse, neglect and exploitation • achieve best practice in reporting and investigation of, and responding to, violence, abuse, neglect and exploitation • promote a more inclusive society that supports the independence of people with disability and their right to live free from violence, abuse, neglect and exploitation. -
Avi Avital Principal Partner Avi Avital
AVI AVITAL PRINCIPAL PARTNER AVI AVITAL Sydney, Melbourne and Brisbane October/November 2016 Avi Avital Mandolin Take control of your Paul Dyer AO Artistic Director Australian Brandenburg Orchestra PROGRAM financial future Vivaldi Concerto for Strings in C major, RV 110 Vivaldi Concerto in A minor, RV 356 Valentini Concerto Grosso in A minor, Op. 7, No. 11 Tsintsadze Six Miniatures on Georgian Folk Themes for Mandolin and Strings Interval Vivaldi Mandolin Concerto in C major, RV 425 Paisiello Mandolin Concerto in E-flat major Vivaldi Concerto in G minor, RV 315, Summer Sydney Melbourne Brisbane City Recital Hall Melbourne Recital Centre Queensland Performing Arts Centre Wednesday 26 October, 7pm Saturday 5 November, 7pm Tuesday 8 November, 7:30pm Friday 28 October, 7pm Sunday 6 November, 5pm Saturday 29 October, 7pm Wednesday 2 November, 7pm Friday 4 November, 7pm Matinee The best decisions are made when you have all the facts Saturday 29 October, 2pm Chairman’s 11 Macquarie financial advisers provide expert To access the tools, insights and expertise you Proudly supporting our guest artists. guidance and keep you informed, so you need to help make important decisions contact can take control of your financial future a Macquarie adviser today. The duration of this concert is approximately 2 hours including interval. with confidence. We kindly request that you switch off all electronic devices during the performance. Call 1800 789 789 or visit macquarie.com.au/advice macquarie.com This information is provided by Macquarie Equities Limited ABN 41 002 574 923 AFSL 237504 (MEL) and does not take into account your objectives, financial situation or needs. -
Download PDF Read More
This Issues Paper reflects the law as at 27 March 2009. © Commonwealth of Australia 2009 This work is copyright. You may download, display, print and reproduce this material in whole or part, subject to acknowledgement of the source, for your personal, non- commercial use or use within your organisation. Apart from any use as permitted under the Copyright Act 1968 (Cth), all other rights are reserved. Requests for further authorisation should be directed by letter to the Commonwealth Copyright Administration, Copyright Law Branch, Attorney-General’s Department, Robert Garran Offices, National Circuit, Barton ACT 2600 or electronically via www.ag.gov.au/cca. ISBN-978-0-9804153-5-3 Commission Reference: IP 35 The Australian Law Reform Commission was established on 1 January 1975 by the Law Reform Commission Act 1973 (Cth) and reconstituted by the Australian Law Reform Commission Act 1996 (Cth). The office of the ALRC is at Level 25, 135 King Street, Sydney, NSW, 2000, Australia. All ALRC publications can be made available in a range of accessible formats for people with disabilities. If you require assistance, please contact the ALRC. Telephone: within Australia (02) 8238 6333 International +61 2 8238 6333 TTY: (02) 8238 6379 Facsimile: within Australia (02) 8238 6363 International +61 2 8238 6363 E-mail: [email protected] ALRC homepage: www.alrc.gov.au Printed by Ligare Making a submission Any public contribution to an inquiry is called a submission and these are actively sought by the ALRC from a broad cross-section of the community, as well as those with a special interest in the particular inquiry. -
Who Publishes in Australia's Top Law Journals?
2012 Who Publishes in Australia’s Top Law Journals? 201 WHO PUBLISHES IN AUSTRALIA’S TOP LAW JOURNALS? RUSSELL SMYTH* I INTRODUCTION The purpose of this article is to answer the question: which individuals, and law schools, publish in the top Australian law journals? The article contributes to studies which have examined which individuals, and law schools, are the most prolific publishers in the top law journals published in the United States1 as well as studies which have examined the most prolific individuals, and schools, in the top journals in other disciplines.2 The article is predicated on the belief that the * BEc(Hons) LLB(Hons) MEc (Monash) PhD (London), Professor, Department of Economics, Monash University. Thanks to Chris Arup, Vince Morabito, Ingrid Nielsen, Greg Taylor and two anonymous referees for comments on earlier versions of this article. I particularly thank Amanda Reed for excellent research assistance, collecting the raw data and compiling the tables and Matthew Groves, who not only provided extensive comments on an earlier version of this article but also provided useful advice on ways of measuring the top Australian law journals. I alone am responsible for the contents of this article and any remaining errors. 1 For example, see The Executive Board, ‘Chicago-Kent Law Review Faculty Scholarship Survey’ (1989) 65 Chicago-Kent Law Review 195; Janet M Gumm, ‘Chicago-Kent Law Review Faculty Scholarship Survey’ (1990) 66 Chicago-Kent Law Review 509; Colleen M Cullen and S Randall Kalberg, ‘Chicago- Kent Law Review Faculty -
The Problem of Delay in Class Actions
Class Actions Research Paper #4: 9 October 2020 The problem of delay in class actions Peter Cashman1 & Amelia Simpson2 In this paper we examine delays in the resolution of class actions in the Federal Court and the New South Wales, Victorian and Queensland Supreme Courts. We have sought to obtain and analyse the available empirical data on 542 cases.3 The data collected included information on: • the date(s) on which the cause(s) of action arose or time periods relevant to the cause of action • the date on which each class action was filed • the date on which the proceeding was finalised • the date of judgment in cases where liability was judicially determined • the date on which any settlement agreement was approved (or rejected) by the court. Using this data, we have computed: • the time period (in days) from the date of commencement of the proceeding to the date on which the matter was ‘finalised’ • the time period (in days) from the date of filing to the date of settlement approval or judgment • for cases that are as yet not finalised: the period from when the case was commenced until 30 September 2020. We then calculated, for cases commenced in each calendar year in the period 1992 to 2020, the average and median times from commencement to ‘finalisation’. The results and our analyses are set out in this Research Paper. We have included as Appendix A a schedule of the cases considered. We have also included reference below to: • other available quantitative data on delays in class actions in Australia • the qualitative information on the problem and causes of delay in class action litigation based on interviews which we conducted with experienced class action practitioners, which we previously set out in detail in Research Paper #34 and • suggested guidelines, proposed by others, for the purpose of determining unreasonable or undesirable delay in civil proceedings generally. -
Essay the Federal Court of Australia: the First 30 Years — a Survey on The
ESSAY THE FEDERAL COURT OF AUSTRALIA: THE FIRST 30 YEARS — A SURVEY ON THE OCCASION OF TWO ANNIVERSARIES THE HON CHIEF JUSTICE MICHAEL E J BLACK AC* [In this essay the Chief Justice of the Federal Court of Australia reviews the Court’s first 30 years. His Honour traces the origins of the Court, arguing that since Federation the Commonwealth has always sought to keep matters of special federal concern within the exclusive or near exclusive jurisdiction of federal courts. His Honour outlines the events leading to the establishment of the Federal Court and its subsequent growth and development as a national trial and appellate court of general jurisdiction in civil matters arising under federal law. His Honour discusses the Court’s procedural reforms, its distinctive model of self-administration, and the growth of its jurisdiction consequent upon the large expansion of areas of Commonwealth legislative interest.] CONTENTS I Introduction........................................................................................................... 1017 II An Historical Overview........................................................................................ 1018 III Why a Federal Court?........................................................................................... 1022 IV The New Court and Its Judges.............................................................................. 1026 V The Early Years..................................................................................................... 1028 VI An Evolving Jurisdiction