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Tulkinghorn Articles from 2009
Read Articles from Year > 2010 > 2009 > 2008 > 2007 > 2006
Tulkinghorn    December 3, 2009  
Kable barks at ex parte

IFTC v NSW Crime Commission ... High Court’s thinking on ex parte procedures … When ex parte proceedings are converted to proceedings on notice duty of full disclosure evaporates … Why should that be so? ... more

Tulkinghorn    November 7, 2009  
Value billing

Does better lawyering achieve better results? ... If it doesn’t, should clients pay more for it? ... The US CJ sticks his oar in … Value billing – even more upside than time billing? ... more

Tulkinghorn    October 16, 2009  
Law, politics and a Charter of Rights

Law as an extension of politics … Objection to a Charter of Rights on the grounds that it would drag judges into the political arena … But judges are doing politics already ... more

Tulkinghorn    September 23, 2009  
The Good Samaritan

Attorney General McClelland is barking up the wrong tree … Lawyers have not done themselves a disservice … Lack of clarity and gobbledegook suit them down to the ground … Ethical rules are about legitimising bad behaviour … Tulkinghorn lets fly ... more

Tulkinghorn    September 1, 2009  
Right to silence

The right to silence in criminal cases is a huge money spinner for defence lawyers … Tulkinghorn gets to grips with the ethical issues … Apart from the accused there are other “stakeholders” in a fair trial ... more

Tulkinghorn    August 11, 2009  
Success fees

Queensland log-rollers to lose their success fees … Happily lawyers can keep theirs … Tulkinghorn goes to the heady days of the 1850s to trace the modern history of lawyer “success fees” ... more

Tulkinghorn    July 20, 2009  
More bumf means more value

The economics of lawyering … Lawyers who create lots of bumf can increase the GDP by reducing certainty … Tulkinghorn explains how this notion works ... more

Tulkinghorn    July 1, 2009  
The barrister cartel

How Australia inherited barristerial rorts from the Old Dart … Latest ABS figures show Australian barristers have profit margins four times that of US drug companies … Up there with cocaine dealers ... more

Tulkinghorn    June 11, 2009  
Jury reform hobbled by truth problem

Secrecy and lack of reasons mean juries can be as irrational as they like … A process based on unwise assumptions … South Australian DPP says it’s time for change … Should judges sit with juries or in them? ... more

Tulkinghorn    May 20, 2009  
Criminal law and the Baroque

One criminal trial efficiency report bombed out, so let’s have another. Maybe NSW should subcontract Queensland to run its criminal cases ... more

Tulkinghorn    April 30, 2009  
Mooning access to justice

The Senate Legal and Constitutional Affairs Committee is to make recommendations on seven terms of reference … The Devil gave Bedazzled’s Stanley Moon seven wishes … When it comes to “access to justice” will the committee be able to do any better than Stanley? ... more

Tulkinghorn    April 6, 2009  
The intent to commit a mistake

“I had no idea my fees speedo was so badly calibrated” ... The plebs commit crimes while their betters only make mistakes … The criminality of gross overcharging ... more

Tulkinghorn    March 16, 2009  
Very thoughtful sentencing

Penalties for judges. On the eve of the Mensch’s sentencing Tulkinghorn finds one judge who wasn’t charged with perjury. At what point does equality before the law start? ... more

Tulkinghorn    February 25, 2009  
Judges - making it up as they go along

How genuine is the process of judicial reasoning? National Judicial College in Canberra grapples with whether judging is more art than science. Maybe any person who can reason is capable of judging ... more

Tulkinghorn    February 4, 2009  
Supersize the fees, please

The difference between “reasonable” costs and “not unreasonable” costs. Questions that should be asked about legal fees for banks’ lawyers ... more

Tulkinghorn    January 17, 2009  
Bono for lawyers

Tulkinghorn drums up a host of authorities to support his scepticism about the virtues of pro bono lawyering. Access to justice is not promoted by pro bono work ... more