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I~O ',C", ORII-liV BAR COUNCIL OWEN DIXON CHAMBERS <05 WILLIAM STREET, () LPo 1'7LBOURNE3 00 ~ S-S N. Our new Leather range id for e~ery generation to enJoy. Grange has been renowned for producing designed to be shared and enjoyed for generations exceptional hand made furniture for nearly 100 to come. The leather will retain its shape over years. Each piece is crafted with a passion for many years of use and can be given a new lease of design, quality and comfort in the family home. life with a gentle rub of oil. Available in rich We now present a unique range of European colours ranging from ruby reds to sensuous leather furniture, sourced from Italy and France, to chocolate browns. provide luxurious texture in Australian homes. Visit our showroom and sense for yourself the Like all Grange pieces, the new leather range is warmth our furniture will bring to your home. ( y ,.,.... i I .- -~ • I . ".. I GRANGE LES MEUBLE S DE FAMILLE Available through Grange Furniture. 55 Camberwell Road. Hawthorn, Victoria 3122 Tel: (03) 9882 8788 (Free Interior Design service available) • 598 Willoughby Road, Willoughby, NSW 2068 Tel: (02) 9958 0700 • Email: [email protected] No. 12 AUTUMN 2002 Contents EDITORS'BACKSHEET 5 Life in the 21st Centwy CHAIRMAN'S CUPBOARD 8 2002 Legal Year: Some Significant Celebrations ATTORNE~GENERAVSCOLUMN 10 Victoria's New Drug Court CORRESPONDENCE 12 Letters to the Editors WELCOME 13 Judge Hogan OBITUARY 14 Richard Kelsham Fullagar 16 VERBATIM Welcome: Judge Hogan Obituary: Richard Kelsham ARTICLES Fullagar 17 Ten New Silks Welcomed by High Court in Canberra 24 Supreme Court's 150th Armiversary Sitting 24 Court Ceremony 26 May It Please the Court 29 Speech of the President of the Law Institute of Victoria 32 25th Armiversary of the Federal Court Supreme Court's 150thAnniversary Sitting 32 Chief Justice Reviews First 25 Years 34 Development of the Federal Court Over 25 Years 36 Success of Individual Docket System Reflects Confidence in Court NEWS AND VIEWS 38 Legal Response by Australia to the War Against Terrorism 25th Anniversary oj the Federal Court 42 Expert Evidence 44 Opening ofthe Legal Year 50 The Exquisite Hour 52 Magistrate's Plaque 53 A Bit About Words/Fading Distinctions 55 Voluntas Launches 'Network of Commitment' 57 Criminal Bar Association News 59 The Remembrance of Defamations Past SPORT 61 Yachting/Squadron Sailing Day 63 CricketlHat Trick of Wins for Bar Cricketers 63 Cricket/Combined Team Beats Singapore Cricket Club Opening oj the Legal Year Voluntas Launches 'Network oj 64 Hockey/An Excellent Year Commitment' 66 GolflBench and Bar Winners at Kingston Heath Bar Sport: LAWYER'S BOOKSHELF 67 Books Reviewed 70 CONFERENCE UPDATE Cover: Ten oj the 16 new silks jar 2001 were welcomed at the High Court in Canberra on 2 February 2002 - see page 17 and jollowing. Yachting Cricket Hockey Golf 3 Victorian Bar Council VICTORIAN BAR COUNCIL Chair of Standing Committees of the Bar Council for the year 2001/2002 Aboriginal Law Students Mentoring Committee *Executive Conunittee B Kaye QC, S.W Clerks: Applications Review Committee R *Redlich QC, RF. (Chairman) W Brett QC, RA. H *Rush QC, J.T. (Senior Vice-Chairman) Child Care Facilities Committee W *Brett QC, RA. (Junior Vice-Chairman) D McLeod Ms F.M. B *Zichy-Woinarski QC, WB. Conciliators for Sexual Harassment and Vilification G Howard QC, A.J. F Rozenes QC, M. F *Dunn QC, P.A. B *Ray QC, WR Counsel Committee A *Shand QC, M.W H Rush QC, J.T. F Dreyfus QC, M.A. Equality Before the Law Committee B *McMillan S.C., Ms C.F. W Brett QC, RA. A Delany C.J. Ethics Committee G O'BryanJ. B McMillan S.C., Ms C.F. H McGarvie RW (Assistant Honorary Treasurer) A *Richards Ms J.E. Human Rights Committee H Bourke Ms K.L. D Fajgenbaurn QC, J.I. D Riordan EJ. Legal Assistance Committee W NealD.J. G Howard QC, Anthony J. S Duggan E T. Legal Education and Training Committee D Gorton J.P. BRay QC, WR D *Gronow M.G.R Past Practising Chairmen's Committee S Clarke EA. D Francis QC, C.H. D Attiwill RH.M. (Honorary Secretary) D Moore Ms S.E. (Assistant Honorary Secretary) Professional Indemnity Insurance Committee A Shand QC, MW. Ethics Committee Victorian Bar Dispute Resolution Committee B McMillan S.C., Ms C.F. (Chair) S Martin QC, WJ. S Willee QC, EA. Victorian Bar Theatre Company Steering Committee S Lally QC, WF. A Derham QC, D.M.B. H Young QC, EC. B Hill QC, I.D. P Bartfeld QC, M. F Dreyfus QC, M.A. G Lacava S.C., EG. H Lewis G.A. A Macaulay C.C. A Delany C.J. (Secretary) F Quigley, Ms M.L. G Judd, Ms K.E. D Riordan EJ. F Johns Ms S.L. VICTORIAN BAR NEWS Editorial Committee Printed by: Impact Printing Editors John Kaufman QC, Peter Lithgow (Book 69-79 Fallon Street, Gerard Nash QC and Paul Elliott QC Reviews), Richard Brear (Assistant to Brunswick Vic. 3056 the Editors), Carolyn Sparke, Peter This publication may be cited as Editorial Board Nugent, William Gillies, Nicola Gobbo (2001) 120 Vic B.N. David Bennett QC David Johns (Photography) Advertising Julian Burnside QC Published by The Victorian Bar Inc. Publications Management Pty Ltd Graeme Thompson Owen Dixon Chambers, 38 Essex Road, Surrey Hills, Editorial Consultant 205 William Street, Melbourne 3000. Victoria 3127 David Wilken Registration No. A 0034304 S Telephone: (03) 9888 5977 Opinions expressed are not necessarily Facsimile: (03) 98885919 those of the Bar Council or the Bar. E-mail: [email protected] 4 Open to change? Subscribe to Butterworths Direct and you could wind up on Hayman Island It has always made financial sense to subscribe to • Cross referencing between publications Butterworths Direct. With access to more than 160 key • Research anywhere, anytime online publications at the click of a mouse, it's simply the • Save thousands of dollars smartest, most cost-effective way to maintain an up to date • Easy to learn, easy to use with our help line legal library. Not to mention the unbelievably low price Take a 7-day free trial of Butterworths Direct and of just $299" per month - an enormous saving on the cost you could win one of three $250 vouchers to spend of hard copy versions. at David Jones. Hurry, you have so much to win So now we've added another great reason. Sign up before and nothing to lose! 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  • Reasonable Man’

    Reasonable Man’

    The University of Notre Dame Australia ResearchOnline@ND Theses 2019 The conjecture from the universality of objectivity in jurisprudential thought: The universal presence of a ‘reasonable man’ Johnny Sakr The University of Notre Dame Australia Follow this and additional works at: https://researchonline.nd.edu.au/theses Part of the Law Commons COMMONWEALTH OF AUSTRALIA Copyright Regulations 1969 WARNING The material in this communication may be subject to copyright under the Act. Any further copying or communication of this material by you may be the subject of copyright protection under the Act. Do not remove this notice. Publication Details Sakr, J. (2019). The conjecture from the universality of objectivity in jurisprudential thought: The universal presence of a ‘reasonable man’ (Master of Philosophy (School of Law)). University of Notre Dame Australia. https://researchonline.nd.edu.au/theses/215 This dissertation/thesis is brought to you by ResearchOnline@ND. It has been accepted for inclusion in Theses by an authorized administrator of ResearchOnline@ND. For more information, please contact [email protected]. The Conjecture from the Universality of Objectivity in Jurisprudential Thought: The Universal Presence of a ‘Reasonable Man’ By Johnny Michael Sakr Submitted in accordance with the requirements of the degree of Master of Philosophy University of Notre Dame Australia School of Law February 2019 SYNOPSIS This thesis proposes that all legal systems use objective standards as an integral part of their conceptual foundation. To demonstrate this point, this thesis will show that Jewish law, ancient Athenian law, Roman law and canon law use an objective standard like English common law’s ‘reasonable person’ to judge human behaviour.