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Winterwinter June10june10 OL.Inddol.Indd 1 33/6/10/6/10 111:46:191:46:19 AMAM | Contents |
BBarNewsarNews WinterWinter JJune10une10 OL.inddOL.indd 1 33/6/10/6/10 111:46:191:46:19 AMAM | Contents | 2 Editor’s note 4 President’s column 6 Letters to the editor 8 Bar Practice Course 01/10 9 Opinion A review of the Senior Counsel Protocol Ego and ethics Increase the retirement age for federal judges 102 Addresses 132 Obituaries 22 Recent developments The 2010 Sir Maurice Byers Address Glenn Whitehead 42 Features Internationalisation of domestic law Bernard Sharpe Judicial biography: one plant but Frank McAlary QC several varieties 115 Muse The Hon Jeff Shaw QC Rake Sir George Rich Stephen Stewart Chris Egan A really rotten judge: Justice James 117 Personalia Clark McReynolds Roger Quinn Chief Justice Patrick Keane The Hon Bill Fisher AO QC 74 Legal history Commodore Slattery 147 Bullfry A creature of momentary panic 120 Bench & Bar Dinner 2010 150 Book reviews 85 Practice 122 Appointments Preparing and arguing an appeal The Hon Justice Pembroke 158 Crossword by Rapunzel The Hon Justice Ball The Federal Magistrates Court 159 Bar sports turns 10 The Hon Justice Nicholas The Lady Bradman Cup The Hon Justice Yates Life on the bench in Papua New The Great Bar Boat Race Guinea The Hon Justice Katzmann The Hon Justice Craig barTHE JOURNAL OF THE NSWnews BAR ASSOCIATION | WINTER 2010 Bar News Editorial Committee ISSN 0817-0002 Andrew Bell SC (editor) Views expressed by contributors to (c) 2010 New South Wales Bar Association Keith Chapple SC This work is copyright. Apart from any use as permitted Bar News are not necessarily those of under the Copyright Act 1968, and subsequent Mark Speakman SC the New South Wales Bar Association. -
Archbishop Sir James Duhig Memorial Lecture 7 August 2018
2981 THE UNIVERSITY OF QUEENSLAND ST LEO’S COLLEGE ARCHBISHOP SIR JAMES DUHIG MEMORIAL LECTURE 7 AUGUST 2018 ARCHBISHOP DUHIG, POPE FRANCIS AND THE LGBT FAITHFUL – A PROTESTANT ACKNOWLEDGMENT The Hon. Michael Kirby AC CMG THE UNIVERSITY OF QUEENSLAND ST LEO’S COLLEGE ARCHBISHOP SIR JAMES DUHIG MEMORIAL LECTURE 7 AUGUST 2018 ARCHBISHOP DUHIG, POPE FRANCIS AND THE LGBT FAITHFUL – A PROTESTANT ACKNOWLEDGMENT* The Hon. Michael Kirby AC CMG** INTRODUCTION It is a privilege to be asked to deliver the thirty ninth memorial lecture that honours the memory of Archbishop Sir James Duhig KCMG, the third Roman Catholic Archbishop of Brisbane (1917-1965). Most of my predecessors in the series have been Australians raised as Catholics, although John Howard, as Prime Minister, was, like me, a Protestant exception. Most of us derive our religious allegiance from our parents. We absorb its traditions, become aware of its liturgy and recognise its strengths and human failings. If we adhere to it, this Faith becomes a part of us, especially cherished because it reminds us of the precious years of childhood, our families and our educational experiences. Not only was I * Text for the author’s thirty ninth Duhig Lecture, delivered at St Leo’s College Brisbane, 7 August 2018. ** Justice of the High Court of Australia (1996-2009); Co-Chair of the International Bar Association’s Human Rights Institute (2018-). 1 not raised in the doctrines and traditions of the Catholic Church, I must confess that my upbringing contained elements of the hostile denominationalism that was still common in Australia in the middle of the last century. -
Inaugural Speeches in the NSW Parliament Briefing Paper No 4/2013 by Gareth Griffith
Inaugural speeches in the NSW Parliament Briefing Paper No 4/2013 by Gareth Griffith ACKNOWLEDGEMENT The author would like to thank officers from both Houses for their comments on a draft of this paper, in particular Stephanie Hesford and Jonathan Elliott from the Legislative Assembly and Stephen Frappell and Samuel Griffith from the Legislative Council. Thanks, too, to Lenny Roth and Greig Tillotson for their comments and advice. Any errors are the author’s responsibility. ISSN 1325-5142 ISBN 978 0 7313 1900 8 May 2013 © 2013 Except to the extent of the uses permitted under the Copyright Act 1968, no part of this document may be reproduced or transmitted in any form or by any means including information storage and retrieval systems, without the prior consent from the Manager, NSW Parliamentary Research Service, other than by Members of the New South Wales Parliament in the course of their official duties. Inaugural speeches in the NSW Parliament by Gareth Griffith NSW PARLIAMENTARY LIBRARY RESEARCH SERVICE Gareth Griffith (BSc (Econ) (Hons), LLB (Hons), PhD), Manager, Politics & Government/Law .......................................... (02) 9230 2356 Lenny Roth (BCom, LLB), Acting Senior Research Officer, Law ............................................ (02) 9230 3085 Lynsey Blayden (BA, LLB (Hons)), Research Officer, Law ................................................................. (02) 9230 3085 Talina Drabsch (BA, LLB (Hons)), Research Officer, Social Issues/Law ........................................... (02) 9230 2484 Jack Finegan (BA (Hons), MSc), Research Officer, Environment/Planning..................................... (02) 9230 2906 Daniel Montoya (BEnvSc (Hons), PhD), Research Officer, Environment/Planning ..................................... (02) 9230 2003 John Wilkinson (MA, PhD), Research Officer, Economics ...................................................... (02) 9230 2006 Should Members or their staff require further information about this publication please contact the author. -
John Joseph Cahill
The Honourable John Joseph Cahill The honorary degree of Doctor of Laws was conferred upon the Honourable John Joseph Cahill by the Chancellor Sir Charles Bickerton Blackburn at the ceremony of conferring of honorary degrees held on 29 August 1952 as part of the University of Sydney's Centenary celebrations. The Honourable John Joseph Cahill was Premier of New South Wales and Minister for Public Works and Local Government. photo from the Sydney Morning Herald, copies held by the University of Sydney Archives. Citation Presented by the Deputy Chancellor, the Honourable Mr Justice E D Roper: Mr Chancellor, John Joseph Cahill represents a lifetime of service in the State sphere within the Australian federal framework. Born a native son of Australia in 1891, in Redfern, adjacent to our University, he became an engineer and was actively associated with the Amalgamated Engineering Union. A member of the State Legislature since 1925, he has held a variety of offices, including the Deputy Premiership of New South Wales from 1949 to 1952 and subsequently the Premiership in this the senior State of the Commonwealth. Amongst his manifold achievements I quote his re-establishment of ship-building and brickworks as State enterprises, the first comprehensive town planning legislation, and the establishment of the State Electricity Authority to co-ordinate and develop electricity throughout the State. He has always, both as Minister and Premier, manifested an intense interest 'in the cause of education and in making available opportunities for any talented young Australian, however difficult the financial condition may have been in the family from which he or she came. -
Stephen Foster
STEPHEN FOSTER A private empire NOTES A PRIVATE EMPIRE NOTES These notes follow the text of A Private Empire, chapter by chapter. Page numbers appear in the left margin, preceded by #. Occasionally a note ascribed to a specific page also relates to the following page or pages. Much of the book is based on documents in the possession of Sir William Macpherson of Cluny, referred to in these notes as the Macpherson Collection. These include many letters, some of them original, some in draft form, and some repeated as both originals and drafts. Except where there is a particular reason to do so, I have not in these notes distinguished originals from drafts. 2 A PRIVATE EMPIRE ABBREVIATIONS # page number in A Private Empire q the number of a bundle or file in the Macpherson Collection, Blairgowrie nd no date M Macpherson AM in chapters 1 to 9 Allan Macpherson 1740–1816, ‘the Colonel’ AM in chapters 10 to 16 Allan Macpherson 1818–1891, ‘the squatter’ WM William Macpherson 1784–1866, ‘the clerk’ WCM William Charles Macpherson 1855–1936, ‘the scholar’ AW Allan Williams 1810–1896 Ossian James Macpherson 1736–1796 ADB Australian Dictionary of Biography BL British Library CO Colonial Office records in the National Archives, UK HRA Historical Records of Australia ODNB Oxford Dictionary of National Biography SLNSW State Library of New South Wales SMH Sydney Morning Herald Soldiering William Charles Macpherson, Soldiering in India 1764– 1787: extracts from journals and letters left by Lt. Colonel Allan Macpherson and Lt. Colonel John Macpherson of the East India Company’s service, Edinburgh, W.Blackwood, 1928 3 A PRIVATE EMPIRE 1 PORTRAITS #10 The case of Stephen Lawrence is well reported by Brian Cathcart, London, Penguin, 1999. -
Local Government (Areas) Act
LOCAL GOVERNMENT (AREAS) ACT. Act No. 30, 1948. An Act to unite the City of Sydney and certain areas and to constitute the united area as a city; to unite certain other areas or areas; and parts of areas and to constitute the united areas as municipalities; to recon stitute the Sydney County Council; to repeal the Sydney Corporation Act, 1932, and certain other Acts; to amend the Local Government Act, 1919, and certain other Acts in certain respects; and for purposes connected therewith. [Assented to, 3rd September, 1948.] E it enacted by the King's Most Excellent Majesty, B by and with the advice and consent of the Legis lative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :— PART I. PRELIMINARY. 1. (1) This Act may be cited as the "Local Government (Areas) Act, 1948." (2) This Act shall be read and construed with the Local Government Act, 1919, as amended by subsequent Acts. 2. This Act is divided into Parts as follows:— PART I.—PRELIMINARY. PART IT.—CONSTITUTION OF NEW AREAS. PART III.—CONSEQUENTIAL REPEALS AND AMEND MENTS. PART IV.—MISCELLANEOUS PROVISIONS. SCHEDULES. 3. 3. In this Act, unless the context or subject matter otherwise indicates or requires— "Appointed day" means the first day of January, one thousand nine hundred and forty-nine. "Principal Act" means the Local Government Act, 1919, as amended by subsequent Acts. "Schedule" means Schedule to this Act. PART II. CONSTITUTION OF NEW AREAS. DIVISION I.—Interpretation. 4. (1) In this Part of this Act— "Constituent area" means any area or part of an area specified or described in the first column of the First Schedule. -
Publications for David Clune 2020 2019 2018
Publications for David Clune 2020 Clune, D., Smith, R. (2019). Back to the 1950s: the 2019 NSW Clune, D. (2020), 'Warm, Dry and Green': release of the 1989 Election. Australasian Parliamentary Review, 34(1), 86-101. <a Cabinet papers, NSW State Archives and Records Office, 2020. href="http://dx.doi.org/10.3316/informit.950846227656871">[ More Information]</a> Clune, D. (2020). A long history of political corruption in NSW: and the downfall of MPs, ministers and premiers. The Clune, D. (2019). Big-spending blues. Inside Story. <a Conversation. <a href="https://theconversation.com/the-long- href="https://insidestory.org.au/big-spending-blues/">[More history-of-political-corruption-in-nsw-and-the-downfall-of-mps- Information]</a> ministers-and-premiers-147994">[More Information]</a> Clune, D. (2019). Book Review. The Hilton bombing: Evan Clune, D. (2020). Book review: 'Dead Man Walking: The Pederick and the Ananda Marga. Australasian Parliamentary Murky World of Michael McGurk and Ron Medich, by Kate Review, 34(1). McClymont with Vanda Carson. Melbourne: Vintage Australia, Clune, D. (2019). Book Review: "Run for your Life" by Bob 2019. Australasian Parliamentary Review, 34(2), 147-148. <a Carr. Australian Journal of Politics and History, 65(1), 146- href="https://www.aspg.org.au/wp- 147. <a href="http://dx.doi.org/10.1111/ajph.12549">[More content/uploads/2020/06/Book-Review-Dead-Man- Information]</a> Walking.pdf">[More Information]</a> Clune, D. (2019). Close enough could be good enough. Inside Clune, D. (2020). Book review: 'The Fatal Lure of Politics: The Story. <a href="https://insidestory.org.au/close-enough-could- Life and Thought of Vere Gordon Childe', by Terry Irving. -
John Curtin's War, Volume One: the Coming of War in The
SPRING / SUMMER 2017 VOL 32.2 John Curtin’s War, Volume One: the coming of war in the Pacific and reinventing Australia by John Edwards. Penguin Viking, 2018, 538 pp, RRP $50.00. David Clune Honorary Associate in the Department of Government and International Relations, University of Sydney _________________________________________________________________________ When lists of Australia’s greatest Prime Ministers are compiled, John Curtin is invariably at or near the top. He is something of a sentimental favourite: the man who waged a continuous, painful struggle against his personal demons; the physically and temperamentally ill-equipped wartime leader who triumphed against expectations; the tragic hero who died on the eve of victory. There have been two previous biographies of Curtin, neither completely satisfactory. Lloyd Ross’ 1977 book was a welcome start, but no more than that - certainly not in the same class as LF Crisp’s Ben Chifley. In 1999, David Day published a lengthy biography of Curtin. Day is a capable historian and indefatigable researcher who falls down in one area: readability. He compulsively and indiscriminately piles up every fact he uncovers, ultimately to stultifying effect. On the evidence of John Edwards’ first volume, Curtin may have at last received the biography he deserves. Certainly, Edwards wins in the good read stakes. He is an elegant stylist, adept at providing context and personal detail without letting it take control of the narrative. It is easy to become absorbed in this book, effortlessly turning page after page. The axis Edwards uses to tell Curtin’s story is that of Australia’s role in the Second World War and the dramatic changes to national security and identity that ensued. -
Inside the Canberra Press Gallery: Life in the Wedding Cake of Old
INSIDE the CANBERRA PRESS GALLERY Life in the Wedding Cake of Old Parliament House INSIDE the CANBERRA PRESS GALLERY Life in the Wedding Cake of Old Parliament House Rob Chalmers Edited by Sam Vincent and John Wanna THE AUSTRALIAN NATIONAL UNIVERSITY E PRESS E PRESS Published by ANU E Press The Australian National University Canberra ACT 0200, Australia Email: [email protected] This title is also available online at: http://epress.anu.edu.au National Library of Australia Cataloguing-in-Publication entry Author: Chalmers, Rob, 1929-2011 Title: Inside the Canberra press gallery : life in the wedding cake of Old Parliament House / Rob Chalmers ; edited by Sam Vincent and John Wanna. ISBN: 9781921862366 (pbk.) 9781921862373 (ebook) Notes: Includes bibliographical references and index. Subjects: Australia. Parliament--Reporters and Government and the press--Australia. Journalism--Political aspects-- Press and politics--Australia. Other Authors/Contributors: Vincent, Sam. Wanna, John. Dewey Number: 070.4493240994 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, electronic, mechanical, photocopying or otherwise, without the prior permission of the publisher. Cover design and layout by ANU E Press Back cover image courtesy of Heide Smith Printed by Griffin Press This edition © 2011 ANU E Press Contents Acknowledgments . vii Foreword . ix Preface . xi 1 . Youth . 1 2 . A Journo in Sydney . 9 3 . Inside the Canberra Press Gallery . 17 4 . Menzies: The giant of Australian politics . 35 5 . Ming’s Men . 53 6 . Parliament Disgraced by its Members . 71 7 . Booze, Sex and God . -
NSW and Gambling Revenue Briefing Paper No. 16/96
NSW PARLIAMENTARY LIBRARY RESEARCH SERVICE NSW and Gambling Revenue by John Wilkinson Briefing Paper No. 16/96 NSW PARLIAMENTARY LIBRARY RESEARCH SERVICE Dr David Clune (230 2484), Manager Ms Honor Figgis (230 2768) Research Officer, Law Dr Gareth Griffith (230 2356) Senior Research Officer, Politics and Government Ms Fiona Manning (230 3085) Research Officer, Law/Social Issues Mr Stewart Smith (230 2798) Research Officer, Environment Ms Marie Swain (230 2003) Research Officer, Law Mr John Wilkinson (230 2006) Research Officer, Economics ISSN 1325-5142 ISBN 0 7310 5957 3 © 1996 Except to the extent of the uses permitted under the Copyright Act 1968, no part of this document may be reproduced or transmitted in any form or by any means includin g information storage and retrieval systems, without the prior written consent from th e Librarian, New South Wales Parliamentary Library, other than by Members of the New South Wales Parliament in the course of their official duties. Should Members or their staff require further information about this publicatio n please contact the author. October 1997 Briefing Paper is published by the NSW Parliamentary Library CONTENTS EXECUTIVE SUMMARY 1. Introduction ................................................. .3 2. Previous Occurrences of Government Recourse to Revenue from Gambling ..................................... .4 3. The Expansion of Racing, Poker Machine Playing and Lotteries in NSW ..6 4. The Circumstances of Government Inclination towards Gambling as a Source of Revenue ................................ 14 5. Basic Economic and Financial Breakdown of Gambling, and Government Revenue from Gambling, in New South Wales ........16 6. The Expansion of NSW Government Revenue Raising from Gambling: By Category .............................21 7. -
2015 Journal
Journal of the Australian Catholic Historical Society Volume 36 2015 1 Bob Reece, The Invincibles: New Norcia’s aboriginal cricketers 1879-1906, reviewed by Rosa MacGinley, p 287 Odhran O’Brien, Martin Griver Unearthed reviewed by Clement Mulcahy, p 285 Wanda Skowronska, Catholic Converts Roy Williams, Post-God Nation?, from Down Under … And All Over, reviewed by James Franklin, p 308 reviewed by Robert Stove, p 301 2 Journal Editor: James Franklin ISSN: 0084-7259 Contact General Correspondence, including membership applications and renewals, should be addressed to The Secretary ACHS PO Box A621 Sydney South, NSW, 1235 Enquiries may also be directed to: [email protected] Executive members of the Society President: Dr John Carmody Vice Presidents: Prof James Franklin Mr Geoffrey Hogan Secretary: Dr Lesley Hughes Treasurer: Ms Helen Scanlon ACHS Chaplain: Fr George Connolly Cover image: Archbishop Mannix makes a regular visit to the Little Sisters of the Poor hostel for the aged, 1940s. Original image supplied by Michael Gilchrist. See book reviews, p 289 3 Journal of the Australian Catholic Historical Society Volume 36 2015 Contents Julia Horne, Political machinations and sectarian intrigue in the making of Sydney University. 4 Peter Cunich, The coadjutorship of Roger Bede Vaughan, 1873-77. 16 Cherrie de Leiuen, Remembering the significant: St John’s Kapunda, South Australia .......................................................43 Lesley Hughes, The Sydney ‘House of Mercy’: The Mater Misericordiae Servants’ Home and Training School, -
Individual and Organizational Donors
INDIVIDUAL AND ORGANIZATIONAL Mr. Saumya Nandi and Ms. Martha Delgado Edward & Rose Donnell Foundation Dr. Tim D. Noel and Mrs. Joni L. Noel Mr. and Mrs. John A. Edwardson DONORS Orange Crush, LLC Ms. Amberlynne Farashahi Park Avenue Financial Group Trust Mr. and Mrs. Blair Farwell $100,000 and above Mr. and Mrs. Mark J. Parrell The Field Foundation of Illinois Anonymous (4) The Pritzker Pucker Family Foundation Fortune Brands, Inc. Bank of America Mr. Richard Proulx Franklin Philanthropic Foundation BlackEdge Capital Bruce and Diana Rauner Mr. Philip M. Friedmann The Chicago Community Trust The Regenstein Foundation Futures Industry Association Feeding America Mr. and Mrs. Bradley S. Reid Garvey's Office Products Ms. Susan E. Grabin The Rhoades Foundation GCA Services Group, Inc. Hardison Family Foundation Mr. and Mrs. James H. Roth General Iron Industries Charitable Foundation Mr. and Mrs. Raymond L. Harriman Roundy's Foundation Dr. Glenn S. Gerber and Ms. Linda S. Schurman Hillshire Brands Foundation The Satter Family Foundation Gethsemane United Church of Christ Daniel Haerther Living Trust Mr. and Mrs. Travis Schuler Mr. and Mrs. Brent Gledhill Mr. Albert F. Hofeld Mrs. Rose L. Shure Goldberg Kohn, Ltd. Mr. Michael L. Keiser and Mrs. Rosalind Keiser Julie and Brian Simmons Foundation Golub & Company Kraft Foods Group Foundation SmithBucklin Corporation Google, Inc. Ann Lurie Revocable Trust The Smogolski Family 2008 Mr. and Mrs. Andrew M. Gore Polk Bros. Foundation Charitable Lead Trust W.W. Grainger, Inc. Share Our Strength The Telos Group LLC Grand Kids Foundation Mr. William R. Shepard Stanley and Lucy Lopata Charitable Foundation Ms.