NEWSLETTER [2021] No. 5 l 2 8 May 2021 Welcome to the fifth Newsletter for 2021. committee. The committee has met to plan how we may First Nations Scholarship implement this scheme. The details of this inaugural award are on the website. The idea is to establish a system whereby (generally) The second phase of the project was to find a Fellow junior academics may spend a day or two with a judge as mentor for the winner and Fellows as mentors for to gain, or renew, firsthand experience of how a court the other shortlisted applicants. This has been runs. Chief Justices and other heads of jurisdiction achieved. There is also a mentor for each of the other will need to be consulted. applicants. I am most grateful to those who have A proposal for a pilot scheme will go before the volunteered. It should be a rewarding experience, on Board shortly. both sides. 2021 AAL Essay Prize Forthcoming Events Please bring this competition to the attention of Dinner in Hobart, Tasmania, Thursday 10 June anyone who may be interested in submitting an essay. 2021 at 7 PM Fellows (other than Directors) may wish to If you will be in Hobart on 10 June 2021 and wish to participate themselves. attend, please notify the Secretariat as soon as Each year since the Essay Prize was established in possible: [email protected] 2015, the winning essay has been published in the Partners are invited. Australian Law Journal. The format will be an after-dinner speech by the new The essay topic for this year is: Dean of the Faculty of Law of the University of “Outstanding fundamental issues for First Nations Peoples in Tasmania, Professor Michael Australia: what can lawyers contribute to the current debates Stuckey. He has an interest in and their resolution? legal history. Note: ‘Outstanding fundamental issues’ may include, but are The venue is Me Wah Restaurant, not limited to, constitutional recognition, treaty or bijuralism.” 16 Magnet Court, Sandy Bay, Professor Michael Stuckey Hobart, for 7 PM. This year, the AAL has broadened eligibility to submit an essay by reverting to the original entry Queensland event – 14 July 2021 at 5:30 PM rules. The title for this event is “Mrs Chester’s lost child: inconsolable psychological injury and Evatt J’s finest The Prize is $10,000. The deadline for the submission judgment.” of an essay is 31 August 2021. More detail is on the Mr Gideon Haigh and Associate website. Professor Kylie Burns will be the A scheme whereby academics may speakers. spend a day or two with a judge Mr Haigh’s latest book, The The Hon Kevin Lindgren AM QC, Justice David Brilliant Boy: Doc Evatt and the Mossop, Justice Robert Beech-Jones, Professor Les Great Australian Dissent is to be McCrimmon, Professor Alison Gerard and Dr John published on 7 July 2021 by Lowndes OAM have agreed to be members of the Simon & Schuster Australia. AAL Newsletter [2021] No. 5 dated 28 May 2021 Professor Burns is a torts scholar. She is widely Roundtable in Sydney, NSW – 4 August 2021 recognised as a torts and personal injury researcher, On Wednesday 4 August 2021, a Roundtable on teacher and speaker. She is a co-author of the leading insolvency will be held in Sydney. This session is text Torts: Cases and Commentary. Her focus will be on proposed to be jointly hosted by the Australian how the law approaches psychological trauma. Academy of Law and the Ross Parsons Centre of the The venue will be the Banco Court, Supreme Court University of Sydney. The format will be that all of Queensland, Queen Elizabeth II Courts of Law Fellows are invited, and there will be a few specific building, 415 George St, Brisbane, with a Zoom live- invitations to non-Fellows to attend. stream. The working title is: "The roles of the state and the private The event follows the very successful August 2020 profession in the insolvency system: do we have the right Queensland occasion, “Celebrating Samuel Griffith”. balance?" Justice Peter Applegarth will again be the chair. I Mr Michael Murray and Professor Jason Harris will thank him and the staff of the Supreme Court Library present a paper. The presenters are the joint authors Queensland for their work in organising this event. of Keay’s Insolvency: Personal and Corporate Law and Please put it in your diary, 14 July 2021 at 5:30 PM. Practice (11th ed pending). Refreshments will be served after the event. The venue is the Federal Court Level 20 (small) AAL and Law Council of Australia joint event, 5 conference room, Queens Square, Sydney. The room PM on Thursday, 15 July 2021 will be set up with 25 chairs around the table. Class Actions: Capital, Regulation, and the Public Interest I am grateful to Chief Justice Allsop for making this The venue for this event will be the Ceremonial Court room available. on Level 21, Law Courts Building, Queens Square, Fellows are invited to register for this event here. Sydney and the Conference room on Level 20 (for Tax event – 40 years of Part IVA of the Income refreshments). I thank Chief Justice Allsop for Tax Assessment Act 1936 – 8 September 2021 making the venue available. At the suggestion of Fellow Mr Peter Walmsley, I am grateful to John Sheahan QC for agreeing to Deputy Chief Tax Counsel of the ATO, and Kevin chair it. The speakers will be Justin Gleeson SC, Lindgren AM QC the AAL is organising an event to Rebecca Gilsenan, Principal, Maurice Blackburn mark the fortieth anniversary of the commencement Lawyers, Susanna Taylor, Investment Manager of of this general anti-avoidance provision, Part IVA. Litigation Capital Management (LCM), and Jason Betts, Partner, Herbert Smith Freehills. The event will be held on Wednesday 8 September 2021 at 5 PM. It will be a “live” event in Sydney but Class actions have been the subject of recent also with online access. attention by Parliaments, the executive, law reform commissions and the courts, including two recent The speakers will be: High Court decisions. Much of this attention has The Hon AM Gleeson AC QC, formerly Chief focused on how class actions are funded, and the Justice of Australia consequences of funding being available. Significant The Hon Tony Pagone QC, formerly a Judge of the differences of view may be emerging as to how the Federal Court of Australia and of the Supreme Court public interest is best advanced when it comes to of Victoria, author of Tax Avoidance in Australia, The regulating class actions themselves, and the means by Federation Press, 2010. which the capital necessary to conduct them is made available. This seminar will take a deeper look at these Professor Miranda Stewart, Professor of Law at the issues. University of Melbourne Law School where she is Director of the Tax Group; Fellow at the Tax and Please put it in your diary, 15 July 2021 at 5 PM. Transfer Policy Institute at the Crawford School of Refreshments will be served after the event. The flyer Public Policy, the Australian National University. is here. AAL Newsletter [2021] No. 5 dated 28 May 2021 Ms Kristen Deards SC, who has an extensive taxation other common issues arising from the operation of practice, including appearing in complex Part IVA intermediate courts of appeal. It should be a unique cases. and interesting occasion. The topics so far identified are: I will include more detail in the next Newsletter. • the circumstances in 1981 and preceding it; Joint event with the Australian Law Journal and and the Australasian Institute of Judicial Administration – August 2023 • developments in Part IVA since 1981 – including the international aspects leading to In light of some important national legal some important developments in the last bicentenaries, a 2 or 3 day joint event with the decade; Australian Law Journal and the Australasian Institute • reforms to some of the key elements. of Judicial Administration (AIJA) is planned for August 2023. Mr Walmsley will provide an overview. The Hon Kevin Lindgren AM QC will chair the event. Examples of those legal bicentenaries are, for New South Wales, the Third Charter of Justice An event the Victoria organising committee is promulgated on 13 October 1823 establishing the planning for September 2021. Supreme Court and, for Tasmania, the first sitting of The event will focus on the legal issues associated the Supreme Court of Van Diemen’s Land on 10 May with treaty processes and the recently-announced 1824. I thank Justice François Kunc for this initiative. Yoo-rrook Justice (Truth-telling) Commission in Professor David Barker and Justice Geoff Lindsay Victoria. Justice Mark Moshinsky is chairing the have also agreed to be on the subcommittee, as has committee with The Hon Pamela Tate SC, Professor Fellow Justice Steven Rares, as President of the AIJA. Bee Chen Goh and Professor Duncan Bentley being At least one further volunteer, preferably from the other members. Potential speakers have been Tasmania, is needed. approached. The working title is “Enduring courts in changing times”. Patron’s address – October 2021 The planning for this event is underway. This year it The working purpose is to discuss what we can learn is to be held in Melbourne in October. from the past and what we should do in the future. Potential topics include: 2021 AGM The AGM will be held in Melbourne this year, • International perspectives on common law immediately before the Patron’s address. courts (Australia, New Zealand, Canada, the United States, and the United Kingdom) The annual joint event with the Australian • Indigenous people and the courts Academy of Science.