by RuleofLawInstitutePerson | Apr 27, 2016 | All Posts
Read the Institute’s media release on the Crimes (Serious Crimes Protection Orders) Bill 2016, and the NSW Bar Association’s submission about the Bill referred to below. Alister Henskens’ attack on Noel Hutley S.C., President of the New South Wales Bar...
by RuleofLawInstitutePerson | Apr 15, 2016 | All Posts
The Institute has lodged a submission with the Senate Select Committee on the Establishment of a National Integrity Commission, arguing that no such federal anti-corruption body is needed. Our submission noted that we favour strong anti-corruption institutions,...
by RuleofLawInstitutePerson | Apr 14, 2016 | All Posts
The Rule of Law Institute of Australia condemns the NSW Government’s Crimes (Serious Crime Prevention Orders) Bill 2016 in the strongest terms, as a serious threat to the rule of law in New South Wales. The Institute acknowledges that the prevention of crime...
by RuleofLawInstitutePerson | Apr 13, 2016 | All Posts
The report of Queensland’s Taskforce on Organised Crime Legislation, chaired by former Queensland Supreme Court Justice Alan Wilson, was made publicly available last week. The Taskforce was announced a few months after the 2015 Queensland elections, which saw...
by RuleofLawInstitutePerson | Apr 13, 2016 | All Posts
Queensland’s response to organised crime is a law reform issue of current relevance, as the Labor Government considers its changes to the LNP Government’s 2013 anti-bikie and anti-organised-crime laws. This resource brings together relevant media articles...
by RuleofLawInstitutePerson | Mar 24, 2016 | All Posts
The Parliamentary Joint Committee on Human Rights (PJCHR), is a Committee of the Australian Parliament which reviews bills and regulations to report on their compliance with human rights principles. It reports regularly on all of the laws and regulations that pass...
by RuleofLawInstitutePerson | Mar 18, 2016 | All Posts
Rule of Law Institute President, Robin Speed, writes about the case of Murray Kear. A version of this article was published in The Australian Newspaper on 18/03/2015. In 2014 the Independent Commission Against Corruption falsely accused Murray Kear, the former...
by RuleofLawInstitutePerson | Mar 17, 2016 | All Posts, Education
We are pleased to be involved in the Legal Studies Association of NSW 2016 State Conference. Electronic copies of the resources and presentation are available below. Please contact Jackie Charles our Education Coordinator for any resourcing needs. Institute CEO Nick...
by RuleofLawInstitutePerson | Mar 11, 2016 | All Posts
The Institute has lodged a submission with the House of Representatives Tax Committee regarding the external scrutiny arrangements for the Australian Taxation Office. The Committee announced an inquiry into the various oversight mechanisms of the ATO, with a view to...
by RuleofLawInstitutePerson | Mar 9, 2016 | All Posts, Case Notes, Constitution
The Communist Party Case The High Court’s decision in Australian Communist Party v Commonwealth (1951) 83 CLR 1 is recognised as one of the Court’s most important decisions, and a resounding reaffirmation of the rule of law, and judicial review of...
by RuleofLawInstitutePerson | Mar 8, 2016 | All Posts
Today, the Rule of Law Institute co-hosted an event with the Australian Institute of Company Directors, attended by leading members of the Australian legal and business worlds. The event focused on the recent Hogan Lovells report, Risk and Return: Foreign Direct...
by RuleofLawInstitutePerson | Mar 7, 2016 | All Posts
An upcoming High Court case, due to be argued in Canberra this week, will tackle the question of the so-called “advocates’ immunity” in Australia, that is, whether a client may sue their lawyer for negligent actions or omissions that are intimately...
by RuleofLawInstitutePerson | Mar 7, 2016 | All Posts
The Institute has lodged a submission with Philip Moss and the Department of Prime Minister and Cabinet regarding the Public Interest Disclosure Act 2013 (Cth). The Act was due for statutory review, having been in operation for two years, and Mr Moss is to gather...
by RuleofLawInstitutePerson | Mar 2, 2016 | All Posts, Case Notes, Constitution, Education
Boilermakers Case and the Separation of Powers It is over 60 years since the High Court’s decision in R v Kirby; Ex parte Boilermakers’ Society of Australia (1956) 94 CLR 254. This decision, handed down on 2 March 1956, was an important statement of the...
by RuleofLawInstitutePerson | Feb 29, 2016 | All Posts
164 years ago today, the fourth Chief Justice of the High Court of Australia was born. Sir Frank Gavan Duffy, P.C., K.C.M.G, was born in Dublin on 29 February 1852, and came to Australia when he was four years old. His father, Sir Charles Gavan Duffy, was a famous...
by RuleofLawInstitutePerson | Feb 22, 2016 | All Posts
Crime rates in Australia The Australian Bureau of Statistics (ABS) recently released the results of its seventh Crime Victimisation Survey, covering people’s experiences of personal and household crimes across the nation in 2014-15. The results of the report are...
by RuleofLawInstitutePerson | Feb 18, 2016 | All Posts
The recent passing of US Supreme Court Justice Antonin Scalia has brought widespread tributes to the conservative judge, who was the first Italian-American appointed to the Court, and has sparked intense interest in his possible successor. This article will review the...
by RuleofLawInstitutePerson | Feb 18, 2016 | All Posts
Open access to government Open access to government is an important aspect of the rule of law, at least as important, if not more, than access to the courts. Open access to government means that, as far as possible, government proceedings and debates take place in...
by RuleofLawInstitutePerson | Feb 12, 2016 | All Posts
The Institute has lodged a submission regarding NSW high risk offender legislation, noting that such legislation raises a number of rule of law concerns. The submission was lodged with the NSW Department of Justice, which was conducting a review of the Crimes (High...
by RuleofLawInstitutePerson | Feb 9, 2016 | All Posts
The Institute’s new policy officer, William Shrubb, examines recent threats to the rule of law in Poland. Poland has been making headlines around the world over recent controversial changes to its public broadcasters and its constitutional court, made by the new...