Victoria Mole
December 24,
2008 |
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| The crunch that ate Christmas | |
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Vicki Mole explains how the Firm gets to grips with the crunch. The soy milk has gone from the tea room, and the yoga classes are cancelled. Now the partners seek to clutch any work that comes their way. Exciting strategies to avoid meagre billing ... more |
Barry Lane
December 23,
2008 |
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| Further adventures of legendary Melbourne litigators | |
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Issac Brott scores an own goal and is benched for a further five years … while solicitor Mark Morgan gets a huge Christmas present from VicAppeals as it knocks over his conviction for contempt, and in the process tips a bucket of cold water over the state’s claim to be a “model litigant” ... more |
Elizabeth Street
December 22,
2008 |
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| Christmas with bite | |
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Lizzy has to endure Christmas with her grasping rellies. In fact, the festive season is made ever more insufferable by festering law firm gloom ... more |
Judges
December 19,
2008 |
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| Bingham on Spigs | |
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Justinian sent a camera crew up to the NSW Banco Court to capture Baron Bingham of Cornhill launching a bound volume of J.J. Spigelman’s speeches. The event marked Spigs’ 10 years as CJ of NSW. The Chief Justice does good speech, and so does Tom Bingham. As you’ll see the camera person seems to have lost his brave struggle with an awful addiction. Sadly, we’ve had to let him go ... more |
Evan Whitton
December 18,
2008 |
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| Whitton's World | |
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‘Tis the he season for pardons … Prosecutor Patrick Fitzgerald overly staggered by Blagojevich … Dominick Dunne curiously incurious … All The Daily Ruperts better get on message about Rupert Max Stuart … Human Rights Watch ... more |
Leverhulme
December 17,
2008 |
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| London Calling | |
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Leverhulme’s 2008 law ‘n’ order round-up … British justice at its finest … Landmark decisions … and tragedies … A year to remember … and forget ... more |
Judges
December 16,
2008 |
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| Mrs Judge goes to Canberra | |
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Virginia Bell, who is to take Michael Kirby’s place on the High Court, has fused marvellous stage presence and legal brilliance into one seamless performance. Consequently, this is an amazingly excellent selection ... more |
City Desk
December 15,
2008 |
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| The porridge business | |
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The NSW government wants to privatise two large prisons. Making money out of jail birds is not new, but modern management methods of global operators have elevated the “corrections” business to an eerie new dimension. Private companies have the “solutions”. Jonathan Gadir reports ... more |
Roger Fitch Esq
December 14,
2008 |
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| Our Man in Washington | |
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Final gasp of the Bush regime … Legal uncertainties at Guantánamo after 9/11 conspirators plead guilty in death penalty case … Last minute regulations and orders wreak environmental vandalism – but delight the NRA … Washington goes on “pardon watch” ... more |
Barry Lane
December 13,
2008 |
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| Stella snares another victim | |
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Vic QC misconducts himself in personal injury case. He fell foul of internet myths … raised an allegation of fraudulent conduct without an evidentiary basis … was discourteous to Betty King … and exceeded the bounds of robust advocacy ... more |
Judges
December 10,
2008 |
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| Kirby's early departure from the High Court | |
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Michael Kirby, enlightened jurist, sparkling speaker, and man of great humour, will soon be out of (judicial) work. What’s next for this restless soul? ... more |
Elizabeth Street
December 9,
2008 |
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| Love alone isn't enough | |
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Lizzy has only been married to the law for a few years – but already she’s starting to feel jaded. She knows this relationship won’t go the distance ... more |
Around The Firms
December 9,
2008 |
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| Sick of it | |
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The pips are squeaking and the pickings are slimmer. Various of the biggest national firms have owned up to redundancies. Kate Gibbs speaks to Holding Redlich and Swaab Attorneys to see how they’re travelling ... more |
Court in the Act
December 5,
2008 |
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| Blundering spooks cleared by the right people | |
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If ASIO’s in strife the Inspector General of Intelligence and Security will gallop in to sort things out. According to Ian Carnell that duffer Justice Michael Adams got it all wrong in the ul-Haque case. Jonathan Gadir reports ... more |
Victoria Mole
December 3,
2008 |
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| A proprietary interest | |
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Ms Mole is in her final articles rotation … She found her time in Property was a bit like working on the cosmetics floor at Myer ... more |
Barry Lane
December 3,
2008 |
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| Solicitors' liens and legendary litigators | |
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Sometimes solicitors can lien so far and so hard they topple over. This has happened to deticketed Melbourne solly Issac Brott. Barry Lane reports on the latest twist in the Brott saga ... more |
Junior Junior - baby barrister blogger
December 2,
2008 |
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| Dear Santa | |
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At the bar one simply has to believe. Junior Junior was going to ask Santa for a special prezzie this year – but decided it might get too complicated. Instead, she’s opted for something the elves will find much more manageable ... more |
Roger Fitch Esq
November 30,
2008 |
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| Our Man in Washington | |
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A tendency for military judges to toss out coerced confessions doesn’t bode well for the government’s case against the 9/11 defendants, some of whom have been put on the rack … The Boumediene habeas case grinds on leaving in its wake some curious authority on the meaning of “enemy combatant” ... more |
Bar Talk
November 28,
2008 |
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| School prefects | |
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Why on earth not let Johnny Riordan have his silk jersey? No explanation, no natural justice for the old trooper. Now that he’s failed, again, he mounts a searing case for the elimination of the bar’s honours system ... more |
Evan Whitton
November 26,
2008 |
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| Whitton's World | |
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From war torn Darwin … to the Tour d’Argent ... to the launch of the latest Gough bio … to The Big Sleep, Evan Whitton casts his searing gaze. He also offers some solid advice to Barack about the Afghan war and an apology to Mr K.R. Murdoch AC, KCSG ... more |
Leverhulme
November 26,
2008 |
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| London Calling | |
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The bar rises up to support a defenceless Justice Eady after a beastly attack by a reptile – the editor of The Daily Mail ... The beautiful life of the retired senior Law Lord Tom Bingham – ruthless on a mountain, compassionate to asylum seekers … Gloomy Middlesex Guildhall – home to the new Supreme Court ... more |
Court in the Act
November 26,
2008 |
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| Liati's letter to Justice James | |
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Before Marcus Einfeld pleaded guilty to two charges Angela Liati wrote to the trial judge, Bruce James, requesting that her trial on a charge of intending to pervert the course of justice be held before that of Einfeld’s. She also says the media has a lot to answer for and that the former federal judge should be treated with more “respect” ... more |
On the Couch
November 26,
2008 |
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| Angela Liati | |
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Meet Angela Liati, “solitary crusader”. The cat loving, Boston Legal watcher has some strong views about what needs to be changed about Australia and the legal system ... more |
Theodora
November 25,
2008 |
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| Goings on ... | |
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Did Gordon Wood act on Rivkin’s orders? ... Action at bar AGMs in NSW and Tas ... An ashen faced loner sighted in Phillip Street … A move into lampshades for former prisons minister … Sub-prime pings Legal Practitioners Liability Committee … The Oz legal section shrinking fast ... more |
| On the Couch November 24, 2008 | |
| Feed Test | |
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Feed Test … more |
Sir Terence O'Rort
November 20,
2008 |
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| Bureau de Spank's special moments | |
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A run of outs for the Queensland Bureau de Spank, but without the soothing balm of costs orders for victorious lawyers. Sir Terence O’Rort thinks it’s about time the regulator stopped making such a hash of things ... more |
Elizabeth Street
November 18,
2008 |
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| It's my fault | |
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Lizzy does the research and writes opinions only to have them butchered by insecure superiors ... more |
Judges
November 17,
2008 |
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| Liati and The Mensch - latest | |
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It seems The Mensch has had a secret life as a book reviewer of literary gems. While Einfeld has pleaded guilty, his “alibi” Angela Liati battles on, alone and unrepresented ... more |
Barry Lane
November 17,
2008 |
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| Leading legal luminaries challenge traditional manta on juries | |
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Barry Lane detects in the wind a climate of change towards juries. Traditionalists are joining a gently swelling chorus against retaining the jury system in its current configuration ... more |
Victoria Mole
November 11,
2008 |
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| Courting glory | |
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Promising advocate Vicki Mole has her first experience of the splendour of advocacy … the triumph of the oral tradition … the power of persuasion. Oh, the thrill of it all ... more |
Leverhulme
November 10,
2008 |
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| London Calling | |
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Haughty English commentary about Obama’s victory … A few ancient liberals on the US Supreme Court may think it’s time to shuffle off … LCJ Judge on what the oral advocacy tradition will be like 25 years on … Lord Denning (pic) writes for us on the Sleeping Judge Dodd case ... more |
| Roger Fitch Esq November 9, 2008 | |
| Our Man in Washington | |
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The Bush administration smelled so bad it cured the country of voting Republican. Still, there is the better part of two months left for the incumbent to wreak more damage – and his lawyers are working overtime to achieve just that ... more |
Court in the Act
November 5,
2008 |
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| The wonderful world of PR | |
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Greg Baxter is the former flack merchant for the disgraced asbestos merchant James Hardie. Nowadays he spins for Uncle Rupie at News Limited. Bret Walker had this “non-defendant” in the box during the ASIC case against former Hardie directors and execs. Image making gets unstitched by masterful cross-examination ... more |
Evan Whitton
November 4,
2008 |
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| Oh, Rupie, you are a tease! | |
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The ABC is giving itself over to “lectures” from the fuchsia-haired media mogul. Evan Whitton remembers a few of the indignities foisted upon the world by the rancid old meddler ... more |
Bar Talk
November 3,
2008 |
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| The rank 'n' file are revolting | |
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Grumbling in the ranks sees the emergence of a “reform” agenda for the NSW bar’s AGM later this month. The trouble is, the proposed motions, even if passed, will change nothing ... more |
Leverhulme
October 31,
2008 |
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| London Calling | |
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A Health & Safety moment … Demobbed bankers flee to the law … Controversy of the week – nasty BBC prank on a Satanic Slut … Lord Chief Justice Judge wants to get tough with knifers … Lord Chancellor caught in “criminogenic” trap … That certain “whiffy” English male ... more |
Theodora
October 30,
2008 |
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| Goings on ... | |
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French CJ looking forward to Stuart Littlemore’s appearance … Predatory Pricer runs home with the loot … Supreme Court’s innovative plans for the internet – close it down … No flies on Jeff Shaw … Remembering Justice David Tonge ... more |
Around The Firms
October 28,
2008 |
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| Money no object when egos go to court | |
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Humble magistrate tears strips off luminous Sydney lawyer … Court warns celebrity solicitor John Atanaskovic that he’s on “thin ice” with intemperate correspondence to his opponents and to Clutz … Time to take a step back ... more |
Roger Fitch Esq
October 27,
2008 |
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| Our Man in Washington | |
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Bits continue to fall off the Guantánamo “legal” process … Bush lawyers now say illegally detained Chinese Muslims cannot be released into the US because they are “terrorists” ... Concept of “enemy combatant” to get a long-overdue judicial airing ... more |
Sir Terence O'Rort
October 26,
2008 |
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| Gibberish dopes the judges | |
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It takes submissions from a dope fiend to have Queensland judges wrapping themselves in extra layers of dignity and producing weighty reasoning about delirious abstractions. Sir Terence O’Rort reports ... more |
Bar Talk
October 24,
2008 |
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| Reverse takeover at VicBar | |
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At the heart of the sudden change of guard at the Victorian bar lies a struggle over real estate. Barristers Chambers Ltd is endeavouring to shore up its position while members flee to independent rooms ... more |
City Desk
October 24,
2008 |
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| Scenes from a dinner | |
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How times have changed. These days the annual dinner turned on by the Law Society of NSW comes replete with dancing girls, busty wenches and violinists with pink instruments. Another Justinian TV production ... more |
Junior Junior - baby barrister blogger
October 23,
2008 |
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| The barking dog | |
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Junior Junior, our baby barrister blogger, struggles to find a way out of depression – psychomotor retardation, to be exact. Fiddling around with add-ons for the computer sort of helped … BarCare’s advice didn’t ... more |
Bar Talk
October 22,
2008 |
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| Tattered silk | |
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Justinian tabulates the new silks in NSW and marvels at the supremacy of the tick ... more |
Leverhulme
October 17,
2008 |
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| Indianapolis Calling | |
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Leverhulme, our London correspondent, finds himself in the US of A, feeling the pulse of the electorate. In the process he discovers the Supreme Court’s view on executing obese criminals ... more |
Tulkinghorn
October 17,
2008 |
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| The lawyer as whistleblowing confidant | |
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Law firms offer clients the best available cone of silence. It’s expensive, but the service also blocks out sight and smell. It’s even fireproof ... more |
Victoria Mole
October 16,
2008 |
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| The departed | |
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According to Ms Mole, it pays dividends for senior partners to be nice about the Firm’s departing low life. Yet the insensitivity of these Boxster driving corner men never ceases to amaze ... more |
Court in the Act
October 15,
2008 |
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| Pig's head | |
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Retired NSW Supreme Court judge John Dunford was hauled across to Perth to conduct a CCC review of the way the coppers and the prosecution misconducted themselves the Andrew Mallard case. Even as the stench was in everyone’s nostrils, the WA Court of Criminal Appeal delivered a shocker of a judgment ... more |
On the Couch
October 15,
2008 |
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| Colleen Egan | |
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Who better to have On the Couch than the reporter who made all the difference for Andrew Mallard. Colleen Egan is an advocacy journalist in the finest sense. For us she bares nearly all ... more |
Court in the Act
October 15,
2008 |
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| Dunford cops out | |
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It took an awful lot of taxpayers’ money for John Dunford not to attempt to “determine where the truth lies” in the Andrew Mallard case. According to Colleen Egan he left many threads dangling ... more |
Evan Whitton
October 13,
2008 |
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| The Witchfinder-General | |
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We need a third verdict for people like Allan Kessing: guilty, but who cares … Having a cop run the Australian Crime Commission hasn’t helped … Bobby Zoellick and Dollar Pete Costello dancing together at the World Bank … Obama needs a margin of at least seven percent to win (because he’s black) ... more |
City Desk
October 10,
2008 |
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| Be nice to the brutes | |
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Ms Derivative, our market analyst, was dismayed at the precious way The Australian and Crikey carried on over MacBank. Amid all the sound and fury what was the story all about? ... more |
City Desk
October 9,
2008 |
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| Australian Charter of Rights (no wrongs) | |
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Justinian’s TV production unit got a camera into the big confab at Melbourne Law School on protecting rights in Australia. Some of the key players parried our probing questions. It seems the swivel-eyed critics of a Bill or Charter are complaining about a model that is not even on the agenda for Australia. It’s not the first time they’ve got things arse about ... more |
Roger Fitch Esq
October 8,
2008 |
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| Our Man in Washington | |
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Not only is the economy unravelling at a rapid rate, but so too the well laid extraordinary legal regime of the Bush administration. All that remains are a few well worn Republican dirty tricks to rort the ballot ... more |
Court in the Act
September 30,
2008 |
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| A taste of torture | |
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The US government dodges and fudges in the face of the British High Court’s unprecedented efforts to strip bare the regime of rendition and torture inflicted on a UK resident, now holed-up at Guantánamo Bay. Stephen Keim reports ... more |
Elizabeth Street
September 29,
2008 |
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| The assizes | |
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Lizzy Street is on circuit with a bundle of personal injury cases to defend. It doesn’t get much more exciting than night after night in a country motel except, of course, the big drink-a-thon with the circuit judge and the town lawyers ... more |
Roger Fitch Esq
September 26,
2008 |
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| Our Man in Washington | |
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Death throes of the Bush regime … Key case to test concept of “enemy combatants” ... Last minute election tricks in the Republican armoury … Cheney ordered not to destroy his papers … The 20 most corrupt members of Congress ... more |
Barry Lane
September 26,
2008 |
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| Legendary litigator cut down | |
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The rollicking, fun-filled legal career of Issac Brott has run off the tracks – at least for the time being. While he was busy keeping watch on drug use at the bar, he took his eye of his own manifold affairs ... more |
Leverhulme
September 25,
2008 |
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| London Calling | |
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Leverhulme catches up with the Brosnahans at a dinner in Ireland and falls to talking about the rough trot women have had in the law. Sophie Hamilton, senior partner at Mayfair firm Forsters, lights the way ... more |
Theodora
September 24,
2008 |
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| Goings on ... | |
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More Patrick Power referees lining up at the defo court … Celebrity client leaves Johnson Winter & Slattery … Second choice lands Apple Isle judgeship … Not even Lady Di knew about the Queensland magistrates’ immunity … Allens incubated Macquarie Street’s dirty dancer ... more |
Victoria Mole
September 24,
2008 |
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| The devil I know (and sort of love) | |
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Vicki Mole gives The Pinstripe Prison a good old spray. It’s not rigorous enough for her. The best and brightest are not wasted in corporate law – they help people realise their dreams. Anyway, where’s the social utility in much of what passes for journalism? ... more |
Hellfire Club
September 24,
2008 |
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| Insightlessness at the bar | |
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The Alex Howen case is a striking illustration of a mentally disordered barrister who ploughs on without adequate treatment, leaving a trail of professional misery. How many others can identify with Howen’s Disorder? ... more |
Around The Firms
September 19,
2008 |
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| Defamatorium | |
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Freehills dumped as Mark O’Brien and the boys take over The Sydney Morning Herald’s legal machine. The brief – to slash litigation costs and do a bit of cultural re-engineering ... more |
Judges
September 17,
2008 |
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| More bombshells at the Liati trial - round one | |
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Traffic matters. Mensch’s former alibi says her speeding car trip to Mosman with Theahresa Brennan really did happen – she just got the day wrong ... more |
Evan Whitton
September 17,
2008 |
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| The abort extort report | |
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Evan Whitton on: abortion law … morality questions for Bobby French, and … how Republicans steal elections ... more |
Victoria Mole
September 16,
2008 |
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| Junior lawyers at large | |
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Managing the law on behalf of partners’ frightful families and feral friends. Vicki Mole explains how the Firm flick passes “mates cases” to the legal toddlers ... more |
Judges
September 15,
2008 |
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| It's an ambulatory kinda world | |
|
The Commonwealth DPP doesn’t think that judges have to concentrate all the time. In fact, a judge can be sound asleep, but if that makes no difference to the outcome of a trial, then snooze on. It’s all a question of effect, not appearances. High Court transcript makes for fun reading ... more |
Barry Lane
September 12,
2008 |
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| Disentanglement | |
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Barry Lane seems to be having a bit of a giggle as the Victorian Court of Appeal grapples with “deciding for itself” in serious injury cases. It’s a tricky business, specially when “misunderstandings” from previous decisions have to be straightened out ... more |
Tulkinghorn
September 10,
2008 |
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| Bugger the presumption of innocence, what about the fees? | |
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When lawyers “follow the fees” where does that lead our legal system? ... Tulkinghorn asks, should privately funded defence lawyers be required to tell victims of crime where the defence legal fees are coming from, and how much they are? ... more |
Leverhulme
September 10,
2008 |
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| London Calling | |
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And did the countenance divine shine forth upon our clouded hills? ... Leverhulme, along with Jeremy Clarkson, asks what in the hell has happened to the green and pleasant Albion? ... more |
Wendler on Wine
September 9,
2008 |
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| Hugh is huge | |
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G.D. Wendler reviews Hugh Johnson’s autobiography. The guru of the grape is prone to overstatement and purple flourishes – but then Johnson is the grandee of wine commentary ... more |
Elizabeth Street
September 9,
2008 |
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| Soliciting | |
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Lizzy Street thinks that being a young solicitor bears disturbing similarities to the work requirements of the oldest profession. In many ways being a hooker is more honourable than the other variety of prostitution ... more |
Court in the Act
September 8,
2008 |
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| High Court draws the line on sex slavery | |
|
Victorian brothel keeper goes down in final sex slave round. Court of Appeal’s constrained view on “intention” to enslave not acceptable. But does the High Court’s decision have the potential to extend to slavery across the board – even to “servile marriage”? Jonathan Gadir reports ... more |
Theodora
September 5,
2008 |
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| Goings on ... | |
|
Pay shake-up looms for federal judges … Jeff Shaw fights for the freedom to take snaps outside prisons … Law firm persuades protestor to move off its footpath … “The Vibe” finds it’s way into Tasmanian jurisprudence … Clarrie Stevens shaves 40 percent off the bar ‘n’ grill’s professional misconduct costs ... more |
City Desk
September 4,
2008 |
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| Power lawyers | |
|
The NSW government’s plans to privatise the NSW electricity industry remain in a right old mess – according to Alex Mitchell, our man on the south side of Macquarie Street. How come the sale of the electricity retailers doesn’t require the approval of parliament? ... more |
Polly Peck
September 3,
2008 |
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| Capital Offences | |
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Canberra hackette Polly Peck was on hand for the swearing-in of Justice Robert French as the High Court’s new CJ. She was shocked by the lack of a uniform ceremonial policy on wigs ... more |
Judges
September 2,
2008 |
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| First day of spring | |
|
Justice Robert French has been sworn-in as the new Chief Justice of Australia. Justinian was there with his camera crew to record the ancient and venerable High Court morning tea ceremony, where courtiers from around the nation assembled to pay obeisance to the new tribal chief ... more |
Roger Fitch Esq
August 28,
2008 |
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| Our Man in Washington | |
|
Bit by bit the courts are upsetting the torture apple cart. The English High Court is the latest, ordering that evidence of the torture of a British resident be handed to his lawyers. Perfidious English and their damn common law ... more |
Elizabeth Street
August 28,
2008 |
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| Don't waste your life | |
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Lizzy gives a talk to young law students. She gently hints that life in the law is not all it’s cracked up to be. What she really wanted to say was, “Don’t waste your life” ... more |
Court in the Act
August 28,
2008 |
|
| Hodgson nails Keelty | |
|
AFP commissioner Mick Keelty is hiding behind the skirts of Mother England’s police force. Much of the stuff he tells the Clarke inquiry is top secret has already seen the light of day. According to Haneef’s lawyer Keelty needs to come clean on some vital questions of police malfeasance ... more |
Evan Whitton
August 27,
2008 |
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| Stewart, Barwick & Ors | |
|
Law & Society. Evan Whitton ploughs through the Hon Don Stewart’s memoir and has some nice things to say about the former plod, barrister, judge and royal commissioner ... more |
Wendler on Wine
August 25,
2008 |
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| Hill of Grace footnote | |
|
Famed journalist and author John Stubbs discovered that Cyril Henschke had an obsession about the Petrov affair. He offers this footnote to Gabriel Wendler’s recent column on the untimely demise of the man who made Hill of Grace ... more |
City Desk
August 25,
2008 |
|
| Jolly Roger Boland and the Della two-step | |
|
“Backwards with Fairness.” NSW’s top IR judge misses his minister. “I want Della back,” declares distressed judge. State roundsperson Alex Mitchell files this report ... more |
Leverhulme
August 22,
2008 |
|
| London Calling | |
|
Despite dotty local councils Britain today is a place in the sun – even though it has been raining constantly since June. The Poms are delirious about beating the Aussies at the Olympics. John Coates doesn’t help ... more |
Bar Talk
August 21,
2008 |
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| Hands up for silk | |
|
Here we go again. The 2008 list of applicants from New South Wales seeking to be silked. Plenty of the same old crew and a steady decline in the number of female contenders ... more |
Victoria Mole
August 21,
2008 |
|
| The brave retreat | |
|
The Firm’s property group retreats to the Daintree, to drink, bond and do things with a whiteboard. Ideas flow about how to improve the Firm’s retention rate. Vicki Mole attends to the bar fridge in her room ... more |
Tulkinghorn
August 15,
2008 |
|
| Why the punter should never trust a trust account | |
|
Could you lend me your wallet for a while? The trust account is both a sacred cow and a milch cow. Anyone who thinks trust accounts should be trusted probably believes, along with Homer Simpson, that wallet inspectors also exist ... more |
Barry Lane
August 14,
2008 |
|
| Lawyers and asset protection | |
|
Corporate plod attacks legal advice as ASIC takes its first action against a solicitor for “phoenix trading”. Is nothing sacred anymore? ... more |
Court in the Act
August 13,
2008 |
|
| House of Lords kyboshes secret trials | |
|
Anonymous witnesses and secret evidence not a problem for the Federal Court. The House of Lords takes a different view and says it is fundamental to the common law that the accused be able to confront their accusers. Stephen Keim looks at The Queen v Davis ... more |
Junior Junior - baby barrister blogger
August 12,
2008 |
|
| Life without a tax bracket | |
|
The all-consuming nature of life at the bar sees Junior Junior dropping entirely out of the tax system. She is one barrister whose non-tax status seems to be legit ... more |
Polly Peck
August 12,
2008 |
|
| No, No Nanette | |
|
Little Glen stabs mum 57 times, but it’s not murder. Consternation follows the acne prescription killing … Jon White takes the mantle as the ACT’s top prosecutor ... more |
Victoria Mole
August 8,
2008 |
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| Soma lovin', happened so fast | |
|
What is blogette Vicki Mole on about? She needs coffee to structure her day, yet she hasn’t mastered the art of drinking with clients at lunch while maintaining afternoon productivity ... more |
Roger Fitch Esq
August 8,
2008 |
|
| Our Man in Washington | |
|
Civil War banditti and jayhawkers are the basis of today’s “material supporters of terrorism”. Be careful – Bush law says it’s a “war crime” to shoot at Americans ... more |
Court in the Act
August 7,
2008 |
|
| Loading of the dice | |
|
The Salim Ahmed Hamdan verdict is in from Guantánamo Bay. Stephen Keim weighs the trial process and the interim rulings of the senior military judge on the case, Captain Keith Allred ... more |
Evan Whitton
August 6,
2008 |
|
| The // universe | |
|
Lord Robbo on justice for Radovan … Organised crims love libel law, because originally they invented it … It’s time Bob French spoke up about the law against muttering … One more question for Robert Richter … Rugby quiz ... more |
Wendler on Wine
August 5,
2008 |
|
| The day Doris accidentally shot Cyril | |
|
Cyril Henschke, maker of the wonderful Hill of Grace wine, was shot while he slept in his bed. In one of South Australia’s most celebrated trials his wife Doris was acquitted of the murder. According to wine man and barrister Gabriel Wendler the verdict ushered in a fabulous year of generous grape yields and superb quality reds ... more |
Theodora
August 5,
2008 |
|
| Goings on ... | |
|
Callinan’s Japanese love scene mystery solved … Prof. George Williams covers all lamentable appointment oversights … Smoking airplane crashed into billable moments … Adrian Powles RIP … Defo in Van Diemen’s Land … The centre of the advocates immunity has just shifted … Nietzsche’s man at AG’s department ... more |
Junior Junior - baby barrister blogger
August 4,
2008 |
|
| Life at the bottom | |
|
Our baby barrister is beset with problems – tire-kicking solicitors who don’t want to pay and still no chambers. The cruelty is shocking ... more |
Leverhulme
August 4,
2008 |
|
| London Calling | |
|
Rule of the drunken lads and ladettes … Police dog allergies … Max Mosley’s High Court ruling sends the media into a tizz – democracy imperilled, not to mention circulation ... more |
Elizabeth Street
August 2,
2008 |
|
| The lousy love contract | |
|
Poor Lizzy has just been sacked by her boyfriend and in the process has discovered that she was in a terrible contract. Now she has to throw herself into personal injury litigation to dull the pain ... more |
Judges
July 31,
2008 |
|
| Seven good reasons why Spigs is not the highest CJ | |
|
The jockeying, the speculation, the rumours, the fun – have all come to an end. Fortunately, though, the nutty commentary continues. Robert French has the job. How did Spigs manage to run second? ... more |
Barry Lane
July 28,
2008 |
|
| "Legal work" - a slippery concept | |
|
The Law Institute attacks a non-lawyer it falsely claimed was doing legal work. However, as Barry Lane in Melbourne points out, the LIV insists it’s not legal work when a solicitor handles a client’s investment money, and steals the lot ... more |
Around The Firms
July 28,
2008 |
|
| Deacons goes silver, red, yellow and green | |
|
Wayne Swan launched Deacons’ gleaming crystal office space in Sydney. Kate Gibbs was also there, mingling with the clients and scoffing scallops and champers. Blackout in the bathrooms leads the way in reducing the size of the firm’s carbon footprint ... more |
Roger Fitch Esq
July 26,
2008 |
|
| Our Man in Washington | |
|
A non-war crimes “war crimes” case gets underway before legally dubious military commission … Plenty of Kafkaesque moments for 9/11 accused … US extracts “intelligence” with Chinese style “enhanced techniques” from Korean war era ... more |
Hellfire Club
July 24,
2008 |
|
| Underneath the Archers | |
|
The NSW bar wins a round in the six year struggle to get Stephen Archer struck off the roll. Court of Appeal overturns ADT orders for production of documents. Archer claims the bar knew about his tax and bankruptcy affairs, and did sweet FA ... more |
Judges
July 24,
2008 |
|
| CJ speculation is rife | |
|
Talk of splits in the cabinet over the new High Court Chief Justice, compromise candidates and scary alternatives. Still no decision ... more |
Court in the Act
July 24,
2008 |
|
| Reflections on rights protections - a tale of three cases | |
|
What are the Charter of Rights naysayers on about? Existing legislative and entrenched rights haven’t managed to derail society. Yet these protections have proved more miss than hit. Stephen Keim surveys three recent decisions from the full Federal Court ... more |
Court in the Act
July 23,
2008 |
|
| The spell of the spooks | |
|
In two different cases the full Federal Court has dealt with ASIO and its obsession with secrecy in markedly different ways. One bench virtually rolled over to be tickled on the tummy by the chief spook. The other one stood its ground and said the court was not going to be a patsy for the state apparatus ... more |
Leverhulme
July 21,
2008 |
|
| London Calling | |
|
British Psychological Society calls for “witness experts” to sort out wobbly memories … Top UK firms get to grips with the recession with £1 billion plus revenues … Humiliating boss to fork up over breasts and pay jibes … Gordon Brown as the suggestible Heathcliff ... more |
Victoria Mole
July 21,
2008 |
|
| Mental health day | |
|
Articled clerk Vicki Mole has to take extraordinary measures to escape the glaring intensity of the Firm. It’s nice being a lawyer, but not for five days a week ... more |
Junior Junior - baby barrister blogger
July 16,
2008 |
|
| What car boot are you in? | |
|
Junior Junior, our freshly minted baby barrister, starts her blog with a cry of despair over finding chambers, work and money. Was a life at the bar such a fabulous idea after all? ... more |
Court in the Act
July 16,
2008 |
|
| A painful death for the death penalty? | |
|
The death penalty has been found by the US Supreme Court, with a little help from the swinging justice, to be an excessive sentence for child rape. A consideration of the constitutionality of the death penalty in murder cases may not be far away. Stephen Keim SC examines the way the law is evolving ... more |
City Desk
July 15,
2008 |
|
| Don't say cheese | |
|
Sunk in a sea of caveats, a bankrupt purchaser and loads of litigation, two Perth musicians have lost their property and their livelihood. Jonathan Gadir investigates ... more |
Evan Whitton
July 15,
2008 |
|
| Papal ratbaggery, and worse | |
|
Evan Whitton covers the Pope’s visit and cruelly brings up some Vatican crimes … From October civil judges in Britain will have to dress up at home … Rugby quizz … And how come Labor hack Eddie McTiernan’s limpet view on “beyond reasonable doubt” still stands? ... more |
Elizabeth Street
July 14,
2008 |
|
| The chinless wonders of the law | |
|
Those with a prominent legal pedigree used to be carried by their firms. Now, as Lizzy Street discovered at her firm, having a well connected legal name might get you in the door, but it doesn’t guarantee survival ... more |
Tulkinghorn
July 13,
2008 |
|
| The cab rank rule is rank all right | |
|
Providing cover for the “dirty” cases … Tulkinghorn teases apart the fiction of one of the bar’s prized ethical flourishes – the “cab rank” rule. Isn’t it about time it was scrapped? ... more |
Theodora
July 11,
2008 |
|
| Goings on ... | |
|
No decision on CJ – logjam in Ruddy’s office … Ron Sackville’s new job … Kirbs and same sex super … Much ado in Van Diemen’s Land – wig crisis and jobs-for-favours investigation ... more |
Judges
July 9,
2008 |
|
| Heffernan v Kirby - Round 37 | |
|
Senator Wild Bill Heffernan is at it again – making whacko allegations in the senate about Justice Michael Kirby, although this time he carefully didn’t name the judge ... more |
Victoria Mole
July 8,
2008 |
|
| Partying like it's 08/09 | |
|
Vicki Mole’s law firm knows how to welcome in the new financial year – with a themed gangster night. How appropriate ... more |
Leverhulme
July 8,
2008 |
|
| London Calling | |
|
Bar incandescent with fury over depiction of barristers in Beeb’s Criminal Justice ... An army of flatfooted “community police” take to the streets … Victory for the gangs as the House of Lords sinks growing trend for courts to allow “anonymous” witnesses ... more |
| Darwin July 7, 2008 | |
| Love is in the air | |
|
Capricornia is in the crisp grip of spring, while the southern do-gooders huddle around their Emissions Trading Scheme-certified heaters. Buffalo Bruce from Darwin covers the antics of the usual northern suspects, including: Easter, Bushy, Superfish, Falstaff, Owl, Pirate and Kunstler ... more |
Judges
July 4,
2008 |
|
| Botched ADT appointment | |
|
There was a last minute scramble to rectify a gaping deficiency in Justice Wayne Haylen’s appointment as a deputy president of the NSW Administrative Decisions Tribunal. So that the judge could hear disciplinary cases against lawyers, he had to be rescued with an emergency judicial elevation. Revised version ... more |
Wendler on Wine
July 4,
2008 |
|
| Meat pies and Grange | |
|
Wine buff G.D. Wendler remembers modest Max Schubert and asks why we prefer to worship Grange Hermitage rather than just drink the stuff? ... more |
Roger Fitch Esq
July 4,
2008 |
|
| Our Man in Washington | |
|
Roger Fitch in Washington celebrates Independence Day with the latest talk on torture as Addington and Yoo front the House Judiciary Committee … No surprises in Roberts’ and Scalia’s dissents in the most recent habeas decision … The Bush-Cheney team have only 200 days left in which to wreak havoc ... more |
Court in the Act
July 2,
2008 |
|
| Knock down personal injury specials | |
|
The NSW Law Society wants lawyer advertising rules to be liberated, while keeping tight control of what constitutes “legal work”. As a recent Supreme Court judgment shows both restraints are locked in an awful embrace ... more |
Elizabeth Street
June 26,
2008 |
|
| Solicitors' Stockholm Syndrome | |
|
Once you look past the rheumy eyes, the outcrop of ear hair, and the thinning grey sweep-over, some of those desiccated barristers begin to look quite cute to young female solicitors who are cooped-up with them for days on end ... more |
Sir Terence O'Rort
June 26,
2008 |
|
| Berna's poolside splash | |
|
Justice Berna Collier goes down in a planning appeal against “overbearing” Hamilton Hill development. Sir Terence O’Rort contrasts this brutal decision with Her Honour’s sensitive treatment of a couple of “assistance animals” ... more |
Court in the Act
June 23,
2008 |
|
| A beam of light down the black hole | |
|
US Supreme Court has said the federal courts can have the bodies of the Guantánamo prisoners, and a lot more besides. The Boumediene decision further unravels the Bush administration’s carelessly stitched terrorism laws ... more |
Evan Whitton
June 23,
2008 |
|
| The absurdity system | |
|
Sinking the slipper … The circularity of “reasonable doubt” ... And three procedural reforms guaranteed to improve public approbation for the law ... more |
Victoria Mole
June 20,
2008 |
|
| Open plan - Closed mind | |
|
Vicki Mole finds open plan law firm architecture unattractive. It hinders attention to detail, analysis and clarity … but it’s perfect for yapping about Big Brother ... more |
Leverhulme
June 20,
2008 |
|
| London Calling | |
|
Leverhulme deflates earnest Guardian government job ads … debunks a consultant on “effective networking” ... and deconstructs a course for lawyers on how to ask clients for more work ... more |
Around The Firms
June 20,
2008 |
|
| Accounting errors | |
|
The Keddies overcharging investigation in The Sydney Morning Herald shoots a large hole in the the legal profession’s campaign for more compo for personal injury clients. The revelations are ammunition for those who say that personal injury litigation is often more about the lawyers than the injured ... more |
Bar Talk
June 18,
2008 |
|
| What was on Patrick Power's computer? | |
|
The misery and woe are not over yet for former NSW crown prosecutor Patrick Power. Repellent material emerges in striking-off reasons. The NSW Court of Appeal inferred that Power tampered with the evidence and perverted the course of justice ... more |
Tulkinghorn
June 16,
2008 |
|
| Victoria's civil justice review - same old stuff | |
|
Trust Tulkinghorn not to be enthusiastic about Dr Cashman’s review of civil justice in Victoria. The report draws extensively on the UK Woolf “reforms” ... and what good have they produced? ... more |
Roger Fitch Esq
June 15,
2008 |
|
| Our Man in Washington | |
|
Supreme Court says habeas applies to Guantánamo prisoners and that the law that suspended it is unconstitutional … All eyes have been on the Pentagon remake of the long-running show 9/11 ... Same cast – different roles ... more |
City Desk
June 14,
2008 |
|
| Can General Patten rescue the House of Ngo? | |
|
How come David Patten, acting Supremo and former leader of the NSW Liberals, has been given the job of inquiring into the conviction of political assassin Phuong Ngo? Alex Mitchell ponders some of the judge’s recent decisions ... more |
Critics' Corner
June 11,
2008 |
|
| Revolting | |
|
The Bill Henson girlie photo drama set off a wave of legal advice and opinions. Now that the mist is clearing it’s time to check whether we’ve been enlightened by the “debate”. Our team at Critics’ Corner reviews the tangled mess that happens when art collides with law ... more |
Barry Lane
June 10,
2008 |
|
| Physicians not healing themselves | |
|
Some rather dangerous doctors have been let loose on the community. Recently we’ve had Reeves and Patel and in Britain there’s the notious Shipman case. The damage might have been averted earlier if there’d been an open national register of complaints and findings against medicos. Over to you Lillian ... more |
Leverhulme
June 6,
2008 |
|
| London Calling | |
|
Leverhulme is beside himself about the crazy onslaught of political correctness. He’s disturbed by developments Down Under and in the Old Dart. And Viscount Norwich bemoans the loss of important freedoms, like drink driving ... more |
Elizabeth Street
June 6,
2008 |
|
| Mrs Crankypants | |
|
Poor defenceless Lizzy Street has the secretary from hell and there’s nothing she can do about it. Years ago Mrs Crankypants worked out the formula for a cushy life in a law firm … and she’s sticking to it ... more |
Theodora
June 5,
2008 |
|
| Goings on ... | |
|
Gageler bites Lord Eldon on the bum … Bar rules problem made to vanish … Defamation fallout – Mercedes Corby and Judy Davis … Caught by the catchwords … Where’s Tubby’s horse flu report? ... more |
City Desk
June 5,
2008 |
|
| Land blights | |
|
The governing body of the NSW Aboriginal Land Council will hold a special sitting in Legislative Assembly on Tuesday (June 10) to mark the 25th anniversary of the promulgation of the Aboriginal Land Rights Act, but not everyone will be celebrating. Alex Mitchell explains why ... more |
Evan Whitton
June 3,
2008 |
|
| The defence lawyer's challenge | |
|
Whitton-at-Large. Out and about at the MCA and a slo-mo cartoon on “significant reactions” to the O.J. Simpson case … Does it matter that judges sleep during trials? For the most part, probably not. They are supposed to be “headpieces filled with straw” ... Sydney Pollack’s Three Days of the Condor is among the foremost of his many monuments ... more |
Roger Fitch Esq
June 2,
2008 |
|
| Our Man in Washington | |
|
Guantánamo unravelling … Bush admin sacks judge mid-trial for being too fair and independent … Canadian Supreme Court finds Gitmo process illegal … Administration planning election year war crimes spectacular … CIA station chief in Milan still on the run ... more |
Victoria Mole
June 2,
2008 |
|
| Bloody billing day | |
|
Melbourne law firm blogger Vicki Mole finds billing a mystery. Her adjustments are based on “ethical guesstimates”: Slow when walking in heels … Fast on the multi-tabbed browsing. Yet some things just don’t add up ... more |
Court in the Act
May 30,
2008 |
|
| High Court admonished | |
|
President of the New South Wales Court of Appeal Keith Mason delivers a well deserved clip on the ear to the “haughty” and “blinkered” High Court ... more |
Around The Firms
May 29,
2008 |
|
| Post-it pedantics | |
|
Should document retention policies extend to the Post-it note and other forms of smoke signals? The forensic experts are being called in to advise on how tiny disposable documents can be factored into data management systems. Kate Gibbs has drum ... more |
Elizabeth Street
May 29,
2008 |
|
| Personality disorders on the bench | |
|
Lizzy Street, our Sydney law firm blogger, appears before a beastly judge. Where’s the sisterhood when you need it? ... more |
City Desk
May 28,
2008 |
|
| Body in the bath unplugged | |
|
The murder conviction of Henry Keogh 13 years ago has become a celebrated cause in South Australia. Despite findings of flawed forensic evidence, Keogh has been unable to get his case reopened. Arrayed against him are political intransigence and unmoved appeal judges. Jonathan Gadir follows the twists and turns of the Keogh case ... more |
Leverhulme
May 24,
2008 |
|
| London Calling | |
|
Howls of indignation as old guard seethes over Cherie Blair QC’s Speaking for Myself. The Brits put on an impressive display of envy and snobbishness to greet the autobiography ... more |
Around The Firms
May 23,
2008 |
|
| Professional ethics or protecting the patch? | |
|
Just as things are warming up for insolvency practitioners they conjure a code of practice designed to stay the hand of the Fast Eddie’s of liquidation. Justice Bob Austin complains about “some uncomfortably long liquidations”. Kate Gibbs reports ... more |
Theodora
May 22,
2008 |
|
| Goings on ... | |
|
Too much disclosure is never enough on the High … Magistrate washes out potty mouth … Yarraside’s acting judges drama … “Judicial disengagement” explored … Punch out ... more |
Roger Fitch Esq
May 17,
2008 |
|
| Our Man in Washington | |
|
Guantánamo trials in crisis – legal adviser sacked for wanting torture evidence to be admitted and prosecutors quit in disgust over government meddling. Law of terror correspondent Roger Fitch reports ... more |
Sir Terence O'Rort
May 16,
2008 |
|
| It's nutty up north | |
|
A stressed Gladstone solicitor is done for professional misconduct, but thrown a merciful lifeline of rehabilitation by Daphnis and the kindly souls at the Bureau de Spank. Sir Terence O’Rort reports ... more |
Victoria Mole
May 16,
2008 |
|
| Les Petits Trésors de La Firme | |
|
It’s not all misery and despair at Vicki Mole’s firm. There are a few things that make it worthwhile … like the biscuits ... more |
Tulkinghorn
May 16,
2008 |
|
| Even lawyers have to eat ... Not necessarily, replied the Cardinal | |
|
Canadian jurist urges judges to take control of cases away from lawyers … Maximising business in the criminal courts begs the question, “where do we draw the line on freeing people we know to be guilty”? ... more |
Wendler on Wine
May 14,
2008 |
|
| In vino veritas | |
|
Florida billionaire Bill Koch is convinced that rare and fine wine dealer Hardy Rodenstock is a con man. He’s chasing Rodenstock through the US federal courts and in the process some big reputations could end up in the spittoon. Sydney barrister G.D. Wendler starts his regular wine column for Justinian ... more |
Elizabeth Street
May 13,
2008 |
|
| Money, money, money | |
|
Unnecessary human misery is caused by the way law firms handle the pay question. When information about salaries starts to leak out, the despair is compounded. Sydney blogger Lizzy Street is on the front line of all the suffering. At least she has worked out that money is the root cause of happiness ... more |
Evan Whitton
May 13,
2008 |
|
| Book review: Why Sir I. Berlin cuckolded Prof H. Hart | |
|
How come Bonaparte and Innocent 111 are rated lower than Blackstone, Madison and Marshall in the ranking of those who most influenced the law? ... Three New York coppers win the trifecta and get off shooting charges … We’re now more than six years into the Afghan loser ... more |
Around The Firms
May 13,
2008 |
|
| Movement at the station | |
|
Corrs Chambers Westgarth gains two new partners this week as it bolsters its corporate and litigation work. Kate Gibbs talks to Byron Koster and Simon Crawford ... more |
Theodora
May 13,
2008 |
|
| Goings on ... | |
|
Lavatory crisis at Solicitor General’s drinks in Hobart … What is a “Marsden”? ... Newspaper wastes acres of space on Justice Paul Guest … Patrick Power back in court … Grovel to barrister but not to journalist … (Justice) Emilios Kyrou calls the shots on sex with clients ... more |
| Only in America May 7, 2008 | |
| Disabled law | |
|
Brakes applied to booming cottage industry for crippled clients … Claim that AWB’s bribery and money laundering depressed US wheat prices is dismissed … Plaintiff kings Melvyn Weiss and Dickie Scruggs head for the Big House … Pillsbury Flom reports ... more |
City Desk
May 6,
2008 |
|
| Legal Chameleons | |
|
Justinian TV takes you to the glittering Sydney opening night of Mark Tedeschi QC’s recent photographic exhibition, Legal Chameleons. Your editor says a few words about the NSW Senior Crown Prosecutor’s work as a shutterbug ... more |
Sir Terence O'Rort
May 6,
2008 |
|
| Are you still with me Bruce? | |
|
Solicitor’s email shows how the new “culture of doing law” has caught on in Brisvegas. Dangerous global life force in hot-headed missives ... more |
Around The Firms
May 5,
2008 |
|
| Oz lawyers reject BlackBerry ban | |
|
Australian lawyers share their thoughts about the BlackBerry. One US firm has banned them from meetings because they were more distracting than helpful. Kate Gibbs found a Sydney law firm partner who thinks they’re ruining people’s (sex) lives ... more |
Bar Talk
May 4,
2008 |
|
| Test Bullet | |
|
... more
|
Victoria Mole
May 2,
2008 |
|
| Get out of jail free | |
|
Our Melbourne articled clerk is bone weary with disenchantment. She’s vulnerable and in danger of discovering the “attractions” of law firm incarceration ... more |
Theodora
May 1,
2008 |
|
| Goings on ... | |
|
Another round of fun looms in VicSilk fiesta … Court nannies tinkering with transcripts … Bold move to improve clients’ duty of care to solicitors … Row over whether “mates” get justice selection jobs … More CJ rumblings … Former Allens’ chairman takes floral award ... more |
Barry Lane
April 29,
2008 |
|
| Where's the holy water when you need it? | |
|
VicAppeals points to misguided attempt by in-house solicitor to drench expert’s report in privilege. Reminder: privilege should be decided by matters of substance, not form. Barry Lane reports ... more |
Elizabeth Street
April 28,
2008 |
|
| The great client kiss-up | |
|
Lizzy, blogging inside a huge law shop, endures the firm’s cocktails with clients. Sometimes bonding can be such a bad idea ... more |
Bar Talk
April 28,
2008 |
|
| Letter from a cheesed off barrister | |
|
NSW barristers are as mad as hell and arent going to take it anymore. Missives are pouring into the Bar n Grill over the $700,000 red hole in the accounts and the proposed rules on cross-examinations. Do we submit to bailing out the bar association through increased taxes whilst ignoring the knife in our backs? asks criminal barrister John Doris. Here’s his spray ... more |
Bar Talk
April 25,
2008 |
|
| Those rotten bar rules | |
|
Experienced Sydney criminal defence barrister Gabriel Wendler scorns the proposed new bar rules that seek to make overbearing cross-examinations a matter of misconduct. In a submission to the Bar Association he puts forward an idea for a different rule ... more |
Leverhulme
April 25,
2008 |
|
| London Calling | |
|
Moses the Lawgiver. Leverhulme trawls through the highs and lows of Lord Justice Alan Moses’ career. His must-read judgment this month in the Corner House (BAE) case is a powerful reminder of the importance of a gutsy judiciary ... more |
Roger Fitch Esq
April 25,
2008 |
|
| Our Man in Washington | |
|
A.J. Liebling was right – the press is asleep on the big stories affecting our freedoms … Bush lawyers looking for soft landings in the corporate sector – although Freddo still can’t find a job … Copyright violations by Pentagon in use of rap music to torture detainees ... more |
Bar Talk
April 23,
2008 |
|
| Street of broken dreams | |
|
NSW Bar n’ Grill faces $750,000 loss … Dramatic rise in membership fees … Treasurer resigns amid a flurry of accusations … New bar rules still causing much grief ... more |
Barry Lane
April 23,
2008 |
|
| Lull in hostilities in Victoria's "serious injury" wars | |
|
The High Court in Dwyer v Calco Timbers has put an end to a delightful jig. From here on, barring more meddling by parliament, VicAppeals has to review “serious injury” applications on their merits ... more |
Evan Whitton
April 22,
2008 |
|
| Joe McCarthy lives! | |
|
Where’s lawyer Joe Welch when you need him to put the vital question to the horrid Hillary Clinton? ... Prof Barton examines Judge Posner’s thesis on lawyers’ “self-interested cartel” ... A Bill of Rights sounds good, but … Burnside’s plan to stamp out public lying should include trial lawyers ... more |
City Desk
April 22,
2008 |
|
| Noises from the rump | |
|
Nothing too bold from the Governance group at the 2020 Summit. Maybe an abundance of lawyers didn’t help. Gerard Henderson and cohorts turned up and there was more squabbling than big ideas. Still, it’s a nice change to have a government that welcomes ideas. Julian Burnside reports ... more |
Barry Lane
April 18,
2008 |
|
| A tale of two inquests | |
|
As far as the grieving parents are concerned juries have come up with the wrong version of the “truth” in the Dodi & Di and Kovco inquests … At least Mohamed Al Fayed is a hoot ... more |
Sir Terence O'Rort
April 18,
2008 |
|
| Chesty's shout | |
|
“Let the man have a drink,” cries Justice Chesty Chesterman as he removes the beverage restrictions on a former sex offender being harassed by wowser plods. It takes courage to overturn two of your own previous no drink orders. When Daphis goes to Government House in September, Sir Terence O’Rort’s money is on Chesty for CJ ... more |
City Desk
April 17,
2008 |
|
| Frank and fearless | |
|
The NSW government’s recent mauling of the DPP Nicholas Cowdery was a warning shot to any public servant who sang out of tune. Now the dust has settled and an accommodation has been reached on the appointment of an outside director to the DPP’s office. Alex Mitchell reports ... more |
City Desk
April 16,
2008 |
|
| Coopergate | |
|
Judicial selection nobbled in Tasmanian political payback … The Apple Isle awash in scandal as Attorney General flung from office for lies to parliament … Complicity of the Burst Saveloy … Toxic affairs in two Labor states – Tassie and NSW ... more |
Victoria Mole
April 16,
2008 |
|
| The female of the species | |
|
Quite quickly Vicki Mole, our Melbourne law firm blogger, has worked out that the female lawyers at her firm are either flagellators or she-men. You’ve got to have narcissism or aggression to bond with this lot ... more |
Tulkinghorn
April 12,
2008 |
|
| Smelly fees ... Pongy ethics | |
|
Money from the proceeds of crime sets the criminal defence gravy train rolling ... more |
Judges
April 11,
2008 |
|
| Kirby, God, Gayness and Judging | |
|
Those whacko letters to Michael Kirby from the vicar of Bellevue Hill … And the “conversation” in the Banco court with journalist David Marr ... more |
Roger Fitch Esq
April 11,
2008 |
|
| Our Man in Washington | |
|
Fresh torture memo by Bush lawyer unearthed … Advice on legally immunising detainee interrogators proves to be invalid … Torture trip driven from the top down … Exciting new harsh techniques devised at “brainstorming sessions” ... more |
Elizabeth Street
April 11,
2008 |
|
| Inside the fertile mind of a bored young lawyer | |
|
Liz Street, blogging from the bowels of a Sydney law shop, turns out to have some disturbing voyeuristic tendencies … she gets her rocks off on a good return of subpoena ... more |
City Desk
April 10,
2008 |
|
| Protecting our own | |
|
The law admission authorities have agreed to strict new principles to apply to overseas lawyers wanting tickets to trade in Australia. There’s trouble over NSW’s “Jonathan Sumption” dispensation clause ... more |
Hellfire Club
April 9,
2008 |
|
| Bar shifts goal posts in Punch-up | |
|
What to make of the John Punch case? Barrister found guilty of professional misconduct by Administrative Decisions Tribunal because he brought alibi evidence he knew to be untruthful. “Belief” and “knowledge” are the key concepts that in the ADT’s reasons lose their independence ... more |
| Only in America April 7, 2008 | |
| Pillsbury Flom reports | |
|
Sub-prime crisis brings on epic foul mouthed deposition outburst from mortgage flogger … Republican judges deaf to suspect’s unambiguous plea of the Fifth … Lawyer rating website upsets the lowly ranked but is protected by the First ... more |
Leverhulme
April 7,
2008 |
|
| London Calling | |
|
Outrage as European law chokes “inappropriate banter” in British pubs … Matron-in-Chief and deputy Labour leader Harriet Harman excites Willie Hague in her stab vest … The Lawyer lauds increase in women partners but only puts one woman on its awards panel ... more |
Bar Talk
April 2,
2008 |
|
| A manual for bar bullies | |
|
The new rules to curb bullying barristers are a masterpiece of chicanery. A flourish, signifying nothing much. Barristers will still be able to pull any stunt they want during cross examination, only now they have a list of official excuses. At least Hatz and Katz are in agreement ... more |
Victoria Mole
April 2,
2008 |
|
| Humans as resources | |
|
The abolition of the slave trade was a development that bypassed modern corporate law firms. The “haitch-are” people still see humans as “resources”. Articled clerk Vicki Mole bonds with an HR staffer in the hope that knowledge is power ... more |
Bar Talk
March 29,
2008 |
|
| More privilege squabbles in ongoing Stephen Archer case | |
|
There’s lots of life yet in the interminable hearings grappling with the NSW Bar’s application to remove a former multiple bankrupt from the roll ... more |
Elizabeth Street
March 28,
2008 |
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| Who's the fairest of them all? | |
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Considering that desirable female lawyers get paid five percent more than the so sos, Lizzy Street, fresh faced Sydney solicitor, agonises about how attractive is attractive enough ... more |
Bar Talk
March 28,
2008 |
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| Burbidge QC v Mrs Wolf - next round | |
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Sydney silk wants indemnity costs from his former client over her failed application for the summary dismissal of his ultimately unsuccessful constructive trust case to prise out of her a lousy $35,000 in fees ... more |
Leverhulme
March 25,
2008 |
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| London Calling | |
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Libel, prejudice and smear – British reptiles live up to the finest traditions … Dave Cameron looking for more Tory ladies, while a blue bum-bum chap offers a hand to Labour ... more |
Evan Whitton
March 25,
2008 |
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| Whitton at large | |
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More CJ speculation … VicAppeals bucks the trend and finds against lawyers’ cartel … Judges should pay for retrials arising from misdirections … Jury in the dark in Towle case … BBC series Law and Order released after 30-year suppression … Curtin was right about the sinking of the Sydney ... more |
Critics' Corner
March 25,
2008 |
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| Lights, camera, ego | |
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Three legal luminaries have flitted across the small screen this month. Charles Waterstreet, Geoffrey Robertson and Ian Callinan. Our TV critic I. Box reviews their performances ... more |
Roger Fitch Esq
March 23,
2008 |
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| Our Man in Washington | |
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As President Bush vetoes an anti-torture Bill the CIA pays liability insurance for its employees who face the prospect of lawsuits over their “harsh interrogation techniques” ... Further discredit for military commissions as the government is found to have doctored Guantánamo trial documents ... more |
| Groper March 21, 2008 | |
| Postings from Perth | |
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Malcolm McCusker’s disagreement over “findings” by the Comic Capers Commission will probably see Gorilla Grill merrily skipping from Rooster Cock’s charges. Everything is dandy at the Wild West zoo ... more |
| Only in America March 19, 2008 | |
| Inside the glass house | |
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Sub-prime melee gives ailing securities bar a much needed leg-up … Long-winded Exxon Valdez litigation sends many plaintiffs and lawyers to their graves ... A responsive chord stuck as Mike Huckabee equates gay love to bestiality … Class action legend Dickie Scruggs guilty of conspiring to bribe a judge. Pillsbury Flom reports ... more |
Victoria Mole
March 19,
2008 |
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| The absurdity begins | |
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Melbourne articled clerk Vicki Mole blogs every fortnight for Justinian, keeping us abreast of her most minute thoughts as she plonks her Jimmy Choos on the up-escalator of a beautiful career ... more |
| Poz Vacant March 17, 2008 | |
| Let your creative juices flow | |
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Justinian is ceaselessly expanding its team of field-agents and contributors. Currently we’re searching for a couple of lawyers who can blog behind the iron curtain of their law firms ... more |
City Desk
March 13,
2008 |
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| Tripod man needs a better Crippsing | |
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The palsied NSW Opposition might land a few blows yet on Joe Tripodi and his shop soiled mates who get plum government jobs. ICAC whimped it, but the pong lingers. Alex Mitchell reports ... more |
Tulkinghorn
March 12,
2008 |
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| What do lawyers actually do? | |
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“Lawyers and lawyering” is defined to mean whatever you want it to mean. In fact, most of the profession isn’t practising law at all. It doesn’t matter, as long as lawyers have a monopoly on whatever it is they do ... more |
Leverhulme
March 12,
2008 |
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| London Calling | |
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There is no cure for this disease – the ever spiralling law school fees. Even worse, the plans to cease the helpful open exam book crease… It must be spring, Leverhulme bursts into verse ... more |
Polly Peck
March 11,
2008 |
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| Capital Offences | |
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Government’s legal advice eludes Soapy Brandis … Commissioner Kelpie insists that $7.5 million later Haneef is still under investigation … But, strangely, the top copper goes into bat for Stephen Keim … DFAT runs up legal costs of $346,000 trying to skewer Downer enemy Trent Smith ... more |
| Darwin March 8, 2008 | |
| Capricornia capers | |
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Top End political contortions … Cadaver Cavanagh’s generous spirit hidden from the masses … Court of Appeal unmoved by Ramjet’s complaints about Judge Dredd … Bureau de Spank totters to the rescue … Euthanasia reprise ... more |
City Desk
March 6,
2008 |
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| You'll get sick if you catch this wog | |
|
The Greeks had a word for it – “kakistocracy”, or government by the worst elements in society. Alex Mitchell reviews the career of one of NSW’s kakistocrats, Joseph Guerino Tripodi ... more |
Roger Fitch Esq
March 4,
2008 |
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| Our Man in Washington | |
|
If Gitmo closes what becomes of the inmates? Refoulement is the answer, i.e. even worse US prisons in Afghanistan … Lawyers who advised the administration on torture now under (soft) investigation … Bush lawyers at DoJ advising Iraqis on “justice and the rule of law” ... more |
| On the Couch February 29, 2008 | |
| Burke's frontyard | |
|
Tony Burke is the president of the Law Institute of Victoria. Sleek on the outside and underneath, he’s keen to share some information about his calves ... more |
Theodora
February 28,
2008 |
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| Goings on ... | |
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Einfeld trial goes to Supreme Court … Changing of the guard in Van Diemen’s Land … Accusations of ethical lapse by ethics centre … Sharing and caring at the NSW bar n’ grill … Outpost of Dow Jones empire latest not to review Murdoch sex and money tome ... more |
Judges
February 27,
2008 |
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| Jobs ahoy | |
|
Alex Mitchell brings news from the Rialto that an eminent member of the Faithful is to be sacrificed on the altar of the NSW Industrial Relations Commission ... more |
Evan Whitton
February 26,
2008 |
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| A fine spray | |
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Evan Whitton unbundles his thoughts about ennui on the High Court; British “values”; our great and powerful friends; the notion of jury “prejudice”; the ink stained world of journalism; and the now extinct P.P. McGuinness ... more |
Barry Lane
February 25,
2008 |
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| Judges, the common law and "evil activists" | |
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Barry Lane in Melbourne says the alarm about judicial activism being raised by the likes of Janet Albrechtsen is false. Much of the time elected politicians are begging unelected judges to “legislate” ... more |
Leverhulme
February 25,
2008 |
|
| London Calling | |
|
The duelling diaries of a star silk and a name-dropping socialite businessman … The horrendous Dixie murder case and the unhelpful Aussie coppers … Senior moments ... more |
Roger Fitch Esq
February 21,
2008 |
|
| Our Man in Washington | |
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“Guantanamo Six” military commission trial is the opening shot in Republican election year strategy … Yet there’s a problem – most of the alleged “war crimes” occurred before there was a war … Administration’s torture definition finds its roots in health benefit policy ... more |
The Howards
February 21,
2008 |
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| Janette Howard's Diary | |
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What on earth has happened to John and Janette Howard? Their absence from the daily polity opens a wretched hole in our lives, which fortunately we are now able to fill. Justinian has secured the exclusive rights to publish instalments of Janette Howard’s carte blanche secret diary ... more |
Sir Terence O'Rort
February 20,
2008 |
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| Ethics Smethics | |
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Sir Terence O’Rort is an old fashioned sort of Queenslander and of the view that if lawyers err there is no room for redemption. He’s got the Kilroy and Keim cases in his sclerotic sights ... more |
Judges
February 20,
2008 |
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| Farewell Sir Lancelot | |
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He’s done 10 years and he’s off. Justice Lance Wright bows out as head of the NSW Industrial Relations Commission. Alex Mitchell pens a farewell ... more |
Polly Peck
February 16,
2008 |
|
| Capital Offences | |
|
Delegates could scarcely finish their sentences at the big Judicial College sentencing corroboree in Canberra … Plenty of eternal gratitude at recent ACT Supreme Court swearings-in … And a moist eyed send-off for Justice Terry Connolly ... more |
Judges
February 14,
2008 |
|
| Judicial activism | |
|
The rump of Australian neo-cons warns us of the “evils of judicial activism” – and if anyone can sniff out this evil it’s newspaper pundit Janet Albrechtsen. Justice Robert French, from the Federal Court, defends the patch in this Justinian webcast of proceedings at the Gilbert + Tobin Centre’s recent constitutional knees-up ... more |
Leverhulme
February 13,
2008 |
|
| London Calling | |
|
Prison secretly taped lawyer-inmate conversations – Lord Robbo livid … Jonathan Sumption’s Dad dies … Fat Indian law firm heads to London … Cold case review brings out a change of colour ... more |
On the Couch
February 12,
2008 |
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| Justice Jane Mathews | |
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The first woman judge of the NSW Supreme Court is on the couch ... more |
Court in the Act
February 11,
2008 |
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| Rub-a-dub-dub, experts in a tub | |
|
“Hot-tubbing” of expert witnesses in NSW has been such a success in reducing costs and speeding-up civil cases that ways and means are to be explored of introducing judge-run concurrent evidence into criminal trials. From Ginger Snatch (judges’ associate) ... more |
Roger Fitch Esq
February 8,
2008 |
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| Our Man in Washington | |
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The Attorney General says the US can torture if it likes … The proposed American Freedom Agenda Act says the US can kidnap if it likes … Over at Guantanamo smart new portable court rooms have been installed … Pentagon bunglers mistakenly hand over “secret” evidence to the visiting press ... more |
Barry Lane
February 7,
2008 |
|
| If only they'd stuck to their knitting | |
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At law school they don’t teach the rule against borrowing short and investing long. Not to worry, the bear market has taught members of that special breed – the lawyer turned bizoid – a useful lesson ... more |
Tulkinghorn
February 4,
2008 |
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| How can we rescue the rich if we don't have sentencing discretion? | |
|
A Deal or No Deal system of sentencing criminals would be fairer than the present arrangement, where offenders simply pay to get the best deal ... more |
Theodora
January 31,
2008 |
|
| Goings on ... | |
|
Senior Crown Prosecutor captures a collection of legal chameleons … Spiggsy lauds the Sydney litigation vortex – other states can drop dead … Television tribulations fired the soul of new Law Society president … Soapy Brandis thinks only Liberals value the rule of law … Fresh legal affairs man at the Financial Review ... Court productivity figures ... more |
Evan Whitton
January 29,
2008 |
|
| Whitton is back | |
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Few are spared as our esteemed columnist returns with barbs, swipes and japes: Debbie Kilroy … Barker’s submission in the Einfeld case … Neville Chamberlain and John Howard … President Soeharto … Spigs for CJ on High … And the sorry history of price-fixing penalties ... more |
Leverhulme
January 29,
2008 |
|
| London Calling | |
|
Allegation of murderous conspiracy raised by al-Fayed’s counsel at the Diana Inquest … A good moment to recall Sir Patrick Hastings’ cross-examination technique … Damages for the hurt feelings of lesbian lance bombardier overwhelm those for a legless one ... more |
| On the Couch January 26, 2008 | |
| Crossword Test | |
|
Nunc libero est, sagittis et rutrum vitae, dignissim quis lectus. Praesent lobortis dignissim risus, et porta felis euismod ut. In rutrum tempor ornare. Suspendisse potenti. Suspendisse fringilla tortor posuere urna rutrum vulputate. ... more |
City Desk
January 25,
2008 |
|
| ALP lolly-shop | |
|
FOI details emerge on George Newhouse’s dodgy nomination for Wentworth. Anyway, what was he doing on the Consumer Trader and Tenancy Tribunal in the first place? ... more |
On the Couch
January 23,
2008 |
|
| Anna Katzmann | |
|
Ms Katzmann’s driving ambition is to be on the bench of the rugby league judiciary. Instead, she’s ended up with second prize – President of the New South Wales Bar Association ... more |
On the Couch
January 22,
2008 |
|
| Hugh Macken | |
|
Hugh Ignatius Macken celebrates his arrival as the president of the Law Society of New South Wales by going couchant avec Justinian. We discover he’s a huntin’ n’ fishin’ sort of guy ... more |
Roger Fitch Esq
January 22,
2008 |
|
| Our Man in Washington | |
|
Great law is being made. While the Padilla v Yoo torture case is attracting much commentary, the Republican stacked DC Court of Appeals has come to the aid of the administration with a finding that “mistreatment” of enemy prisoners is legally acceptable. The court went one better and said that an enemy alien is not “a person” ... more |
Theodora
January 21,
2008 |
|
| Goings on ... | |
|
Attorney General summons the Priest … Tourette’s tirade in SA Supreme Court … Keane for CJ … Tubby wants the poor to give money to the rich … Dressing down for Mallesons’ all-nighters … Sackville shaves Archibald’s C7 bill ... more |
| Darwin January 15, 2008 | |
| Emergency Response | |
|
Brokeback activities catching-on among Top End lawyers … Much shuffling of deckchairs … All the right people offended by Tubby Callinan’s tour de force speech at the Bar n’ Grill dinner ... more |
Leverhulme
January 14,
2008 |
|
| London Calling | |
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Leverhulme in Ireland asks, who’s cleaning Poland? ... Law Society president opposes self-regulation of the profession … Mrs Tiger Woods awarded a five-star Irish grovel ... more |
Roger Fitch Esq
January 8,
2008 |
|
| Our Man in Washington | |
|
Bush’s legal regime continues to unravel as torture and black site prisons bring on more litigation … Meanwhile, the list of disaffected and departed Gitmo military lawyers continues to grow ... more |
Bar Talk
January 7,
2008 |
|
| Advocates Immune Deficiency Syndrome | |
|
The advocates’ immunity has sprung some leaks. The holes must be plugged otherwise brave, but careless, litigators will be rooned ... more |

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