Isaac Isaacs – a Sesquicentenary Reflection
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Xerox University Microfilms
INFORMATION TO USERS This material was produced from a microfilm copy of the original document. While the most advanced technological means to photograph and reproduce this document have been used, the quality is heavily dependent upon the quality of the original submitted. The following explanation of techniques is provided to help you understand markings or patterns which may appear on this reproduction. 1. The sign or "target” for pages apparently lacking from the document photographed is "Missing Page(s)". If it was possible to obtain the missing page(s) or section, they are spliced into the film along with adjacent pages. This may have necessitated cutting thru an image and duplicating adjacent pages to insure you complete continuity. 2. When an image on the film is obliterated with a large round black mark, it is an indication that the photographer suspected that the copy may have moved during exposure and thus cause a blurred image. You will find a good image of the page in the adjacent frame. 3. When a map, drawing or chart, etc., was part of the material being photographed the photographer followed a definite method in "sectioning” the material. It is customary to begin photoing at the upper left hand corner of a large sheet and to continue photoing from left to right in equal sections with a small overlap. If necessary, sectioning is continued again — beginning below the first row and continuing on until complete. 4. The majority of users indicate that the textual content is of greatest value, however, a somewhat higher quality reproduction could be made from "photographs" if essential to the understanding of the dissertation. -
Edmund Barton and the 1897 Federal Convention
The Art of Consensus: Edmund Barton and the 1897 Federal Convention The Art of Consensus: Edmund Barton and the 1897 Federal Convention* Geoffrey Bolton dmund Barton first entered my life at the Port Hotel, Derby on the evening of Saturday, E13 September 1952. As a very young postgraduate I was spending three months in the Kimberley district of Western Australia researching the history of the pastoral industry. Being at a loose end that evening I went to the bar to see if I could find some old-timer with an interesting store of yarns. I soon found my old-timer. He was a leathery, weather-beaten station cook, seventy-three years of age; Russel Ward would have been proud of him. I sipped my beer, and he drained his creme-de-menthe from five-ounce glasses, and presently he said: ‘Do you know what was the greatest moment of my life?’ ‘No’, I said, ‘but I’d like to hear’; I expected to hear some epic of droving, or possibly an anecdote of Gallipoli or the Somme. But he answered: ‘When I was eighteen years old I was kitchen-boy at Petty’s Hotel in Sydney when the federal convention was on. And every evening Edmund Barton would bring some of the delegates around to have dinner and talk about things. I seen them all: Deakin, Reid, Forrest, I seen them all. But the prince of them all was Edmund Barton.’ It struck me then as remarkable that such an archetypal bushie, should be so admiring of an essentially urban, middle-class lawyer such as Barton. -
Review Essay Open Chambers: High Court Associates and Supreme Court Clerks Compared
REVIEW ESSAY OPEN CHAMBERS: HIGH COURT ASSOCIATES AND SUPREME COURT CLERKS COMPARED KATHARINE G YOUNG∗ Sorcerers’ Apprentices: 100 Years of Law Clerks at the United States Supreme Court by Artemus Ward and David L Weiden (New York: New York University Press, 2006) pages i–xiv, 1–358. Price A$65.00 (hardcover). ISBN 0 8147 9404 1. I They have been variously described as ‘junior justices’, ‘para-judges’, ‘pup- peteers’, ‘courtiers’, ‘ghost-writers’, ‘knuckleheads’ and ‘little beasts’. In a recent study of the role of law clerks in the United States Supreme Court, political scientists Artemus Ward and David L Weiden settle on a new metaphor. In Sorcerers’ Apprentices: 100 Years of Law Clerks at the United States Supreme Court, the authors borrow from Johann Wolfgang von Goethe’s famous poem to describe the transformation of the institution of the law clerk over the course of a century, from benign pupilage to ‘a permanent bureaucracy of influential legal decision-makers’.1 The rise of the institution has in turn transformed the Court itself. Nonetheless, despite the extravagant metaphor, the authors do not set out to provide a new exposé on the internal politics of the Supreme Court or to unveil the clerks (or their justices) as errant magicians.2 Unlike Bob Woodward and Scott Armstrong’s The Brethren3 and Edward Lazarus’ Closed Chambers,4 Sorcerers’ Apprentices is not pitched to the public’s right to know (or its desire ∗ BA, LLB (Hons) (Melb), LLM Program (Harv); SJD Candidate and Clark Byse Teaching Fellow, Harvard Law School; Associate to Justice Michael Kirby AC CMG, High Court of Aus- tralia, 2001–02. -
Tractatenblad
1 (1945) No. 2 TRACTATENBLAD VAN HET KONINKRIJK DER NEDERLANDEN JAARGANG 1951 No. 45 Overgelegd aan de Staten-Generaal door de Minister van Buitenlandse Zaken A. TITEL Handvest der Verenigde Naties; San Francisco, 26 Juni 1945 B. TEKST De Engelse tekst (en vertaling in het Nederlands) van het Handvest is afgedrukt in Staatsblad No. F 321. (c.-G. Zie Tractatenblad 1951 No. 44). J. GEGEVENS De Veiligheidsraad van de Verenigde Naties heeft op 30 Maart 1951 met 8 stemmen vóór (waaronder Nederland) en 2 onthoudingen een resolutie inzake de India-Pakistan kwestie („Kashmir") aange- nomen, waarvan de Engelse tekst luidt als volgt (N.V. signatuur No. S/00): Having received and noted the report of Sir Owen Dixon, the United Nations Representative for India and Pakistan, on his mission initiated by the Security Council resolution of 14 March 1950; Observing that the Governments of India and Pakistan have ac- cepted the provisions of the United Nations Commission for India and Pakistan resolutions of 13 August 1948 and 5 January 1949; and have re-affirmed their desire that the future of the State of Jammu and Kashmir shall be decided through the democratic method of a free and impartial plebiscite conducted under the auspices of the United Nations; Observing that on 27 October 1950 the General Council of the "'All Jammu and Kashmir National Conference" adopted a resolution recommending the convening of a Constituent Assembly for the pur- pose of determining the "Future shape and affiliations of the State of Jammu and Kashmir"; observing further from -
Personal Injury Law 2011
Event pricing (please tick your selection) EXAMPLE One day conference 1 $ 900 + GST = $ 990 $990 Personal Injury Law 2011 Essential strategies and case law updates for assessing and managing injury claims 16 November 2011, The Grace Hotel Sydney 23 November 2011, Stamford Plaza Melbourne Speakers Sydney: • The Honourable Justice Margaret Beazley AO, New Program highlights South Wales Court of Appeal • Richard Seton SC, Barrister, Maurice Byers Chambers • Interpretation of Section 5D of the Civil Liability Act in Personal Injury Cases • Kellie Edwards, Barrister, Denman Chambers • Raj Kanhai, Long Tail Claims Manager, QBE Insurance • Psychological injuries in workers compensation claims • Colin Purdy, Barrister, Edmund Barton Chambers • Managing claims and approaching dispute resolution in • Gaius Whiffin, Partner, Turner Freeman the current environment: an insurer’s perspective • Liability of principal contractors Melbourne: • His Honour Judge Philip Misso, County Court of • Personal Injury and the regulator Victoria • Assessing damages for catastrophic injury: key • Dorothy Frost, Director-Return to Work Division, considerations and recent trends WorkSafe Victoria • Disease provisions in workers’ claims • Raj Kanhai, Long Tail Claims Manager, QBE Insurance • Identifying the evidence needed to successfully bring • Anne Sheehan, Barrister, Douglas Menzies Chambers medical negligence claims • Jacinta Forbes, Barrister, Owen Dixon Chambers East • Sasha Manova, Barrister, Isaacs Chambers Claim 6 CPD/MCLE points Product of: Early bird discount -
The Doctrine of Implied Intergovernmental Immunities: a Recrudescence? Thomas Dixon*
The Doctrine of Implied Intergovernmental Immunities: A Recrudescence? Thomas Dixon* The essential and distinctive feature of “a truly federal government” is the preservation of the separate existence and corporate life of each of the component States concurrently with that of the national government. Accepting that a number of polities are contemplated as coexisting within a federation does not, however, address the fundamental question of how legislative and executive powers are to be allocated among the constituent constitutional units inter se, nor the extent to which the various polities are immune from interference occasioned by their constitutional counterparts. These “federal” questions are fundamental as they ultimately define the prism through which one views the Constitution. Shifts in the lens have resulted in significant ramifications for intergovernmental relations. This article traces the development of the Melbourne Corporation doctrine in Australia, and undertakes a comparative analysis with the development of the cognate jurisprudence in the United States. Analysis is undertaken of the major Australian industrial relations decisions, such as the Amalgamated Society of Engineers v Adelaide Steamship Co Ltd, Re Australian Education Union; Ex parte Victoria, Queensland Electricity Commission v Commonwealth, and United Firefighters Union of Australia v Country Fire Authority, in this context. But one of the first and most leading principles on which the commonwealth and the laws are consecrated, is left the temporary possessors -
Macquarie Uni Sir Edward Mctiernan a Ninetieth Year Memoir
318 MACQUARIE UNIVERSITY AUSTRALIAi''!AUSTRALLfu~ JOURNAL OF LAW AND SOCIETY SIR Em:ARD McTIEKll\NMcTlEKll\N A NINI NET! ETH YEAR MEMOMEHO IRI R The Hon. Mr ..Justice M.D. Kirby Chairman of the Australian Law Reform Conunission March 1982 ------------------- MACQU ARIE UNIVERSITY . AUSTRALIAN JOURNAL OF LAW AND SOCIETY SIR EDWARD McTIERNAN: A NINETIETH YEAR MEMOIR The Hon. Mr. Justice M.D. Kirby * Chairman of the Australian Law Reform Commission THE CULT OF JUDICIAL PERSONALITY The creation of the High Court of Australia as a Federal supreme court at the 8!?eXB!?eX of the Australian judicial system and the appointrn ent to the Court of a small number of lawyers -inevitably attracts attention to the personalities of its members. Generations of lawyers have s[?ent-s[!ent- countless hours analysing the written words emanating from the High Court in the pages of the Commonwealth Law Reports. Vigorous speculation, now spilling over to the public press, attends the apDointment of new Justices. Great national controversy attended the retirement of Sir Garfield Barwick as Chief Justice and the appointment 'of his successor. I The r~tirement of Sir Ninian Stephen to accept appointment to the office of Governor-General of Australia from July 1981 likewise sparked a controversy which is current at this time of writing. In the public media, betting odds are offered on the chances of prospective candidates for appointment, the names of the haplesshal?less alternatives, and their comparative professional distinctions being reduced to the mathematical equation of some unnamed speCUlator'ssl?eculator's fancy. Endless hours of gossip have engaged succeeding decades of Australian lawyers concerning the personality, performance, te~perament and judicial attitudes of the Justices of the High Court. -
Papers of Sir Edmund Barton Ms51
NATIONAL LIBRARY OF AUSTRALIA PAPERS OF SIR EDMUND BARTON MS51 Manuscript Collection 1968-70, 1996 and last amended 2001 PAPERS OF EDMUND BARTON MS51 TABLE OF CONTENTS Overview 3 Biographical Note 6 Related Material 8 Microfilms 9 Series Description 10 Series 1: Correspondence 1827-1921 10 Series 2: Diaries, 1869, 1902-03 39 Series 3: Personal documents 1828-1939, 1844 39 Series 4: Commissions, patents 1891-1903 40 Series 5: Speeches, articles 1898-1901 40 Series 6: Papers relating to the Federation Campaign 1890-1901 41 Series 7: Other political papers 1892-1911 43 Series 8: Notes, extracts 1835-1903 44 Series 9: Newspaper cuttings 1894-1917 45 Series 10: Programs, menus, pamphlets 1883-1910 45 Series 11: High Court of Australia 1903-1905 46 Series 12: Photographs (now in Pictorial Section) 46 Series 13: Objects 47 Name Index of Correspondence 48 Box List 61 2 PAPERS OF EDMUND BARTON MS51 Overview This is a Guide to the Papers of Sir Edmund Barton held in the Manuscript Collection of the National Library of Australia. As well as using this guide to browse the content of the collection, you will also find links to online copies of collection items. Scope and Content The collection consists of correspondence, personal papers, press cuttings, photographs and papers relating to the Federation campaign and the first Parliament of the Commonwealth. Correspondence 1827-1896 relates mainly to the business and family affairs of William Barton, and to Edmund's early legal and political work. Correspondence 1898-1905 concerns the Federation campaign, the London conference 1900 and Barton's Prime Ministership, 1901-1903. -
John Latham in Owen Dixon's Eyes
Chapter Six John Latham in Owen Dixon’s Eyes Professor Philip Ayres Sir John Latham’s achievements are substantial in a number of fields, and it is surprising that, despite the accessibility of the Latham Papers at the National Library, no-one has written a biography, though Stuart Macintyre, who did the Australian Dictionary of Biography entry, has told me that he had it in mind at one stage. Latham was born in 1877, nine years before Owen Dixon. As a student at the University of Melbourne, Latham held exhibitions and scholarships in logic, philosophy and law, and won the Supreme Court Judges’ Prize, being called to the Bar in 1904. He also found time to captain the Victorian lacrosse team. From 1917 he was head of Naval Intelligence (lieutenant-commander), and was on the Australian staff at the Versailles Peace Conference. Latham’s personality was rather aloof and cold. Philosophically he was a rationalist. From 1922-34 he was MHR for the Victorian seat of Kooyong (later held by R G Menzies and Andrew Peacock), and federal Attorney-General from 1925-29 in the Nationalist government, and again in 1931–34 in the Lyons United Australia Party government. In addition he was Deputy Prime Minister and Minister for External Affairs from 1931-34. He resigned his seat and was subsequently appointed Chief Justice of the High Court (1935-52), taking leave in 1940-41 to go off to Tokyo as Australia’s first Minister to Japan. Latham was a connoisseur of Japanese culture. He fostered a Japan-Australia friendship society in the 1930s, and in 1934 he led an Australian diplomatic mission to Japan, arranging at that time for the visit to Australia of the Japanese training flotilla. -
Referendum - the Australian Way
THE SEVENTH SIR JOHN QUICK BENDIGO LECTURE REFERENDUM - THE AUSTRALIAN WAY THE RT HON SIR NINIAN STEPHEN SIR JOHN QUICK LECTURE 11 OCTOBER 2000 LA TROBE UNIVERSITY, BENDIGO ISSN 1325 - 0787 The publication of the Year 2000 Lecture is generously supported by Robertson HYETTS Solicitors, Molesworth Chambers, 51 Bull Street, Bendigo. Sir John Quick was a partner in the Bendigo law firm, Quick Hyett and Rymer, later Quick and Hyett, from 1890 to 1912. From 1891 the firm practised from premises at 51 Bull Street. Robertson Hyetts are proud to be associated with the Sir John Quick Lecture. REFERENDUM - THE AUSTRALIAN WAY THE RT HON SIR NINIAN STEPHEN When asked to give this Sir John Quick Lecture I immediately thought of s.128 of our Constitution and its referendum procedure, so closely associated with John Quick, whose memory this series of lectures honours. The most intriguing thing about the Australian form of Constitutional referendum is surely how we ever came to have it formally written into our constitution. In 1900 the referendum was not only a very rare feature of constitutions world wide; it was directly opposed to the principle of representative democracy which Australia had inherited from Britain and which before federation was accepted by all six of the Australian colonies as the normal and very traditional form of government. It was that principle which Edmund Burke described when, in his speech to the electors of Bristol in 1774, he said "you choose a member indeed; but when you have chosen him, he is not a member of Bristol, but he is a Member of Parliament". -
RESOLUTIONS ADOPTED and DECISIONS TAKEN by the SECURITY COUNCIL in 1951 Rltsolutions Adoptl&S ET Dlbx3ions PRISES PAR LE
RESOLUTIONS ADOPTED AND DECISIONS TAKEN BY THE SECURITY COUNCIL IN 1951 RltSOLUTIONS ADOPTl&S ET DlbX3IONS PRISES PAR LE CONSEIL DE SlkURITl? EN 1951 Part 1. Questions consiakred by the Security Council 1 Prend~re partie. Questions examin&es par k Conseil under its responsibii’ity for the maintenance of / de sécurité en tant qu’organe responsable du maintien internationalpeace and security de la paix et de la shritk internationak?s COMPLAlNT OF AGGRESSION UPON THE / PLAINTE POUR AGRESSION REPURLlC OF KOREAl CONTRE LA REPUBLIQUE DE COREE l 90 (1951). Resolution of 31 January 1951 90 (1951). Résolution du 31 janvier 1951 [S/1995] P/19951 The Security Council Le Conseil de sécurité Resolves to remove the item “Complaint of aggression Décide de retirer la question intitulée (( Plainte pour upon the Republic of Korea” from the list of matters of agression contre la Rt5publique de Corée » de la liste which the Council is seized. des questions dont le Conseil de sécurité! est saisi. Adopted unanimously at the Adopt&e d l’unanimité d la 531sîmeeting. 53P 5Cancc. THE INDIA-PAKISTAN QUESTION 2 l LA QUESTION lNDE-PAKlSTAN a 91 (1951). Resolution of 30 March 1951 91 (1951). Résolution du 30 mare 1951 [S/2017/Rev. l] [S/2017/Rev.l] l%e Security Council, Le Conseil de sécurité, Having received and noted the report of Sir Owen Dixon, Ayant rep le,rapport de sir Owen Dixon, rept&entant 1 Resolutionsor decisionson this questionwere also adopted ! 1 Questionayant fait l’objet de rklutions ou dksions de la by the Council in 1950. -
Two Countries Two Systems Anglo Australasian Lawyers' Society Chief Justice Robert French AC 9 September 2016, London
Vive la difference — two countries two systems Anglo Australasian Lawyers' Society Chief Justice Robert French AC 9 September 2016, London The United Kingdom and Australia have deep historical and constitutional connections and much in common in their culture and legal systems. However, there are important differences. Each is, with respect to the other, a foreign country. How that all came to be is part of the story of Australia's evolving nationhood. I say 'evolving nationhood' because even though 1 January 1901 was the birth date of the Commonwealth it did not mean that Australia sprang into existence fully formed as an independent nation in the global community of nations. Sir Owen Dixon, in an article published in the Law Quarterly Review in 1935, expressed the general view of our Constitution: It is not a supreme law purporting to obtain its force from the direct expression of a peoples' inherent authority to constitute a government. It is a statute of the British Parliament enacted in the exercise of its legal sovereignty over the law everywhere in the King's Dominions.1 Even after the Australian Constitution came into existence, the British Parliament retained legal sovereignty over Australia. The Colonial Laws Validity Act 1865 (Imp), another Imperial Act, continued in force. It provided for the invalidation of any colonial legislation which was repugnant to a British law applying to the colony by paramount force.2 In 1979, three Justices of the High Court in China Ocean Shipping Co v South Australia3 looked back and described the Australia of 1901 as a self-governing colony lacking political and constitutional independence.4 For nearly three decades after the Commonwealth came into existence, its executive power was not exercised as that of an independent nation in 1 Owen Dixon, 'The Law and the Constitution' (1935) 51 Law Quarterly Review 590, 597.