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Cover photo: Andrew QuiltyCourtroom tactician, devastating in reply, intimidating and intense. Murray Gleeson has been described as many things, but his grim work persona gave him the label that stuck - The Smiler.Born in a small country town in NSW, Gleeson became the nation's top barrister and its leading judge. In a legal career spanning over 50 years, he had a ringside seat for political, legal and social events that shaped Australia - the final separation from Mother England, legalised abortion, the dismissal of the Whitlam government, the Tasmanian Dams Case, the Fine Cotton substitution, the scandalous attack on Justice Michael Kirby, the war on terrorism, prisoners' right to vote and the detention of refugees.The Smiler draws on more than 100 interviews with the man himself and his family, friends and judicial colleagues, including those who sat with him on the High Court. It is an unprecedented insight into a legend of the Australian legal system.In the media...The life of 'Smiler' Murray Gleeson, Michael Sexton, SMH_ 4 July 2014 Read article...The essence of good judgment, Janet Albrechtsen, The Australian_18 June 2014 Read article...Michael Pelly on 891 ABC Adelaide with Ian Henschke_16 June 2014 Listen to interview...Smiles and stares, Richard Ackland, The Saturday Paper_14 June 2014 Read article...Inside the Heffernan disaster, The Australian_6 June 2014 Read extract...Michael Pelly on 702 Drive with Richard Glover_2 June 2014 Listen to interview...Hughes appointment set an alarming precedent, Chris Merritt, The Australian_30 May 2014 Read article...The day Gaudron put Chief Justice in his place, The Australian_30 May 2014 Read extract...Book on Murray Gleeson sheds light on Fine Cotton comedy, Max Presnell, SMH_29 May 2014 Read article...Chris Merritt, Legal Editor for The Australian talks to author Michael Pelly Watch online...Gleeson subjected to formal interview, Chris Merritt, The Australian_23 May 2014 Read article...Gleeson appointment a 'no brainer', The Australian_23 May 2014 Read extract...From the Launch..."Pelly recites many tales which are familiar to the legal profession. However, there is much in this book that is new. He has done Australian legal history a great service by interviewing family, friends and colleagues whose reminiscences may not otherwise have been recorded." Read Launch Speech...From the Launch Speech by The Hon James Spigelman AC, QC
How do judges sentence? This question is frequently asked but infrequently explored. What factors are taken into account? How do judges see their role? How do they apply the aims and purposes of sentencing? How are factors such as public opinion taken into account? How Judges Sentence explores these questions through interviews with Queensland judges. The judges explain how they come to their decisions when sentencing, how they view judicial discretion, and how they exercise it. The book carefully examines their comments within the legislative and theoretical contexts of sentencing. The analysis yields valuable insights into judicial methodologies, perceptions, and attitudes towards the sentencing process. How Judges Sentence provides a major contribution to debates on sentencing.
The Remaking of the Courts: Less-Adversarial Practice and the Constitutional Role of the Judiciary in Australia centres on the changing nature of courts within the Australian constitutional context. In essence, the monograph explores the degree to which less-adversarial innovations and the remodelling of the judicial role can be accommodated within Australia’s constitutional framework. The work draws upon comparative principles, separation of powers, jurisprudence and the theoretical perspectives of constitutionalism and neo-institutionalism. By examining Chapter III of the Commonwealth Constitution, and applying Chapter III approaches to less-adversarial case-studies traversing state and federal fields, the book argues that less-adversarial judicial practices can be broadly accommodated by the Australian constitutional framework. However, the book asserts that the clarity and suitability of the Chapter III constitutional approaches employed would be significantly improved by the adoption of a ‘contextual incompatibility’ methodology which would protect the constitutional role of the courts while not forestalling constitutionally compatible reform.
The author of The Body Audit, shortlisted for the BBC National Short Story Award 2021 'Rockadoon Shore is terrific' Roddy Doyle 'One of the most exciting Irish storytellers to have emerged in years' Gavin Corbett Cath is worried about her friends. DanDan is struggling with the death of his ex, Lucy is drinking way too much and Steph has become closed off. A weekend away is just what they need so they travel out to Rockadoon Lodge, to the wilds in the west of Ireland. But the weekend doesn't go to plan. JJ is more concerned with getting high than spending time with them, while Merc is humiliated and seeks revenge. And with long-ignored tensions now out in the open, their elderly neighbour Malachy arrives on their doorstep with a gun in his hands . . . Honest, moving and human, Rockadoon Shore is a novel about friendship and youth, about missed opportunities and lost love, and about the realities of growing up and growing old in modern-day Ireland. Highly energetic and tensely humorous, it heralds a new and exciting voice in contemporary Irish fiction.
This book makes the legal and political case for Indigenous constitutional recognition through a constitutionally guaranteed First Nations voice, as advocated by the historic Uluru Statement from the Heart. It argues that a constitutional amendment to empower Indigenous peoples with a fairer say in laws and policies made about them and their rights, is both constitutionally congruent and politically achievable. A First Nations voice is deeply in keeping with the culture, design and philosophy of Australia's federal Constitution, as well as the long history of Indigenous advocacy for greater empowerment and self-determination in their affairs. Morris explores the historical, political, theoretical and international contexts underpinning the contemporary debate, before delving into the constitutional detail to craft a compelling case for change.
This book is a collection of key legal decisions affecting Indigenous Australians, which have been re-imagined so as to be inclusive of Indigenous people’s stories, historical experience, perspectives and worldviews. In this groundbreaking work, Indigenous and non-Indigenous scholars have collaborated to rewrite 16 key decisions. Spanning from 1889 to 2017, the judgments reflect the trajectory of Indigenous people’s engagements with Australian law. The collection includes decisions that laid the foundation for the wrongful application of terra nullius and the long disavowal of native title. Contributors have also challenged narrow judicial interpretations of native title, which have denied recognition to Indigenous people who suffered the prolonged impacts of dispossession. Exciting new voices have reclaimed Australian law to deliver justice to the Stolen Generations and to families who have experienced institutional and police racism. Contributors have shown how judicial officers can use their power to challenge systemic racism and tell the stories of Indigenous people who have been dehumanised by the criminal justice system. The new judgments are characterised by intersectional perspectives which draw on postcolonial, critical race and whiteness theories. Several scholars have chosen to operate within the parameters of legal doctrine. Some have imagined new truth-telling forums, highlighting the strength and creative resistance of Indigenous people to oppression and exclusion. Others have rejected the possibility that the legal system, which has been integral to settler-colonialism, can ever deliver meaningful justice to Indigenous people.
Longlisted for the 2022 Indie Book Awards. Longlisted for the Australian Political Book of the Year Award. Chosen as a ‘Book of the Year’ in The Australian, The Australian Financial Review and The Australian Book Review. In a quiet Sydney street in 1937, a seven year-old immigrant boy drowned in a ditch that had filled with rain after being left unfenced by council workers. How the law should deal with the trauma of the family’s loss was one of the most complex and controversial cases to reach Australia’s High Court, where it seized the imagination of its youngest and cleverest member. These days, ‘Doc’ Evatt is remembered mainly as the hapless and divisive opposition leader during the long ascendancy of his great rival Sir Robert Menzies. Yet long before we spoke of ‘public intellectuals’, Evatt was one: a dashing advocate, an inspired jurist, an outspoken opinion maker, one of our first popular historians and the nation’s foremost champion of modern art. Through Evatt’s innovative and empathic decision in Chester v the Council of Waverley Municipality, which argued for the law to acknowledge inner suffering as it did physical injury, Gideon Haigh rediscovers the most brilliant Australian of his day, a patriot with a vision of his country charting its own path and being its own example – the same attitude he brought to being the only Australian president of the UN General Assembly, and instrumental in the foundation of Israel. A feat of remarkable historical perception, deep research and masterful storytelling, The Brilliant Boy confirms Gideon Haigh as one of our finest writers of non-fiction. It shows Australia in a rare light, as a genuinely clever country prepared to contest big ideas and face the future confidently. 'Gideon Haigh has always been an exquisite wordsmith, and he proves here that he is also an intuitive historian and acute biographer with a masterful control of the broad sweep and telling detail’ AFR Books of the Year 'Here is a master craftsman delivering one of his most finely honed works. Meticulous in its research, humane in its storytelling, The Brilliant Boy is Gideon Haigh at his lush, luminous best. Haigh shines a light on person, place and era with the sheer force of his intellect and the generosity of his words. The Brilliant Boy is simply a brilliant book.' Clare Wright, Stella-Prize winning author of The Forgotten Rebels of Eureka ‘Gideon Haigh has a nose for Australian stories that light up the past from new angles, and he tells this one with verve, grace and lightly worn erudition. I couldn’t put it down.’ Judith Brett, The Saturday Paper ‘An absolutely remarkable, moving and elegant re-reading of the early life of an extraordinary Australian. Gideon Haigh is one of Australia's finest writers and thinkers … mesmerizing … one of the best Australian biographies I have read for a long time.' Michael McKernan, Canberra Times
Revealing analysis of how judges work as individuals and collectively to uphold judicial values in the face of contemporary challenges.
How do you protect rights without a Bill of Rights? Australia does not have a national bill or charter of rights and looks further away than ever from adopting one. But it does have a range of individual elements sourced from common law, statute and the Constitution which, though unsystematic, do provide Australians with some meaningful rights protection. This book outlines and explains the unique human rights journey of Australia. It moves beyond the criticisms long made of the Australian position – that its 'formalism', 'legalism' and 'exceptionalism' compromise its capacity for rights protection – to consider how the many elements of its novel legal structure operate. This book analyses the interlocking legal framework for the protection of rights in Australia. A key theme of the book is that the many different elements of a fragmented scheme can add up to something significant, albeit with significant gaps and flaws like any other legal rights protection framework. It shows how the jumbled influences of a common law heritage, a written constitution, differing paths taken by jurisdictions within a single federal state, statutory and common law innovations and a strong dose of comparative legal influences have led to the unique patchwork of rights protection in Australia. It will provide valuable reading for all those researching in human rights, constitutional and comparative law.