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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. -
'Feed the Troops on Victory': a Study of the Australian
‘FEED THE TROOPS ON VICTORY’: A STUDY OF THE AUSTRALIAN CORPS AND ITS OPERATIONS DURING AUGUST AND SEPTEMBER 1918. RICHARD MONTAGU STOBO Thesis prepared in requirement for the Degree of Doctor of Philosophy School of Humanities and Social Sciences University of New South Wales, Canberra June 2020 Thesis/Dissertation Sheet Surname/Family Name : Stobo Given Name/s : Richard Montagu Abbreviation for degree as given in the : PhD University calendar Faculty : History School : Humanities and Social Sciences ‘Feed the Troops on Victory’: A Study of the Australian Corps Thesis Title : and its Operations During August and September 1918. Abstract 350 words maximum: (PLEASE TYPE) This thesis examines reasons for the success of the Australian Corps in August and September 1918, its final two months in the line on the Western Front. For more than a century, the Corps’ achievements during that time have been used to reinforce a cherished belief in national military exceptionalism by highlighting the exploits and extraordinary fighting ability of the Australian infantrymen, and the modern progressive tactical approach of their native-born commander, Lieutenant-General Sir John Monash. This study re-evaluates the Corps’ performance by examining it at a more comprehensive and granular operational level than has hitherto been the case. What emerges is a complex picture of impressive battlefield success despite significant internal difficulties that stemmed from the particularly strenuous nature of the advance and a desperate shortage of manpower. These played out in chronic levels of exhaustion, absenteeism and ill-discipline within the ranks, and threatened to undermine the Corps’ combat capability. In order to reconcile this paradox, the thesis locates the Corps’ performance within the wider context of the British army and its operational organisation in 1918. -
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. -
AIF Battalion Commanders in the Great War the 14Th Australian Infantry Battalion – a Case Study by William Westerman
THE JOURNAL OF THE WESTERN FRONT ASSOCIATION FOUNDED 1980 JANUARY/FEBRUARY 2017 NUMBER 108 www.westernfrontassociation.com 2017 Spring Conference and AGM MAY University of Northumbria, Newcastle upon Tyne, NE2 1XE Programme for the day 9.30am Doors open. Teas/coffees 10.15am Welcome by the Chairman 10.20am British casualty evacuation from the Somme, 6 July 1916: success or failure? by Jeremy Higgins 11.20am Winning With Laughter: Cartoonists at War by Luci Gosling Newcastle upon Tyne 12.20pm buffet lunch 1.20pm Politics and Command: Conflict and Crisis 1917 by John Derry 2.20pm Teas/coffees 2.45pm AGM 4.30pm Finish of proceedings FREE EVENT / BUFFET LUNCH AT COST A loose leaf insert will be sent out with the next Bulletin (107) giving full details. Contact the WFA office to confirm your attendance and reserve your place. JUNE 6th WFA JULY WFA York President’s Conference Conference Saturday 8th July 2017 Doors 09.00 Saturday 3rd June 2017 Start 09.45 until 16.15 Doors 09.00 Manor Academy, Millfield Lane, 3 Start 09.45 until 16.30 8 Nether Poppleton, York YO26 6AP Tally Ho! Sports and Social Club, Birmingham Birmingham B5 7RN York l An Army of Brigadiers: British Commanders l The Wider War in 1917: Prof Sir Hew Strachan at the Battle of Arras 1917: Trevor Harvey l British Propaganda and The Third Battle l Arras 1917 - The lost opportunity: of Ypres: Prof. Stephen Badsey Jim Smithson l If we do this, we do it properly: l Messines 1917 - The Zenith of Siege The Canadian Corps at Passchendaele 1917: Warfare: Lt. -
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. -
NO TURNING BACK NO TURNING BACK a Memoir
Pandanus Online Publications, found at the Pandanus Books web site, presents additional material relating to this book. www.pandanusbooks.com.au NO TURNING BACK NO TURNING BACK a memoir E. T. W. Fulton Edited, with an introduction and afterword by Elizabeth Fulton Thurston PANDANUS BOOKS Research School of Pacific and Asian Studies THE AUSTRALIAN NATIONAL UNIVERSITY Cover: Carriers crossing a fast-flowing stream in the Sepik, 1936. Photograph by E.T.W. Fulton. Illustrations: All photographs are from the Fulton or Thurston collection. Maps: Bryant Allen. © The estate of E. T. W. Fulton and Elizabeth Fulton Thurston 2005 This book is copyright in all countries subscribing to the Berne convention. Apart from any fair dealing for the purpose of private study, research, criticism or review, as permitted under the Copyright Act, no part may be reproduced by any process without written permission. Typeset in Garamond 11.75pt on 15pt and printed by Pirion, Canberra National Library of Australia Cataloguing-in-Publication entry Fulton, Edward Thomas Whyte. No turning back : a memoir. Includes index. ISBN 1 74076 141 3. 1. Fulton, Edward Thomas Whyte. 2. Australia. Army. Australian New Guinea Administrative Unit. 3. Gold miners — New Guinea (Territory) — Biography. 4. Soldiers — New Guinea (Territory). — Biography. 5. World War, 1939–1945 — Papua New Guinea. 6. Gold mines and mining — New Guinea (Territory). I. Thurston, Elizabeth, 1948– . II. Title. 920.71 Editorial inquiries please contact Pandanus Books on 02 6125 3269 www.pandanusbooks.com.au Published by Pandanus Books, Research School of Pacific and Asian Studies, The Australian National University, Canberra ACT 0200 Australia Pandanus Books are distributed by UNIREPS, University of New South Wales, Sydney NSW 2052 Telephone 02 9664 0999 Fax 02 9664 5420 Consultant Editor: Donald Denoon Production: Ian Templeman, Justine Molony and Emily Brissenden It is 1985 and my dreams in the isolation of a mining camp on a river in the Sepik mountains, 50 years ago, have now been replaced by memories. -
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 ...................................................................... -
*Annualreperts, *Foreign Countries, Libraries
ECCUMENT RESUME ED 049 780 LI 002 742 TITLE National Library of Australia. Ninth Annual Report 1968-19bS. INSTITUTION National Litrary of Australia, CantErra. PUE DATE Jun 7C NCIE 37p. ELKS PRIG: EDRS Price MF-$0.65 HC-$3.29 DESCRIPTORS *AnnualReperts, *Foreign Countries, Libraries, Library Collections, Litrary Expenditures, Library Facilities, Library Services, *National Libraries IDENTIFIERS *Australia AESIRACI A descriEticn of the building and its operation and use, and the library functions, collections, services, and statt is provided. Financial statements are included. (AE) C=) CO U.S. DEPARTMENT OF HEALTH, EOUCATION & WELFARE OFFICE OF EOUCATION THIS DOCUMENT HAS BEEN REPRODUCED EXACTLY AS RECEIVED F ROM THE PERSO N OR ORGANIZATION ORIGINATING IT POINTS OF VIEW OR OPINIONS STATED DO NOT NECES- SARILY REPRESENT OFFICIAL OFFICE 0 0 EDU- CATION POSITION OR POLICY National Library of Australia NINTH ANNUAL REPORT 1968-1969 CANBERRA COUNCIL Chairman Sir Grenfell Price, C.M.G., D.Litt., M.A., Dip.in Ed., F.R.G.S. Deputy Chairman Senator The Honourable Sir Alister Maxwell McMullin, K.C.M.G. Gordon Munro Bryant, B.A., Dip.Ed., M.P. The Honourable Sir Peter Crisp, LL.B. William Richard Cumming, C.V.O., B.A., LL.B., Dip.Public Admin. Ursula Hoff, Ph.D. Professor Sir Leonard George Holden Huxley, K.B.E., D.Phil., Ph.D., M.A., F.Inst.P., F.A.A. Kenneth BaiLlieu Myer, D.S.C. Sir Harold Stanley Wyndham, C.B.E., Ed.D., M.A., Dip.Ed. National Librarian and Executive Officer Harold Leslie White, C.B.E., M.A., F.L.A.A. -
OF the GATE: Personal Stories by NGVR Soldiers Edited by Major Francis James ‘Bob’ Collins and Published by the NGVR and PNGVR Ex-Members Association Inc
Keepers OF THE GAT E New Guinea Volunteer Rifles: 1942 PHIL AINSWORTH This is an extract from KEEPERS OF THE GATE: Personal Stories by NGVR Soldiers Edited by Major Francis James ‘Bob’ Collins and published by the NGVR and PNGVR Ex-Members Association Inc. ISBN 978-0-9925855-7-0 Copies may be purchased from their website: https://pngvr.weebly.com/merchandise.html © NGVR and PNGVR Ex-Members Association Inc.—2016 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted, in any form or by any means, without the prior permission of the publishers: PAPUA NEW GUINEA ASSOCIATION OF AUSTRALIA Inc. www. pngaa.org It is well over seventy years since the New Guinea Volunteer Rifles (NGVR) was involved in WWII. 1942 was NGVR’s year, the year the unit was mobilised, fought and disbanded after it served its purpose. Although NGVR’s role was small, its importance cannot be appreciated without viewing it in a broader strategic way. PRIOR TO THE PACIFIC WAR, the Japanese wished to establish its own ‘sphere of influence’ or colonies in South East Asia; however, the western powers were critical of its aims. Thus Japan was in a situation of stalemate—the US initiated sanctions which Japan could not tolerate for nationalistic pride and economic reasons; it had to either bow to the western powers or aggressively progress its plan. The US was neutral and Japan thought if it could destroy the US Pacific Fleet and establish its South East Asian Economic Sphere of Co-posterity (SEASEC) swiftly, it would be able to negotiate a peaceable solution with the US, rather than go to war. -
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.