VICTORIAN BAR NEWS

No. 127 ISSN 0159-3285 SUMMER 2003

Farewell Chief Justice Phillips

Welcome: , Chief Justice of Farewell: Chief Justice Phillips Obituary: Robert Chisholm Webster 100th Anniversary of the of The High Court and the Death Penalty: Looking Back, Looking Forward Deciding to Kill: Jurors in Capital Trials Australian Detainees at Guantanamo Bay: Legal Twilight Zone or Black Hole? Appointment of Senior Counsel Brian Bourke Talks About 50 Years in the Law First Tenants Move Into Refurbished ODC East The Victorian Bar and its Control of the Defence Force Legal System Criminal Bar Association Dinner Irish Australian Legal Links The Society Murders Book Launch Give the Barrister a Chance “Bar None” Wins 4-3 Over LIV at State Hockey Centre your indispensible guide to Equity Restitution & Fraud DR JOHN GLOVER BA, LLB (MELB), BCL (OXON), PHD (MON) New Book!

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Issues that are discussed include the pre-eminent actions for breach of a fiduciary relationship, unconscionability and breaches of confidence, which allow the remedial benefits of equity to intervene and mediate the rigours of the common law.

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Contents include: Table of Cases Table of Statutes Introduction Existence of Fiduciary Relationships Scope of the Relationship Breach of Fiduciary Duty Unconscientious Dealings, Undue Influence and Associated Doctrines Breach of Confidence Remedies Against Primary Wrongdoers Remedies Against Third Parties Index

To order, simply call our Customer Relations Department on 1800 100 161 VICTORIAN BAR NEWS

No. 127 SUMMER 2003

Contents EDITORS’ BACKSHEET 5 Exclusionary Behaviour at the Bar CHAIRMAN’S CUPBOARD 7 A Year of Change — and More to Come ATTORNEY-GENERAL’S COLUMN 10 Substantial Investments in Victoria’s Court Infrastructure Reiewed Welcome: Chief Farewell: Chief Obituary: Robert WELCOMES Justice Warren Justice Phillips Chisholm Webster 12 Chief Justice of Victoria, Marilyn Warren welcomed at a Ceremonial Sitting held in the Banco Court, 1 December 2003 FAREWELL 17 Chief Justice Phillips OBITUARY 19 Robert Chisholm Webster PRACTICE NOTE 21 Legal Practice Act 1996 ETHICS COMMITTEE 30 Ethics Committee Bulletins ARTICLES 32 100th Anniversary of the Appointment of Senior Counsel Refurbishment of 34 The High Court and the Death Penalty: Looking ODC East Back, Looking Forward 40 Deciding to Kill: Jurors in Capital Trials 44 Australian Detainees at Guantanamo Bay: Legal Twilight Zone or Black Hole? NEWS AND VIEWS 48 Appointment of Senior Counsel 49 Verbatim 50 Brian Bourke Talks About 50 Years in the Law 56 First Tenants Move Into Refurbished ODC East 58 The Victorian Bar and its Control of the Defence Force Legal System 60 Criminal Bar Association Dinner 62 Irish Australian Legal Links 66 A Bit About Words/Death Sentence 68 The Society Murders Book Launch Brian Bourke Talks About 50 Years in Criminal Bar 70 Give the Barrister a Chance the Law Association Dinner SPORT/BAR HOCKEY 71 ‘Bar None’ Wins 4–3 over LIV at State Hockey Centre, 23 October 2003 LAWYER’S BOOKSHELF 73 Books Reviewed 74 CONFERENCE UPDATE

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