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Open and shut justice ... Keeping the profession in good repute by covering-up the names of lawyers in disciplinary proceedings ... SA judge goes through the balancing act of deciding what's best - redaction or open justice ... Redaction wins ... Read more ... 


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Justinian Columnists

Eyes Right ... Procrustes reviews what's going on with the Right ... Starting with a Dobell exhibition near Healesville ... Yesterday's values ... The Joshua Smith case ... Mrs McNamara and the Road Traffic Authority ... Community Legal Centres and advocacy litigation ... Finally, fetching-up with John Cameron and Scott Ludlam ... Read more ... 



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    "Well, I think we're getting ahead of ourselves. First of all we have to have a declaration by the High Court to the effect that he was not capable of being chosen and a count back. Then as I'm advised, the President of the Senate has to raise the debt, the debt being the salary and allowances that Mr Ludlam was paid during all those years when he was under colour of office, to use the legal expression, but in fact was not eligible to sit as a senator, that debt would be a very substantial amount of money. There's also by the way, under section 46 of the Constitution, a fine of 100 pounds to use the language of the time of federation, for every day that a person not eligible to sit does sit in the Senate ..." 

    Commonwealth Attorney General George Brandis discussing Scott Ludlam's disqualification from the senate, Sky News, July 16, 2017. The AG forgot that suits under s.46 of the Constitution were abolished in 1975, see Common Informers (Parliamentary Disqualifications) Act  ...  Read more ... 


    Justinian Featurettes

    Arthur Moses ... The boy from the wild west of Sydney climbs to the top limbs of the barristers' tree ... Arthur Moses on the couch ... President of the NSW bar and treasurer of the Law Council of Australia ... Big agenda items ... Long lists of projects ... Run, run, run ... Read more ... 


    Justinian's archive

    Littlemore gets saucy ... VicAppeals unhappy without two counsel ... Languid Family Court judge hits herself in the face ... From Justinian February 1999 ... Read more ... 


     

    Justinian's archive

     

    We are currently migrating all articles from the old Justinian archive over to our new website. This process will be completed within the next few months. To search our new archive please use the dedicated search feature on the left. This will limit your search to archived material.  

    Friday
    Aug012014

    Picking a small bone

    Barrister's silk application arrives 12 minutes after deadline ... Told by bar executive director that it will not be considered ... No "special circumstances" ... Correspondence ... Lawyers at ten paces  

    Click to read more ...

    Friday
    Aug012014

    Frontline reports 

    Rejigging Mrs Keddie's property portfolio ... Missing bits from 4 Corners cult report ... The Elf hones his advocacy as he steps into street brawls ... Bailed-up by Hatzistergos ... DFAT's fat-headed super-injunction 

    Click to read more ...

    Monday
    Jul282014

    Asylum seekers - where to next?

    Asylum Seekers and the legal process ... High-powered panel thrashs out complex issues that are likely still to come before the High Court ... Can the government hold people at sea? ... Maritime Powers Act in play ... Nina Ubaldi reports 

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    Monday
    Jul282014

    News from the QE11 Cauldron

    Knock About running onto the paddock ... Muir JA sends critical missive to Nudgee Old Boys ... CJ out of his league with civil work, now fresh blunder comes to light on sentencing ... Newman and the Conveyancer General try and mend fences with judges and lawyers ... Knock About on the speech circuit 

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    Tuesday
    Jul222014

    Court room calamities

    Solicitors struck down in the Defamation Court ... Who's going to replace Reg Blanch at the NSW Dizzo? ... Garry Neilson benched after pressure from AG ... Knock About Carmody seeking speech-writing skills ... Daphnis lost west of Winton 

    Click to read more ...

    Monday
    Jul212014

    The guano flies as rule of law abused in client states 

    Abuse of power by heads of state in Nauru and PNG ... Asylum seeker dumping grounds ... Australia unconcerned about abuses and corruption on our doorstep ... Judicial independence sacrificed for border security ... Client states pay the price ... Kate Lilly & R. Ackland report 

    Click to read more ...

    Friday
    Jul182014

    The political stitch-up of David Hicks

    UPDATE ... David Hicks, demonised by the Howard government, pleaded guilty to a charge unknown to the law of war ... US appeals court says there is no such war crime as "material support for terrorism" ... Where does that leave the over-blown attacks on Hicks by Howard, his ministers and hacks from the Murdoch press? 

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    Tuesday
    Jul152014

    Hicks: war crime missing in action

    Howard's terrorist pin-up boy David Hicks convicted of a war crime that doesn't exist ... DC Circuit Court of Appeals finds "material support for terrorism" is not a war crime ... Hicks' conviction likely to be quashed ... Bullied into a plea deal by the Bush and Howard governments in 2007 ... Soapy Brandis looking more than usually idiotic ... Miscarriage of justice 

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    Friday
    Jul112014

    God's little helpers

    Sacrilege - Neil McPhee Room used for VicBar god bothering ... Fr Lucas splashes holy water on lawyers after being told to step down ... Peter Fox supporters point to adverse findings against commissioner ... Phillip Street divorce papers served

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    Friday
    Jul112014

    Landmark judgments

    Big Jim Byrne's litigation funding caper with a 25 percent commission ... Divorcee in unsuccessful struggle to unwind funding deal ... Roger Rogerson plays a starring role as a "mediator" ... Also, a tedious dispute about the cost of transcribing file notes ... "Bordering on the unseemly" ... Reports from courtside

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    Wednesday
    Jul092014

    Speculations from The Map

    It's Erich's say so ... Flags half-mast ... Who'll be Tasmania's new governor? ... Where to for Lieutenant Governor Mr Squiggle? ... Solicitor General's job goes begging ... What now for the Ellis appeal? 

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    Tuesday
    Jul082014

    Step outside 

    Appointment of CLP aligned top-end magistrate ... Furious row over appointment at NT estimates committee ... Attorney General questioned about his role in the selection of a friend and benefactor ... Water, water (not everywhere) ... Tales from the Top End with Buffalo Bruce 

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    Monday
    Jul072014

    National roundup from the Bureau de Spank

    Advocates immunity spreads its wings ... Pressuring client to settle found to be justified ... Perth lawyer claims a vendetta by the complaints committee ... Unexpectedly borrowing at 60 percent interest ... Paper shuffling at bar ethics exam ... The subjective test for recklessness ... Bureau de Spank ... Kate Lilly reports 

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    Thursday
    Jul032014

    Neville Wran's shadow

    Round 97 of the Waterhouse stoush ... Scion of horse-racing and gambling dynasty makes allegations of judge fixing ... NSW Supreme Court respectfully disagrees ... University of Sydney settles Kim Walker case ... Alex Mitchell at-large 

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    Wednesday
    Jul022014

    End of term

    Supreme Court lets God into the Affordable Care Act ... And strikes down certain compulsory union dues ... At last - a Guantánamo detainee charged with a genuine war crime ... Obama's Taliban prisoner swap ... Whatever you do, don't shoot at an American in a war ... From Our Man in Washington, Roger Fitch 

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    Friday
    Jun272014

    Law morsels

    Victoria's preferred style for noting silken appearances ... High quality exotic entertainment in Adelaide ... Telegraph v Slipper ... Royal Commission to put DPPs in the box ... Dyse distracted ... Soapy sooling s.18C onto the ABC 

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    Thursday
    Jun262014

    The story of Timbo and the Paste Pot

    Calamity Carmody ... Confidence in his cogency found wanting ... Error ridden judgments ... Heavy on the glue ... Wrong citations ... Cockeyed reasoning ... This is the government's idea of a "fine legal mind" ... Headmaster's report card 

    Click to read more ...

    Tuesday
    Jun242014

    Show and tell

    Disclosure in the Eastman case ... Martin report finds significant amount of material not disclosed by the prosecution to the defence ... Disputes among expert witnesses ... Failure to disclose found to be inadvertent ... Nonetheless, there was a denial of procedural fairness 

    Click to read more ...

    Sunday
    Jun222014

    Carmody of Errors

    Updated on Monday, June 23, 2014 by Registered CommenterJustinian

    The politicisation of the Chief Justice ... Divisions deepen ... Lord Eldon's straddle ... Fresh round-up of The Carmody Capers ... From our Brisbane field agents 

    Click to read more ...

    Tuesday
    Jun172014

    Carmody update

    Collection of gems from Timbo Carmody, CJ-in-Waiting ... Latter-day Albert Piddington? ... Carmody's best lines ... Brief history of the new CJ's long forgotten low points ... NSW barristers say politicalisation of Queensland appointments taints the QC selection system  

    Click to read more ...

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