DOCSLIB.ORG

Victorian Bar News

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Victorian Bar News No.149 Autumn 2010 ISSN 0159 3285 ISSN Farewell The Honourable Chief Justice Michael Black AC B:245 mm T:204 mm S:190 mm Never in a million years did you think you’d have a private banker. Your smart idea grew beyond all your expectations. That doesn’t leave you No. 149 Autumn 2010 much time to invest and protect what you’ve earned. Whatever your business, your Commonwealth Private Banker brings you the full resources of the Bank and is always on call to answer your questions. If you’re ready, let’s talk. Editorial 1300 362 081 | commonwealthprivate.com.au 4 A Broad Church 5 Chairman’s Brief News and Views 6 Judges at work 9 Opening of the Legal Year - Bendigo 12 Propping Up The System 15 Chief Justice Keane - Welcome Address 16 Farewell, the Honourable Chief Justice Michael Black Around Town B:286 mm S:244 mm T:268 mm T:268 17 Commbar Annual Cocktail Function 20 Launch of the Victorian Bar’s Climate Change and Environmental Law Panel Editors 22 Brian Bourke 50 Years at the Bar Georgina Schoff, Paul J Hayes. 25 ABA Advanced Advocacy Course VBN Editorial Committee 26 Wigs and Gowns Regatta Fiona McLeod SC, Samantha L Marks, Richard H M Attiwell, P Justin Hannebery, Peter A Clarke, Tom Pikusa, Ben Ihle, Renee B Sion, Renee L Enbom, 27 Legal Fun Run Lindy L Barrett, Elizabeth A Bennett, Jenifer M Digby. 28 Quarterly Counsel Contributors The Hon Chief Justice of the Federal Court of Australia; The Hon Chief Justice of Victoria; The Hon. Peter Heerey QC; The Hon. John Coldrey QC; Back of the Lift The Hon Justice John Middleton; The Hon. Justice Peter Vickery; His Honour Judge Tim Wood, Julian Burnside AO QC, George Golvan QC, 30 Silence, All Stand David Martin, James Mighell, Angela Nordlinger, Robert Hay, Kevin Lyons, Richard Attiwill, Mark Irving, Stephen O’Meara, Ted Woodward, Carolene Gwynn, 33 Adjourned Sine Die Cornelia Fourfouris-Mack, Tom Pikusa, Jane Treleaven, Renee Enbom, Elizabeth Bennett. 34 Decree Absolute Advertising All enquiries including requests for advertising rates to be sent to: VBN Boilerplate Miriam Sved The Victorian Bar Inc. 36 The Erratic Diaries of Portia Woods, Barrister 205 William Street Melbourne 3000 38 Gallimaufry Tel: (03) 9225 7943 Email: [email protected] 40 Odd Jobs 42 Habitat Published by The Victorian Bar Inc. Owen Dixon Chambers, 205 William Street, Melbourne 3000. 45 Dear Themis Registration No. A 0034304 S. This publication may be cited as (2009) 147 Vic B.N. Opinons expressed 45 Restaurant Review - intimo are not necessarily those of the Bar Council or the Bar or of any person other than the author. 46 Lawyer’s Bookshelf Important information: This information has been prepared by Commonwealth Private Ltd ABN 30 125 238 039 AFSL 314018. The services described are provided by a team consisting of Private Bankers Design and Production by who are representatives of Commonwealth Bank of Australia ABN 48 123 123 124 and Financial, Investment and Insurance Advisers who are representatives of Commonwealth Private Ltd. CBANK-477BE Avalanche Creative Solutions Pty Ltd; www.avalanchecreative.com.au Contributions to VBN Boilerplate should be in Word format and strictly limited to 400 words. Contributors photographs will be accepted 2 in high resolution JPEG or PDF format. www.vicbar.com.au Client Commonwealth Bank Mechanical Specs People OK Work Order CBANK-477 B 286 mm h x 245 mm w Creative Director Keith Anderson / Steve Simpson Ad Number 1344 T 268 mm h x 204 mm w Associate CD None Key Code CBANK-477 BE L 244 mm h x 190 mm w Art Director None Job Title Private Banking/Office G 1 mm = 1 mm Copywriter Tom Carter File Name CBANK-477 BE Prvt Office 1344.indd S Proofreader Leslie / Ryan / Jen File Format Adobe InDesign Account Manager Frith Dabkowski Start Date 4-20-2010 10:52 AM Notes None Asst. Account Manager Sarah Busta Color / Media 4/c NP Producer Jim King 1st Close 6 May 2010 Operations Natalie Kassab 1st Insertion Winter Client None Vendor XYZ Graphics Digital Studio Michael Gabriel @ 5-6-2010 1:18 PM Pubs Victoria Bar News Print Output at 100% Reader 1 Released on 6 May Prepared by Goodby, Silverstein & Partners. All rights reserved. 415.392.0669 23241 Goodby Silverstein & Partners Oris Oris M23241_CBANK-477BE_R1 GL 05.06.10 Cyan Magenta Yellow Black EDITORIAL CHAIRMAN’S BRIEF the emollient fiction that the private resolution of conflicting interests is a substitute for the impartial determination of legal rights threatens more than funding for the Courts. It undermines that respect for A Broad Church The Privilege judicial authority which is a pillar of our society. Growth of the Bar The Editors of Service Approximately 200 lawyers await their opportunity to join our Bar. This demand has been a constant feature over many years as our Bar Michael Colbran QC grows each year, making it the most dynamic and diverse in the country. In his warm responding speech at his Melbourne welcome in early May, rom J.B. Box, real tennis champion and the Bar’s first be it on the high seas at the annual ‘Wigs and Gowns Regatta’, in Pro Bono and Legal Aid published later in this edition, the Chief Justice of the Federal Court Chairman, and Joan Rosanove QC, the first woman to sign the Queensland at the Australian Bar Association’s annual advocacy As I am writing the 2010 Law Week has just concluded. This annual the Honourable Justice Patrick Keane reminded us of some iconic Victorian bar roll, whose now famous photograph appeared course or in chambers, in our regular ‘Habitat’ column which in this event which focuses attention on the contribution of the law and lawyers figures of the Victorian Bar’s past. He reminded us amongst others Fon the cover of a 1951 issue of People Magazine, through to more edition focuses on the accommodation issues facing the bar’s newest to society is now nationwide. of Owen Dixon, Robert Menzies, Keith Ackin and Neil McPhee. The recent luminaries such as High Court Justice Susan Crennan and the personalities, the readers. achievements of these legendary characters continue to inspire our A highlight of this year’s law week was the celebration of the 10th recently retired Chief Justice of the Federal Court, the Hon Michael community of 1800 practising members. Also in this edition, we introduce a new regular column authored by Anniversary of the Victorian Bar’s pro bono committee. We were honoured Black QC, the Victorian bar roll contains amongst its members a former Supreme Court Justice, the Hon John Coldrey QC who in his that the Chief Justice, The Honourable Marilyn Warren AC, spoke at this As the Bar continues to grow the Bar Council is working with BCL to rich and varied list of characters. The Victorian Bar is not a firm debut column shares his hilarious reminiscences of his first days on important event held to recognise the public service given by so many of ensure that there will be accommodation to meet the need. Also, with of solicitors or chartered accountants or similar corporate entity. the bench. our members. Her Honour’s remarks appear later in this edition. BCL the Bar is extending the scope of its intranet to ensure that all It is a society of advocates – individual lawyers who have made members of the Bar have the opportunity to access data networking the choice to practise law independently, sharing a common set of In the immortal words of the great Mahatma Ghandi, ‘there is room The Victorian Bar was the first in Australia to establish a committee of services on equal terms irrespective of the chambers they occupy. values embodied in the bar’s rules. Effective advocacy requires not for us all’. Victorian Bar News unashamedly embraces the cult of its members devoted to providing access to justice in deserving cases The new website and greater use of contemporary telecommunications only legal intellect, judgment and mental agility, but also persever- personality and we look forward to continuing our observation and and raising matters of public interest. In a similar way, some years technology will enhance the Bar’s internal communications including ance, presence, flair, courage, confidence and sometimes, a sense of celebration of the careers, lives and great characters that comprise our earlier, the Victorian Bar was the first to establish a legal aid committee to those members of the Bar who do not currently hold chambers and humour. These personal attributes are found in varying measures wonderful bar, especially as we approach our historic 150th edition to co-ordinate the generous work of its members on behalf of those who are nevertheless part of the community. amongst the members of our bar, whether they be young or old, next quarter. could not afford legal representation. outgoing or reserved, or hail from toffy Toorak or the people’s Readers Course Review These are examples of the Bar’s ethos of public service. In thinking about republic of Brunswick. From the cut and thrust flamboyance of The recent review of the Readers Course has led the Bar Council to adopt Letter to the Editors pro bono work we need to broaden the understanding of how the public criminal counsel to the diligent and acerbic endeavour of the equity a series of recommendations put to it by the working group chaired by good is served by the profession. Our contribution is not only about whisperers, it is the breadth and diversity of these personalities which Dear Ms Schoff and Mr Hayes, Peter Riordan SC.
Load more

Recommended publications
  • Challenges to the Survival of the Common Law
    CRITIQUE AND COMMENT INAUGURAL MELBOURNE UNIVERSITY LAW REVIEW ANNUAL LECTURE CHALLENGES TO THE SURVIVAL OF THE COMMON LAW STEPHEN MCLEISH* Modern conditions appear to pose challenges to the future of the common law. The range, volume and complexity of relevant and accessible material with which the common law has to deal have all grown rapidly. Statutory law has undergone corresponding growth, in a context where fundamental issues concerning the interaction between statutory and common law remain unresolved. Recalling the constitutional and democratic function of the courts may help meet these challenges. A court may only decide the case that is before it, and must do so according to law. This justifies regulating and if necessary confining the legal source materials to be accessed and relied upon in arguing and resolving a case. And recognition of the constitutional primacy of statute law is an essential starting point in ensuring cohesion of the body of statutory and common law. CONTENTS I Introduction .............................................................................................................. 818 II Growth and Complexity of the Common Law .................................................... 821 III Statutes and the Common Law .............................................................................. 825 IV Constitutional Considerations ............................................................................... 829 V Conclusion ...............................................................................................................
    [Show full text]
  • Ceremonial Sitting of the Tribunal for the Swearing in and Welcome of the Honourable Justice Kerr As President
    AUSCRIPT AUSTRALASIA PTY LIMITED ABN 72 110 028 825 Level 22, 179 Turbot Street, Brisbane QLD 4000 PO Box 13038 George St Post Shop, Brisbane QLD 4003 T: 1800 AUSCRIPT (1800 287 274) F: 1300 739 037 E: [email protected] W: www.auscript.com.au TRANSCRIPT OF PROCEEDINGS O/N H-59979 ADMINISTRATIVE APPEALS TRIBUNAL CEREMONIAL SITTING OF THE TRIBUNAL FOR THE SWEARING IN AND WELCOME OF THE HONOURABLE JUSTICE KERR AS PRESIDENT THE HONOURABLE JUSTICE KERR, President THE HONOURABLE JUSTICE KEANE, Chief Justice of the Federal Court of Australia THE HONOURABLE JUSTICE BUCHANAN, Presidential Member DEPUTY PRESIDENT S.D. HOTOP DEPUTY PRESIDENT R.P. HANDLEY DEPUTY PRESIDENT D.G. JARVIS THE HONOURABLE R.J. GROOM, Deputy President DEPUTY PRESIDENT P.E. HACK SC DEPUTY PRESIDENT J.W. CONSTANCE THE HONOURABLE B.J.M. TAMBERLIN QC, Deputy President DEPUTY PRESIDENT S.E. FROST DEPUTY PRESIDENT R. DEUTSCH PROF R.M. CREYKE, Senior Member MS G. ETTINGER, Senior Member MR P.W. TAYLOR SC, Senior Member MS J.F. TOOHEY, Senior Member MS A.K. BRITTON, Senior Member MR D. LETCHER SC, Senior Member MS J.L REDFERN PSM, Senior Member MS G. LAZANAS, Senior Member DR I.S. ALEXANDER, Member DR T.M. NICOLETTI, Member DR H. HAIKAL-MUKHTAR, Member DR M. COUCH, Member SYDNEY 9.32 AM, WEDNESDAY, 16 MAY 2012 .KERR 16.5.12 P-1 ©Commonwealth of Australia KERR J: Chief Justice, I have the honour to announce that I have received a commission from her Excellency, the Governor General, appointing me as President of the Administrative Appeals Tribunal.
    [Show full text]
  • High Court of Australia
    HIGH COURT OF AUSTRALIA ANNUAL REPORT 2000-01 High Court of Australia Canberra ACT 7 December 2001 Dear Attorney, In accordance with Section 47 of the High Court of Australia Act 1979, I submit on behalf of the Court and with its approval a report relating to the administration of the affairs of the High Court of Australia under Section 17 of the Act for the year ended 30 June 2001, together with financial statements in respect of the year in the form approved by the Minister for Finance. Sub-section 47(3) of the Act requires you to cause a copy of this report to be laid before each House of Parliament within 15 sitting days of that House after its receipt by you. Yours sincerely, (C.M. DOOGAN) Chief Executive and Principal Registrar of the High Court of Australia The Honourable D. Williams, AM, QC, MP Attorney-General Parliament House Canberra ACT 2600 CONTENTS Page PART I - PREAMBLE Aids to Access 4 PART II - INTRODUCTION Chief Justice Gleeson 5 Justice Gaudron 5 Justice McHugh 6 Justice Gummow 6 Justice Kirby 6 Justice Hayne 7 Justice Callinan 7 PART III - THE YEAR IN REVIEW Changes in Proceedings 8 Self Represented Litigants 8 The Court and the Public 8 Developments in Information Technology 8 Links and Visits 8 PART IV - BACKGROUND INFORMATION Establishment 9 Functions and Powers 9 Sittings of the Court 9 Seat of the Court 11 Appointment of Justices of the High Court 12 Composition of the Court 12 Former Chief Justices and Justices of the Court 13 PART V - ADMINISTRATION General 14 External Scrutiny 14 Ecologically Sustainable Development
    [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]
  • Newsletter [2018] No 9, 8 November 2018
    NEWSLETTER [2018] No. 09 2018 ANNUAL ESSAY PRIZE Dr Nuncio d’Angelo Professor Gino Dal Pont The winner of the Academy’s Annual essay Prize Mr Russell Miller AM for 2018 is Ms Ashleigh Mills, who is a solicitor Dame Sian Elias GNZM PC QC and members of the employed at Holding Redlich in Sydney. Academy at the AGM The prize (of $10,000) will be presented to Ms Mills at the Academy’s book launch event to be held on 28 November (see under “Forthcoming Events” below). The Academy is much indebted to the Judging Panel comprising Professor the Hon William Gummow AC QC (Chair), Ms Kate Eastman SC and Professor James Stellios for their work in judging the essays. As was noted at the Annual General Meeting, Professor Croucher did not stand again for the ANNUAL GENERAL MEETING office of Director due to her having assumed the The annual general meeting of the Academy was role of Chair of the Asia Pacific Forum of held at the Federal Court in Melbourne National Human Rights Institutions (in addition immediately prior to the Patron’s Address at the to her responsibilities as President of the same location (see under “RECENT EVENTS” Australian Human Rights Commission). The below). President noted with thanks the indebtedness of the Academy to Professor Croucher for the The following were elected as directors and to major contribution that she has made as a the particular offices where shown Director. The meeting welcomed as a new Director Professor Gino Dal Pont of the President University of Tasmania Law School.
    [Show full text]
  • John Latham in Owen Dixon's Eyes
    Chapter Six John Latham in Owen Dixon’s Eyes Professor Philip Ayres Sir John Latham’s achievements are substantial in a number of fields, and it is surprising that, despite the accessibility of the Latham Papers at the National Library, no-one has written a biography, though Stuart Macintyre, who did the Australian Dictionary of Biography entry, has told me that he had it in mind at one stage. Latham was born in 1877, nine years before Owen Dixon. As a student at the University of Melbourne, Latham held exhibitions and scholarships in logic, philosophy and law, and won the Supreme Court Judges’ Prize, being called to the Bar in 1904. He also found time to captain the Victorian lacrosse team. From 1917 he was head of Naval Intelligence (lieutenant-commander), and was on the Australian staff at the Versailles Peace Conference. Latham’s personality was rather aloof and cold. Philosophically he was a rationalist. From 1922-34 he was MHR for the Victorian seat of Kooyong (later held by R G Menzies and Andrew Peacock), and federal Attorney-General from 1925-29 in the Nationalist government, and again in 1931–34 in the Lyons United Australia Party government. In addition he was Deputy Prime Minister and Minister for External Affairs from 1931-34. He resigned his seat and was subsequently appointed Chief Justice of the High Court (1935-52), taking leave in 1940-41 to go off to Tokyo as Australia’s first Minister to Japan. Latham was a connoisseur of Japanese culture. He fostered a Japan-Australia friendship society in the 1930s, and in 1934 he led an Australian diplomatic mission to Japan, arranging at that time for the visit to Australia of the Japanese training flotilla.
    [Show full text]
  • Speech Given by Chief Justice Higgins Ceremonial Sitting on the Occasion of the Retirement of Justice Gray Friday 29 July 2011
    Speech given by Chief Justice Higgins Ceremonial Sitting on the occasion of the retirement of Justice Gray Friday 29 July 2011 Welcome to everybody who is in attendance today and particularly may I welcome our guest of honour Justice Gray, his wife Laura and the extended Gray family, two generations thereof being present. I welcome the judges who are present today. Particularly we are honoured by the presence of Chief Justice Robert French of the High Court of Australia, former judges of this Court, the Honourable Jeffrey Miles, the Honourable John Gallop and former Master of this Court Alan Hogan. It is a great pleasure to have them with us today along with the Magistrates, Members of the Legislative Assembly, Practitioners, staff members, and of course, ladies and gentlemen. I acknowledge the apologies of those unable to attend this ceremonial sitting; their Honours, Justices of the High Court, otherwise than of course his Honour the Chief Justice, Chief Minister Katy Gallagher, the Federal Attorney General the Honourable Robert McClelland, the Commonwealth Solicitor General Stephen Gageler, Patrick Keane Chief Justice of the Federal Court, Deputy Chief Justice John Faulks and her Honour Justice Mary Finn of the Family Court, former judge of this court the Honourable Dr Ken Crispin who offers the inadequate excuse that he is sojourning in the south of France, and the further additional and recent acting judges of this court. Before I begin, I wish to acknowledge the traditional owners of the land the Ngunnawal people before I mention his Honour, Justice Gray, who joined the 1 ranks of this court on 12 October 2000 from South Australia, and was later appointed President of the ACT Court of Appeal on 21 December 2007, following the retirement of Justice Ken Crispin.
    [Show full text]
  • 'His Excellency'
    AROUND TOWN No.151 Autumn 2012 ISSN 0159 3285 ISSN ’His Excellency’ The Hon Alex Chernov AC QC Governor of the State of Victoria 1 VICTORIAN BAR NEWS No. 151 Autumn 2012 Editorial 2 The Editors - Victorian Bar News Continues 3 Chairman’s Cupboard - At the Coalface: A Busy and Productive 2012 News and Views 4 From Vilnius to Melbourne: The Extraordinary Journey of The Hon Alex Chernov AC QC 8 How We Lead 11 Clerking System Review 12 Bendigo Law Association Address 4 8 16 Opening of the 2012 Legal Year 19 The New Bar Readers’ Course - One Year On 20 The Bar Exam 20 Globe Trotters 21 The Courtroom Dog 22 An Uncomfortable Discovery: Legal Process Outsourcing 25 Supreme Court Library 26 Ethics Committee Bulletins Around Town 28 The 2011 Bar Dinner 35 The Lineage and Strength of Our Traditions 38 Doyle SC Finally Has Her Say! 42 Farewell to Malkanthi Bowatta (DeSilva) 12 43 The Honourable Justice David Byrne Farewell Dinner 47 A Philanthropic Bar 48 AALS-ABCC Lord Judge Breakfast Editors 49 Vicbar Defeats the Solicitors! Paul Hayes, Richard Attiwill and Sharon Moore 51 Bar Hockey VBN Editorial Committee 52 Real Tennis and the Victorian Bar Paul Hayes, Richard Attiwill and Sharon Moore (Editors), Georgina Costello, Anthony 53 Wigs and Gowns Regatta 2011 Strahan (Deputy Editors), Ben Ihle, Justin Tomlinson, Louise Martin, Maree Norton and Benjamin Jellis Back of the Lift 55 Quarterly Counsel Contributors The Hon Chief Justice Warren AC, The Hon Justice David Ashley, The Hon Justice Geoffrey 56 Silence All Stand Nettle, Federal Magistrate Phillip Burchardt, The Hon John Coldrey QC, The Hon Peter 61 Her Honour Judge Barbara Cotterell Heerey QC, The Hon Neil Brown QC, Jack Fajgenbaum QC, John Digby QC, Julian Burnside 63 Going Up QC, Melanie Sloss SC, Fiona McLeod SC, James Mighell SC, Rachel Doyle SC, Paul Hayes, 63 Gonged! Richard Attiwill, Sharon Moore, Georgia King-Siem, Matt Fisher, Lindy Barrett, Georgina 64 Adjourned Sine Die Costello, Maree Norton, Louise Martin and James Butler.
    [Show full text]
  • “The Jury on Trial: from Socrates to Modern Times”
    The Queensland Chapter of the Hellenic Australian Lawyers Association is delighted to host “The Jury on Trial: From Socrates to Modern Times” to be delivered by The Hon Justice Patrick Keane AC Justice of the High Court of Australia A Tribute to the Late Alexander Christy Freeleagus will be provided by Michael Klug AM Closing Address The Hon Justice Anthe Philippides Judge of Appeal, Supreme Court of Queensland The Oration will be followed by entertainment in the Banco Court Foyer by acclaimed Bouzouki player George Bousias Venue: Banco Court, QEII Courts of Law 415 George Street, Brisbane Date: Friday 1 September 2017 Time: Commencing at 5.30pm and followed by drinks & canapés until 8.00pm Tickets are $30 for HAL members and students and $50 for non-members To book and pay online visit https://hal.asn.au/oration-2017 or complete the registration form on the reverse RSVP by 24 August 2017 For more information contact Mal Varitimos QC at [email protected] or call (07) 3008 4200 REGISTRATION FORM The Clayton Utz Alexander Christy Freeleagus Oration 1 September 2017, 5.30pm, Banco Court, QEII Courts of Law Complex Name: Organisation: Telephone: Email: Number of seats required: Total amount payable: $ Online (preferred method) - https://hal.asn.au/oration-2017 Cheque - payable to ‘Hellenic Australian Lawyers Association Inc.’ EFT: - Return the completed registration form, to the address below, and transfer the funds to the HAL account: BSB 941-300 Account 204632-001 (please quote your name as the reference) Return your registration form by 24 August 2017, together with payment (if by cheque), to Hellenic Australian Lawyers Association Inc., c/- M Varitimos QC, Chairperson of HAL (Queensland Chapter): by post: Level 4, Quay Central, 95 North Quay, Brisbane Qld 4000 by email: [email protected] .
    [Show full text]
  • Banco Court Lectures 2018
    Banco Court lectures 2018 Introduction In 2012 the Banco Court was the venue for the fi rst seminar to be conducted in this building. In the years since then this magnifi cent ceremonial courtroom has seen many lectures and presentations from distinguished judges and academics. The tradition continues in 2018 when, for the fi rst time, the Supreme Court Library Queensland has compiled this event guide to 13 free legal lectures presented in the Banco Court. The Selden Society lectures hosted by the library are presented in the guide, as is the Supreme Court Oration—which this year will be delivered by the Honourable Geoffrey Ma GBM, Chief Justice of the Hong Kong Court of Final Appeal. The guide also features lectures from the jointly managed Current Legal Issues seminar series, the Australian Academy of Law Queensland lecture, the Australian Institute of Judicial Administration’s annual oration, and the fi rst event of the Justice in Focus series. Across these various lecture series the topics are wide-ranging and engaging, with the speakers being drawn from many different courts and universities. The Supreme Court of Queensland is pleased to welcome these distinguished speakers to the Banco Court. I trust you will enjoy and be informed by these lectures and I encourage you to attend as many as possible. Catherine Holmes Chief Justice Calendar of lectures March May Tuesday 13th Thursday 3rd Justice in Focus series Selden Society lecture series Soft on crime? How sentencing Guns and judges: Antonin Scalia and can better refl ect community
    [Show full text]
  • 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 ........................
    [Show full text]
  • Advocacy Training
    England as a source of Australian law – for how long? The Honourable Justice James Douglas Supreme Court of Queensland 6 October 2011 England as a source of Australian law – the present England has been the major source of Australian law at least since its reception formally in the Australian colonies, starting with New South Wales and Tasmania in 1828.1 English common law was normally applied locally and statutes, particularly those dealing with commercial law and legal procedure, were often adopted practically verbatim. Final appeals were taken, often directly, to the Judicial Committee of the Privy Council, even after the creation of the High Court of Australia. The retention of that right of appeal was not part of the federation proposed originally and voted on in the referenda held in the Australian colonies in the 1890s. It always struck me as anomalous that major Australian disputes such as the Bank Nationalisation Case were decided finally in London.2 When I was a student in the late 1960s to the mid 1970s the idea that there was now an Australian common law, distinct from English common law, was relatively novel and the source of pride, at least for me, when I first read the High Court’s decision in Parker v The Queen3 decisively rejecting the approach of the House of Lords in respect of criminal intent in DPP v Smith4. Apart from the formal reasons for rejecting the House of Lord’s view, the anecdotal version of Sir Wilfred Fullagar’s reaction to the English decision, that they were “hanging men for manslaughter in England now”, was the most telling when I read it much later in Philip Ayres’ biography of Sir Owen Dixon5.
    [Show full text]