by RuleofLawInstitutePerson | Jul 4, 2016 | All Posts
Last week, the Queensland Parliament’s Agriculture and Environment Committee tabled its report into the Vegetation Management (Reinstatement) and Other Legislation Amendment Bill 2016. The Bill contains important and controversial changes to the state’s...
by RuleofLawInstitutePerson | Jun 30, 2016 | All Posts
Henry Bournes Higgins would have turned 165 today. He was one of Australia’s most influential political figures around Federation. He was a delegate at the Constitutional Conventions, served in the Victorian and Federal Parliaments, and became a Justice of the...
by RuleofLawInstitutePerson | Jun 23, 2016 | All Posts, Crime, Criminal Trial Process
Beyond Reasonable doubt, jury directions and the onus of proof Beyond Reasonable Doubt In this article we explore jury directions, the meaning of “beyond a reasonable doubt” and onus of proof. The presumption of innocence is an important part of any fair...
by RuleofLawInstitutePerson | Jun 17, 2016 | All Posts
The Rule of Law Institute is proud to announce that it will be partnering with Macquarie University’s PACE program again in 2016. The PACE program, which stands for Professional and Community Engagement: provides practical experience for undergraduate students,...
by RuleofLawInstitutePerson | Jun 17, 2016 | All Posts
For teachers and students: see the footnotes and the end of this post for some comprehension questions to assist in discussing and understanding this post. In the early hours of Saturday 3 October 2015, the United States military conducted a series of sustained...
by RuleofLawInstitutePerson | Jun 15, 2016 | All Posts
The Balance between Robust Constitutionalism and the Democratic Process A public lecture by Deputy Chief Justice Dikgang Moseneke of the Republic of South Africa Hosted by the Rule of Law Institute of Australia, UNSW Law, and the Gilbert + Tobin Centre for Public Law....
by RuleofLawInstitutePerson | Jun 15, 2016 | All Posts
Today marks the 801st anniversary of the sealing of Magna Carta at Runnymede in England. The Institute was heavily involved in the octocentenary celebrations across Australia last year, and is currently working on two exciting projects this year: a permanent...
by RuleofLawInstitutePerson | Jun 14, 2016 | All Posts
For teachers and students: see the end of this post for some before, during and after reading questions designed to assist in discussion and understanding this post. Next month, the High Court will hear an appeal from the Queensland Court of Appeal concerning a...
by RuleofLawInstitutePerson | May 27, 2016 | All Posts
The NSW Ombudsman’s statutorily-mandated review of the 2012 consorting laws is now more than a year overdue. The controversial consorting laws – introduced by the Crimes Amendment (Consorting and Organised Crime) Act 2012, and publicly opposed by many,...
by RuleofLawInstitutePerson | May 16, 2016 | All Posts
The President of the Institute, Robin Speed, has drafted and lodged a submission with the NSW parliamentary committee on the Independent Commission Against Corruption, arguing that a new approach is needed. The Committee is conducting an inquiry on the issues raised...
by RuleofLawInstitutePerson | May 16, 2016 | All Posts
Today marks the 95th anniversary of the High Court’s judgment in In re The Judiciary Act 1903-1920 and In re The Navigation Act 1912-1920 (1921) 29 CLR 257, often abridged as In re Judiciary Act. Perhaps as a result of its unwieldy name, this case has often been...
by RuleofLawInstitutePerson | May 12, 2016 | All Posts
The Balance between Robust Constitutionalism and the Democratic Process A public lecture by Deputy Chief Justice Dikgang Moseneke of the Republic of South Africa Hosted by the Rule of Law Institute of Australia, UNSW Law, and the Gilbert + Tobin Centre for Public Law....
by RuleofLawInstitutePerson | May 9, 2016 | All Posts
The Institute has lodged a submission with the federal Attorney-General’s Department, recommending against the introduction of Deferred Prosecution Agreements (DPAs) in Australia. The Institute argued that a DPA scheme may undermine respect for corporate...
by RuleofLawInstitutePerson | May 5, 2016 | All Posts
NSW Parliament passed the Crimes (Serious Crime Prevention Orders) Bill 2016 and the Criminal Legislation Amendment (Organised Crime and Public Safety) Bill 2016 yesterday without amendment, meaning both Bills are just awaiting assent before they become law. Both...
by RuleofLawInstitutePerson | May 5, 2016 | All Posts
The federal Standing Committee on Tax and Revenue has today tabled its report into the scrutiny arrangements for the Australian Tax Office (ATO). The Committee has declined to recommend any changes to the scrutiny arrangements, finding that any duplication of...
by RuleofLawInstitutePerson | May 5, 2016 | All Posts
The Select Committee on the establishment of a National Integrity Commission has released its interim report, just days after conducting public hearings in Sydney and Canberra. The Institute made a written submission to the Committee, recommending against establishing...
by RuleofLawInstitutePerson | May 4, 2016 | All Posts
The High Court has decided to retain the so-called “advocates’ immunity” – the immunity enjoyed by lawyers for negligent actions or omissions done in the conduct of a case in court, or done out of court, but which are intimately connected with...
by RuleofLawInstitutePerson | May 2, 2016 | All Posts
The Canadian Supreme Court considered the constitutionality of mandatory sentencing in a recent controversial judgment handed down this month: R v Lloyd 2016 SCC 13. The case concerned a mandatory sentencing regime introduced by the previous Conservative government,...
by RuleofLawInstitutePerson | Apr 29, 2016 | All Posts
The Institute gave evidence yesterday before a public hearing of the Select Committee on the establishment of a National Integrity Commission, arguing that any such Commission must take into account concerns about the NSW ICAC model. Vice President Malcolm Stewart...
by RuleofLawInstitutePerson | Apr 28, 2016 | All Posts
Sir Owen Dixon, the sixth Chief Justice of the High Court, was born 130 years today — on 28 April 1886 — in Hawthorn, Melbourne. He was widely lauded, both during his judicial career and afterwards, as Australia’s greatest judge, and indeed one of...
