Punishment and Responsibility: An Assessment of Moral Culpability in Sentencing
… of a rational and responsible agent as the touchstone for assessing culpability often leads to a heavy reliance on … I have made it my practice throughout my time as a judge to visit prisons and related facilities to better understand … the drug taking that was causally linked to the offending. 26 The Court of Appeal upheld the judge’s conclusion that, …
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LIV 2023 Essential Briefing on the State of the Profession
… people joining in today. I acknowledge the Legal Services Commissioner, guests and participants. Thank you to the LIV, Tania Wolff and Adam Awty, for holding this annual briefing. It is great to join you. … we work, teach, and learn has changed dramatically. In the latest LIV Member Engagement Survey I read that three out of …
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The Origin of 'Mentor'
… Penelope, and his young son Telemachus have been waiting for his return for more than a decade. Unfortunately, Queen … reunite with his family. So, Athena disguises herself to visit Telemachus. She counsels him to take a ship and go … in establishing it. In particular, the Work Practices Committee, who have worked tirelessly over the difficult …
SC CL 11 Employment and Industrial List (Second revision)
… and Industrial List, a case management list within the Common Law Division of the Court. 1.3 The purpose of the List is to provide for the just and efficient determination of eligible … questions in issue; c) their compliance with section 26 of the Civil Procedure Act 2010 ; d) the likely duration …
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Leading from the Bench: Women Jurists as Role Models
… Justice of Victoria on the occasion of American Chamber of Commerce in Australia 'Women in Leadership' Breakfast at Crown, Melbourne. Pr'cis : Women currently account for about one third of the Australian judiciary; an … cancer and had to endure months of rigorous treatment. [26] During this time her Honour did not miss a sitting day …
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Disrupting how we use pleadings in complex construction disputes
… A Introduction 1 1 Good evening. Thank you for that kind introduction. 2 I am honoured to have the … notice of those issues at the earliest possible stage . 26 By defining the issues in dispute, pleadings also … speech. [2] Fieldturf Inc v Balsam Pacific Pty Ltd [2003] FCA 809, [3]. [3] See E Thornburg and C Cameron, Defining …
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SC CL 4 Major Torts List
… Torts List. The List is a case management list within the Common Law Division of the Court. 1.3 The List is designed … in the List whenever commenced. 4. Proceedings suitable for inclusion in the list 4.1 Large, complex or otherwise … questions in issue; c) their compliance with section 26 of the Civil Procedure Act 2010; d) the likely duration …
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SC CC 4 Admiralty (first revision)
… the procedures to be followed in the Admiralty List. 2. COMMENCEMENT 2.1 This Practice Note was reissued on 28 May … LIST 4.1 Admiralty proceedings to be entered into the List for management by the Judge in Admiralty comprise: (a) … is unavailable may also refer to Practice Note SC CC 1 or visit the Commercial Court section of the Supreme Court …
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The Melbourne Corporation doctrine - some unresolved questions
… the Commonwealth from co-opting State officials to perform Commonwealth functions? (c) What is the role of State … that structure for the judicial system of Australia. 26 He emphasised that this was quite distinct from questions … [49] (2008) 234 CLR 599, 604, 605, 606. [50] (2015) 228 FCR 497; [2015] FCAFC 1 (‘UFU’). [51] UFU (2015) 228 FCR …
The State, Territory and Federal Courts on Constitutional Law in the 2023 Term
… which we are meeting. And I’d like to thank the organisers for inviting me to give this paper. It is a somewhat tricky … v Gatsby (2018) 99 NSWLR 1; [2018] NSWCA 254 at [125]-[126]. 10 … What is determinative of this appeal is the nature … Likiardopoulos v The Queen (2012) 247 CLR 265. [28] [2023] FCAFC 162. [29] BMW Australia Ltd v Brewster (2019) 269 CLR …
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