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Newsletter [2021] No. 8 Dated 27 August 2021

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Newsletter [2021] No. 8 Dated 27 August 2021 NEWSLETTER [2021] No. 8 l 2 7 August 2021 Welcome to the eighth Newsletter for 2021. A scheme whereby academics may spend a day or two with a judge Congratulations The Hon Kevin Lindgren AM QC, Justice Robert It has been announced that, with effect from 1 Beech-Jones, Justice David Mossop, Professor September 2021, The Honourable Justice Mark Les McCrimmon, Professor Alison Gerard and Dr Livesey will become the President of the Court of John Lowndes OAM are the members of this ad Appeal of the Supreme Court of South Australia. The hoc committee. Australian Academy of Law congratulates Justice Livesey. The idea is to establish a system whereby (generally) junior academics may spend a day or two with a judge The Australian Academy of Law congratulates The to gain, or renew, firsthand experience of how a court Honourable Justice Robert Beech-Jones on his runs. Chief Justices are being consulted by me. appointment as the new Chief Judge at Common Law and a Judge of Appeal, Supreme Court of New South The committee’s proposal for a pilot scheme has Wales, announced by NSW Attorney General on 11 been approved by the Board. August 2021. What is necessary now, to get the pilot scheme The Australian Academy of Law also congratulates underway, is for those Fellows who are trial judges of superior courts and who are willing to host an academic for a Professor Hilary Charlesworth on her nomination by the independent Australian National Group for day or two to let me know by email. election as a Judge of the International Court of Although the scheme is necessarily on hold in light of Justice. The Australian Government has supported the current COVID-19 restrictions, please let me the nomination by the Australian National Group. know if you are willing to participate. There have The election will take place at the United Nations been three volunteers so far, but all three are judges headquarters in New York on 5 November to fill the of the Supreme Court of New South Wales. A wider vacancy resulting from the passing of His geographical spread would be desirable. Excellency Judge James Crawford AC, SC, FBA. If the scheme is successful it will be extended beyond the Supreme Courts of the States and Territories and 2021 AAL Essay Prize – last days to the Federal Court. enter The deadline for the submission of an essay is 31 Forthcoming Events August 2021. Tax event – 40 years of Part IVA of the Income The essay topic for this year is: Tax Assessment Act 1936 – 8 September 2021 “Outstanding fundamental issues for First Nations Peoples in At the suggestion of AAL Fellow Mr Peter Australia: what can lawyers contribute to the current debates Walmsley, Deputy Chief Tax Counsel of the ATO, and their resolution? and The Hon Kevin Lindgren AM QC, the AAL has organised an event to mark the fortieth Note: ‘Outstanding fundamental issues’ may include, but are anniversary of the commencement of this general not limited to, constitutional recognition, treaty or bijuralism.” anti-avoidance provision, Part IVA. Each year the winning essay has been published in The event will be held on Wednesday 8 September the Australian Law Journal. 2021 at 5 PM. Because of COVID-19 restrictions, the event will now be entirely online. People who The Prize is $10,000. More detail is on the website. AAL Newsletter [2021] No. 8 dated 27 August 2021 registered to attend in person have been switched to In this discussion, chaired by The Hon RD online. Nicholson AO KCSJ, moral and political philosopher will speak to these The speakers will be: Dr Lachlan Umbers issues and related questions. The Hon AM Gleeson AC, formerly Chief Justice of Australia The flyer for the event can be found here. Please register here. The Hon Tony Pagone QC, formerly a Judge of the Federal Court of Australia and of the Supreme Tenth anniversary Patron’s address – 21 October Court of Victoria, author of Tax Avoidance in 2021 at 5:15 PM Australia, The Federation Press, 2010. Chief Justice James Allsop AO has very kindly Professor Miranda Stewart, Professor of Law at the agreed to give the Patron’s Address for 2021. It will University of Melbourne Law School where she is be held in Court One, Federal Director of the Tax Group; Fellow at the Tax and Court of Australia, Melbourne at 5 Transfer Policy Institute at the Crawford School of PM for 5:15 PM. The topic will be Public Policy, the Australian National University. “Thinking about Law: the importance of how we attend to Ms Kristen Deards SC, who has an extensive the problem at hand and of taxation practice, including appearing in complex context.” Part IVA cases. The Hon Chief Justice Allsop AO The topics will include: • the circumstances in 1981 and preceding it; The flyer for the event can be found here. Please register here. If COVID-19 restrictions permit, • developments in Part IVA since 1981 – refreshments will follow the event. including the international aspects leading to some important developments in the last 2021 AAL Annual General Meeting decade; The AGM will be held at 4 PM on 21 October 2021 • reforms to some of the key elements. in Melbourne this year, immediately before the Mr Walmsley and The Hon Roger Gyles AO QC, Patron’s address. Please put the date in your diary. former Special Commonwealth Prosecutor into Provision will be made for Fellows to join the AGM Bottom of the Harbour Tax Avoidance and former remotely. member of the General Anti-Avoidance Rules The annual joint event with the Australian (GAAR) Panel, will provide commentary and an Academy of Science – 7 October 2021 overview. The Hon Kevin Lindgren AM QC will chair the event. The flyer is here. The subject will be Artificial Intelligence from the differing perspectives of scientists and lawyers. Roundtable Perth: COVID-19 The speakers who are Fellows of the AAL will be: Wednesday 8 September, 5pm (AWST) 7pm (AEST) at Murdoch University Professor Lyria Bennett Moses, director of the The effects of COVID-19 are not limited to the Allens Hub for Technology, Law and Innovation at medical challenges, deaths, and suffering brought on the University of NSW and also a professor in the by the spread of the virus. Various inequities at a Faculty of Law. national, international, and societal level have been Professor Bennett Moses has written extensively exposed. The advent of efficacious vaccines has about the dangers of AI bias in the legal system, and revealed possibly the beginning of the end but has why it is crucial for everyone to understand how also laid bare deep questions of access, equity, and the smart machines are impacting on our society; and ethics of control over distribution. Profound Mr Edward Santow, formerly Australia’s Human questions are raised about the values to be respected Rights Commissioner, on 1 September 2021 Mr when it comes to the distribution of the vaccines, and Santow, will take up a new position at the University the terms for their distribution across the globe. AAL Newsletter [2021] No. 8 dated 27 August 2021 of Technology Sydney as Industry Professor – Yoo-rrook Justice (Truth-telling) Commission in Responsible Technology. He will lead a major UTS Victoria. Justice Mark Moshinsky is chairing the initiative to build Australia’s strategic capability in committee with The Hon Pamela Tate SC, artificial intelligence (AI) and new technology. This Professor Bee Chen Goh and Professor Duncan will support Australian business and government to Bentley being the other members. Potential be leaders in responsible innovation by developing speakers have been approached. and using AI that is powerful, effective and fair. Roundtable in Canberra – postponed from The scientists will be: Wednesday, 18 August 2021 Professor Svetha Venkatesh, of Deakin University, This Roundtable will be a presentation by Emeritus Alfred Deakin Professor, ARC Laureate Fellow, Co- Professor Peta Spender on class actions and Director of Applied Artificial Intelligence Institute litigation funding: “Class Actions in Australia: and a leading Australian computer scientist who has Controversy and Critique”. The event was postponed made fundamental and influential contributions to due to COVID-19 restrictions. the field of activity and event recognition in The new date for this event will be available on the multimedia data; and website soon. Professor Toby Walsh, a leading researcher in Artificial Intelligence, a Laureate Fellow and Scientia Joint event with the Australian Law Journal and Professor of Artificial Intelligence in the School of the Australasian Institute of Judicial Computer Science and Engineering at UNSW Administration – August 2023 Sydney, and leader of the Algorithmic Decision In light of some important national legal Theory group at CSIRO Data61. bicentenaries, a 2 or 3 day joint event with the Australian Law Journal and the Australasian Institute The event will be chaired by The Hon Annabelle of Judicial Administration (AIJA) is planned for Bennett AC SC, a Fellow of both the Australian August 2023. Examples of those legal bicentenaries Academy of Science and the Australian Academy of are, for New South Wales, the Third Charter of Law. Justice promulgated on 13 October 1823 establishing Please put 7 October 2021 in your diary. A flyer and the Supreme Court and, for Tasmania, the first sitting registration details will be available soon. of the Supreme Court of Van Diemen’s Land on 10 May 1824. I thank Justice François Kunc for this Intermediate appeal courts – event on 3 initiative. Professor David Barker and Justice November 2021 at 4:30 PM in Brisbane Geoff Lindsay have also agreed to be on the Fellows and members of the public will hear from the subcommittee, as has AAL Fellow Justice Steven heads of Australia’s intermediate courts of appeal.
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