Removal of Judges from Office
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The Executive Power Ofthe Commonwealth: Its Scope and Limits
DEPARTMENT OF THE PARLIAMENTARY LIBRARY Parliamentary Research Service The Executive Power ofthe Commonwealth: its scope and limits Research Paper No. 28 1995-96 ~ J. :tJ. /"7-t ., ..... ;'. --rr:-~l. fii _ -!":u... .. ..r:-::-:_-J-:---~~~-:' :-]~llii iiim;r~.? -:;qI~Z'~i1:'l ISBN 1321-1579 © Copyright Commonwealth ofAustralia 1996 Except to the extent of the uses pennitted under the Copyright Act J968, no part of this publication may be reproduced or transmitted in any fonn or by any means including infonnation storage and retrieval systems, without the prior written consent of the Department of the Parliamentary Library, other than by Senators and Members ofthe Australian Parliament in the course oftheir official duties. This paper has been prepared for general distribution to Senators and Members ofthe Australian Parliament. While great care is taken to ensure that the paper is accurate and balanced, the paper is written using infonnation publicly available at the time of production. The views expressed are those of the author and should not be attributed to the Parliamentary Research Service (PRS). Readers are reminded that the paper is not an official parliamentary or Australian government document. PRS staff are available to discuss the paper's contents with Senators and Members and their staff but not with members ofthe public. Published by the Department ofthe Parliamentary Library, 1996 Parliamentary Research Service The Executive Power ofthe Commonwealth: its scope and limits Dr Max Spry Law and Public Administration Group 20 May 1996 Research Paper No. 28 1995-96 Acknowledgments This is to acknowledge the help given by Bob Bennett, the Director of the Law and Public Administration Group. -
Copyright and Use of This Thesis This Thesis Must Be Used in Accordance with the Provisions of the Copyright Act 1968
COPYRIGHT AND USE OF THIS THESIS This thesis must be used in accordance with the provisions of the Copyright Act 1968. Reproduction of material protected by copyright may be an infringement of copyright and copyright owners may be entitled to take legal action against persons who infringe their copyright. Section 51 (2) of the Copyright Act permits an authorized officer of a university library or archives to provide a copy (by communication or otherwise) of an unpublished thesis kept in the library or archives, to a person who satisfies the authorized officer that he or she requires the reproduction for the purposes of research or study. The Copyright Act grants the creator of a work a number of moral rights, specifically the right of attribution, the right against false attribution and the right of integrity. You may infringe the author’s moral rights if you: - fail to acknowledge the author of this thesis if you quote sections from the work - attribute this thesis to another author - subject this thesis to derogatory treatment which may prejudice the author’s reputation For further information contact the University’s Copyright Service. sydney.edu.au/copyright Land Rich, Dirt Poor? Aboriginal land rights, policy failure and policy change from the colonial era to the Northern Territory Intervention Diana Perche A thesis submitted in fulfilment of the requirements for the degree of Doctor of Philosophy Department of Government and International Relations Faculty of Arts and Social Sciences University of Sydney 2015 Statement of originality This is to certify that to the best of my knowledge, the content of this thesis is my own work. -
JHSSA Index 2014
Journal of the Historical Society of South Australia Subject Index 1975-2014 Nos 1 to 42 Compiled by Brian Samuels The Historical Society of South Australia Inc PO Box 519 Kent Town 5071 South Australia JHSSA Subject Index 1975–2014 page 35 Subject Index 1975-2014: Nos 1 to 42 This index consolidates and updates the Subject Index to the Journal of the Historical Society of South Australia Nos 1 - 20 (1974 [sic] - 1992) which appeared in the 1993 Journal and its successors for Nos 21 - 25 (1998 Journal) and 26 - 30 (2003 Journal). In the latter index new headings for Gardens, Forestry, Place Names and Utilities were added and some associated reindexing of the entire index database was therefore undertaken. The indexing of a few other entries was also improved, as has occurred with this latest updating, in which Heritage Conservation and Imperial Relations are new headings while Death Rituals has been subsumed into Folklife. The index has certain limitations of design. It uses a limited number of, and in many instances relatively broad, subject headings. It indexes only the main subjects of each article, judged primarily from the title, and does not index the contents – although Biography and Places have subheadings. Authors and titles are not separately indexed, but they do comprise separate fields in the index database. Hence author and title indexes could be included in future published indexes if required. Titles are cited as they appear at the head of each article. Occasionally a note in square brackets has been added to clarify or amplify a title. -
Autumn 2015 Newsletter
WELCOME Welcome to the CHAPTER III Autumn 2015 Newsletter. This interactive PDF allows you to access information SECTION NEWS easily, search for a specific item or go directly to another page, section or website. If you choose to print this pdf be sure to select ‘Fit to A4’. III PROFILE LINKS IN THIS PDF GUIDE TO BUTTONS HIGH Words and numbers that are underlined are COURT & FEDERAL Go to main contents page dynamic links – clicking on them will take you COURTS NEWS to further information within the document or to a web page (opens in a new window). Go to previous page SIDE TABS AAT NEWS Clicking on one of the tabs at the side of the Go to next page page takes you to the start of that section. NNTT NEWS CONTENTS Welcome from the Chair 2 Feature Article One: No Reliance FEATURE Necessary for Shareholder Class ARTICLE ONE Section News 3 Actions? 12 Section activities and initiatives Feature Article Two: Former employees’ Profile 5 entitlement to incapacity payments under the Safety, Rehabilitation and FEATURE Law Council of Australia / Federal Compensation Act 1988 (Cth) 14 ARTICLE TWO Court of Australia Case Management Handbook Feature Article Three: Contract-based claims under the Fair Work Act post High Court of Australia News 8 Barker 22 Practice Direction No 1 of 2015 FEATURE Case Notes: 28 ARTICLE THREE Judicial appointments and retirements Independent Commission against High Court Public Lecture 2015 Corruption v Margaret Cunneen & Ors [2015] HCA 14 CHAPTER Appointments Australian Communications and Media Selection of Judicial speeches -
Yet We Are Told That Australians Do Not Sympathise with Ireland’
UNIVERSITY OF ADELAIDE ‘Yet we are told that Australians do not sympathise with Ireland’ A study of South Australian support for Irish Home Rule, 1883 to 1912 Fidelma E. M. Breen This thesis was submitted in fulfilment of the requirements for the degree of Master of Philosophy by Research in the Faculty of Humanities & Social Sciences, University of Adelaide. September 2013. 1 TABLE OF CONTENTS LIST OF TABLES .......................................................................................................... 3 LIST OF ILLUSTRATIONS .............................................................................................. 3 LIST OF ABBREVIATIONS .............................................................................................. 4 Declaration ........................................................................................................... 5 Acknowledgements .............................................................................................. 6 ABSTRACT ........................................................................................................................ 7 CHAPTER 1 ........................................................................................................................ 9 INTRODUCTION ........................................................................................................... 9 WHAT WAS THE HOME RULE MOVEMENT? ................................................................. 17 REVIEW OF THE LITERATURE .................................................................................... -
The State of the Australian Judicature
The 36th Australian Legal Convention The State of the Australian Judicature Chief Justice RS French 18 September 2009, Perth In his State of the Judicature address to this Convention in 2007 the former Chief Justice, Murray Gleeson, observed, not without pleasurable anticipation: Few things in life are certain, but one is that I will not be giving the next such address. And so it came to pass. In quoting my predecessor, I would like to acknowledge his lifelong contribution and commitment to the rule of law and particularly his decade as Chief Justice of Australia. Assuming my continuing existence and that of the Australian Legal Convention, I expect to deliver three more such addresses as Chief Justice. It will be interesting on the occasion of the last of them to reflect on change in the legal landscape which will have come to pass then but still lies ahead of us today. For there has been much change since the first of these addresses. And prominent among life's few certainties is more of it. 2 The State of the Australian Judicature address given at the Australian legal Convention is a task that each Chief Justice has accepted beginning with Sir Garfield Barwick in Sydney in July 1977. In his opening remarks he said he had agreed to give the address because, as he put it1: … it seems to me that Australia is slowly developing a sense of unity in the administration of the law, as it is to be hoped it is developing a sense of unity in the legal profession. -
Situating Women Judges on the High Court of Australia: Not Just Men in Skirts?
Situating Women Judges on the High Court of Australia: Not Just Men in Skirts? Kcasey McLoughlin BA (Hons) LLB (Hons) A thesis submitted for the degree of Doctor of Philosophy, the University of Newcastle January 2016 Statement of Originality This thesis contains no material which has been accepted for the award of any other degree or diploma in any university or other tertiary institution and, to the best of my knowledge and belief, contains no material previously published or written by another person, except where due reference has been made in the text. I give consent to the final version of my thesis being made available worldwide when deposited in the University's Digital Repository, subject to the provisions of the Copyright Act 1968. Kcasey McLoughlin ii Acknowledgments I am most grateful to my principal supervisor, Jim Jose, for his unswerving patience, willingness to share his expertise and for the care and respect he has shown for my ideas. His belief in challenging disciplinary boundaries, and seemingly limitless generosity in mentoring others to do so has sustained me and this thesis. I am honoured to have been in receipt of his friendship, and owe him an enormous debt of gratitude for his unstinting support, assistance and encouragement. I am also grateful to my co-supervisor, Katherine Lindsay, for generously sharing her expertise in Constitutional Law and for fostering my interest in the High Court of Australia and the judges who sit on it. Her enthusiasm, very helpful advice and intellectual guidance were instrumental motivators in completing the thesis. The Faculty of Business and Law at the University of Newcastle has provided a supportive, collaborative and intellectual space to share and debate my research. -
The Racial Discrimination Act: a 40 Year Perspective Inaugural Kep Enderby Lecture
The Racial Discrimination Act: A 40 Year Perspective Inaugural Kep Enderby Lecture Chief Justice Robert French AC 22 October 2015, Sydney Introduction Keppel Earl Enderby QC, who died on 8 January 2015 at the age of 88, was a dedicated servant of the Australian people. He was a libertarian and a law reformer. In 1975, as Attorney-General for the Commonwealth, he introduced into the Parliament the Bill that became the Racial Discrimination Act 1975 (Cth) ('RDA'). This evening we celebrate the 40th anniversary of that Act and Kep Enderby's life of service in the presence of his widow, Dorothy Enderby and his son, Keir. He was born in Dubbo in 1926. He was educated at the Dubbo High School. He served with the RAAF as a trainee pilot in 1944 and 1945 and gained a law degree from Sydney University in 1950. He went to the United Kingdom for a few years where he married and had two children. He returned to New South Wales and took up practice at the Bar there in 1955. In 1962, he was appointed as a lecturer in law at the Australian National University. In Canberra he met his second wife, Dorothy, a university librarian. He recommenced practicing law in Canberra in 1966 and became an active member of the Australian Labor Party. He was appointed Queens Counsel in 1973. Kep Enderby was elected to the House of Representatives representing the Australian Capital Territory from 1970 to 1974 and the new seat of Canberra from 1974 to 1975. He held a number of ministerial portfolios during the time of the Whitlam Government. -
Who's That with Abrahams
barTHE JOURNAL OF THE NSWnews BAR ASSOCIATION | SUMMER 2008/09 Who’s that with Abrahams KC? Rediscovering Rhetoric Justice Richard O’Connor rediscovered Bullfry in Shanghai | CONTENTS | 2 President’s column 6 Editor’s note 7 Letters to the editor 8 Opinion Access to court information The costs circus 12 Recent developments 24 Features 75 Legal history The Hon Justice Foster The criminal jurisdiction of the Federal The Kyeema air disaster The Hon Justice Macfarlan Court NSW Law Almanacs online The Court of Bosnia and Herzegovina The Hon Justice Ward Saving St James Church 40 Addresses His Honour Judge Michael King SC Justice Richard Edward O’Connor Rediscovering Rhetoric 104 Personalia The current state of the profession His Honour Judge Storkey VC 106 Obituaries Refl ections on the Federal Court 90 Crossword by Rapunzel Matthew Bracks 55 Practice 91 Retirements 107 Book reviews The Keble Advocacy Course 95 Appointments 113 Muse Before the duty judge in Equity Chief Justice French Calderbank offers The Hon Justice Nye Perram Bullfry in Shanghai Appearing in the Commercial List The Hon Justice Jagot 115 Bar sports barTHE JOURNAL OF THE NSWnews BAR ASSOCIATION | SUMMER 2008-09 Bar News Editorial Committee Cover the New South Wales Bar Andrew Bell SC (editor) Leonard Abrahams KC and Clark Gable. Association. Keith Chapple SC Photo: Courtesy of Anthony Abrahams. Contributions are welcome and Gregory Nell SC should be addressed to the editor, Design and production Arthur Moses SC Andrew Bell SC Jeremy Stoljar SC Weavers Design Group Eleventh Floor Chris O’Donnell www.weavers.com.au Wentworth Chambers Duncan Graham Carol Webster Advertising 180 Phillip Street, Richard Beasley To advertise in Bar News visit Sydney 2000. -
The Idea of a Federal Commonwealth
Chapter One Th e Idea of a Federal Commonwealth* Dr Nicholas Aroney Arguably the single most important provision in the entire body of Australian constitutional law is s. 3 of the Commonwealth of Australia Constitution Act 1900 (UK). Th is section authorised Queen Victoria to declare by proclamation that the people of the several Australian colonies should be united in a Federal Commonwealth under the name of the Commonwealth of Australia. Several things are at once noticeable about this provision. Of primary importance for present purposes is that, while the formation of the Commonwealth depended upon an enactment by the Imperial Parliament at Westminster and a proclamation by the Queen, the Australian Commonwealth was itself premised upon the agreement of the people of the several colonies of Australia to be united into a federal commonwealth. Th e framers of the Constitution could arguably have used any one of a number of terms to describe the nature of the political entity that they wished to see established. Th e federation was established subject to the Crown and under a Constitution, so they might have called it the Dominion of Australia and describeddescribed it as a constitutional monarchy. Th e Constitution was arguably the most democratic and liberal that the world had yet seen, so perhaps they could have called it the United States of Australia and describeddescribed it as a liberal democracy. But to conjecture in this way is to hazard anachronism. Th e framers of the Constitution chose to name it the Commonwealth of Australia and toto describedescribe it as a federal commonwealth. -
Professor Emeritus Enid Mona Campbell OBE
Professor Emeritus Enid Mona Campbell OBE The degree of Doctor of Laws (honoris causa) was conferred upon Professor Emeritus Enid Mona Campbell OBE in 2002. Citation Chancellor, I have the honour to present Professor Emeritus Enid Mona Campbell OBE, one of Australia's foremost legal scholars, for the conferring of the degree of Doctor of Laws (honoris causa). Emeritus Professor Enid Campbell graduated from the University of Tasmania with a Bachelor of Laws with Honours and Bachelor of Economics in 1955, sharing the University prize for the top student. On graduation she was selected to be among the first group of students from the Commonwealth to study at Duke University in North Carolina. At Duke, her doctoral studies examined the contribution to 19th Century jurisprudence of John Austin, philosopher of legal positivism. This work enabled her to view the law from perspectives of political philosophy, international law and comparative politics. Professor Campbell took up a lectureship in Law at the University of Sydney in 1960. She rose rapidly through the ranks being promoted Associate Professor in 1965. Among her students were current Justices of the High Court of Australia, Mary Gaudron and William Gummow. It was during her time at the University of Sydney that Professor Campbell laid the foundations of her prodigious scholarship, publishing three seminal books and 17 articles. The three books were her monograph, Parliamentary Privilege in Australia (1966), considered to be the classic text in this field; her study of civil liberties Freedom in Australia (1966), co-authored with the late Harry Whitmore and which had a second edition in 1973; and finally, the text which she wrote with Donald MacDougall, Legal Research: Materials and Methods (1967), which is now in its fourth edition with other coauthors, and is regarded as the student bible on Australian legal research. -
The Deakinite Myth Exposed Other Accounts of Constitution-Makers, Constitutions and Citizenship
The Deakinite Myth Exposed Other accounts of constitution-makers, constitutions and citizenship This thesis is presented for the degree of Doctor of Philosophy of Murdoch University 2005 Geoffrey Trenorden BA Honours (Murdoch) Declaration I declare that this thesis is my own account of my research and contains as its main content work which has not previously been submitted for a degree at any tertiary education institution. …………………………………….. Geoffrey Trenorden ii Abstract As argued throughout this thesis, in his personification of the federal story, if not immediately in his formulation of its paternity, Deakin’s unpublished memoirs anticipated the way that federation became codified in public memory. The long and tortuous process of federation was rendered intelligible by turning it into a narrative set around a series of key events. For coherence and dramatic momentum the narrative dwelt on the activities of, and words of, several notable figures. To explain the complex issues at stake it relied on memorable metaphors, images and descriptions. Analyses of class, citizenship, or the industrial confrontations of the 1890s, are given little or no coverage in Deakinite accounts. Collectively, these accounts are told in the words of the victors, presented in the images of the victors, clothed in the prejudices and predilections of the victors, while the losers are largely excluded. Those who spoke out against or doubted the suitability of the constitution, for whatever reason, have largely been removed from the dominant accounts of constitution-making. More often than not they have been ‘character assassinated’ or held up to public ridicule by Alfred Deakin, the master narrator of the Conventions and federation movement and by his latter-day disciples.