Welcome to the November edition of the AUSPUBLAW Australian Public Law Events Roundup.

Before we get to the roundup, we would like to draw your attention to the Holt Prize, an excellent opportunity for early career academics. The Prize is awarded every two years to a first-time author of an unpublished legal work of an academic or practical nature. The winner will receive a $12 000 cash price and a publishing contract with The Federation Press. The deadline for submissions is 31 March 2017. For more information, see the Federation Press website.

Remember, if you have an AUSPUBLAW opportunity, conference or significant public lecture that you would like included in this roundup, please contact us at auspublaw@unsw.edu.au. 

RightsTalk: Reflecting on 30 Years of Human Rights in Australia

Australian Human Rights Commission

Date: 2 November 2016

Time: 5–7:00pm

Location: AHRC, Level 3, 175 Pitt Street, Sydney

To mark the 30th anniversary of the Australian Human Rights Commission, the Commission is hosting two inspiring RightsTalk events.Join Commission President Professor Gillian Triggs at the first 30 Year Anniversary RightsTalk on Wednesday 2 November.

Featuring keynote address from Dr Elizabeth Evatt and guest panellists Chris Sidoti and Rosemary Kayess, this RightsTalk event will reflect on key achievements and lessons learned from 30 years of human rights in Australia.

For more information and to register, see the website. 

Section 18C of the Racial Discrimination Act 1975 (Cth): A Debate

The Constitutional Centre of Western Australia

Date: 3 November 2016

Time: 6–7:00pm

Location: 40 Havelock St, West Perth.

Section 18C of the Racial Discrimination Act 1975 (Cth) has been the subject of much recent political and media discussion. This seminar will explore a wide range of issues including arguments in favour and against s 18C. The debate will be chaired by Grant Donaldson SC (Barrister, Fourth Floor Chambers), with Lorraine Finlay, Lecturer (Murdoch University) Tomas Fitzgerald, Senior Lecturer (University of Notre Dame Australia) as speakers.

For more information and to book, see the website.

Seminar: Decision-making in Crisis: The Inevitability of Disasters

Mark Crosweller AFSM, Emergency Management Australia

Australian Institute of Administrative Law

Date: 4 November 2016

Time: 12:30–1:30pm

Location: Level 5, 4 National Circuit, Barton, ACT

Mark Crosweller is the Director-General of Emergency Management Australia, at the Attorney-General’s Department. In this role, he is responsible for the coordination of Australia’s response to crises, including natural disasters and terrorist or security related incidents both domestically and internationally.

This seminar will consider the inevitability of disaster and propose a set of principles to consider when making decisions in crises, in order to change the outcome of the crises.

This event is free, but RSVPs are essential. Please send your RSVPs to aial@commercemgt.com.au by 12PM, 3 November 2016.

Conference: Law and Courts in an Online World

Courts and Tribunal Academy

Sir Zelman Cowen Centre

Date: 8–9 November 2016

Location: Melbourne, Australia

The Law and Courts in an Online World conference is designed to bring the legal sector together to explore the ways in which disruptive change and emerging business models are reshaping law and legal institutions, and how we can improve access to ‘justice for all’ via technology.

For more information, see the website.

Seminar: Indigenous Recognition

Research Seminar Series

University of Southern Queensland

Date: 9 November 2016

Time: 12:30–1:30pm

Location: Wonderly & Hall USQ Moot Court Q420 & Conference to B434 Springfield

Professor Simon Young and Dr Jeremy Patrick, School of Law and Justice, USQ and Dr Jennifer Nielsen, School of Law and Justice, Southern Cross University.

For more information, see the website.

The 2016 ANU Annual Reconciliation Lecture

‘Moving Through the Post-Colonial Door’

The Honourable Jody Wilson-Raybould OC, QC, MP

ANU College of Law

Date: 9 November 2016

Time: 5:30–6:30pm

Location: Molonglo Theatre, JG Crawford Building, ANU

Canada is coming to terms with its colonial legacy and its treatment of generations of Indigenous peoples.

As an Indigenous woman, a former Crown prosecutor and a former Regional Chief of the British Columbia Assembly of First Nations, the Honourable Jody Wilson-Raybould has long been an advocate for change. Now as Canada’s first Indigenous Minister of Justice and Attorney General, Minister Wilson-Raybould has a unique perspective on how to rebuild the nation-to-nation relationship between Indigenous peoples and the Canadian government – and ultimately all Canadians.

In the 2016 ANU Reconciliation Lecture, Minister Wilson-Raybould will draw links between the Canadian and Australian experiences and make the case that effecting positive change in Canada’s relationship with Indigenous peoples is the only way to reach true reconciliation – what she refers to as ‘moving through the post-colonial door’. As with all her colleagues in Prime Minister Justin Trudeau’s cabinet, Minister Wilson-Raybould is mandated to support the renewal of this relationship, based on recognition of rights, respect, co-operation, and partnership.

For more information and to register, see the website.

Seminar: ‘The Implicit and the Implied and a Written Constitution’

Jeffrey Goldsworthy (Monash)

Public Law and Policy Research Unit, University of Adelaide

Date: 9 November 2016

Time: 5:30–7:00pm

Location: Level 5, Ligertwood Building, University of Adelaide

The Public Law and Policy Research Unit (University of Adelaide), together with the South Australian Chapter of the Australian Association of Constitutional Law are pleased to present Professor Jeffrey Goldsworthy speaking on The Implicit and the Implied in a Written Constitution.

Jeff Goldsworthy is currently a visiting scholar at Adelaide Law School. He is among Australia’s leading constitutional scholars and legal philosophers. His work is frequently cited by the High Court. In this paper, he will explore the principles and techniques used to discover, create and interpret implicit and implied norms in written constitutions.

For more information, see the website.

UQ Law Lecture Presented by Professor Helen Scott

TC Beirne School of Law

Date: 10 November 2016

Time: 12:30–2:30pm

Location: Minter Ellison, Brisbane

The South African law of delict has its roots in the uncodified civil law of pre-codification Europe. Thus it preserves to a remarkable degree the terminology and conceptual structure of Roman law. On the other hand, the South African law of delict has also been profoundly influenced by English law, during its formative period in the late nineteenth and early twentieth centuries. As a result, the modern South African law of delict is relatively accessible to common lawyers: not only does South Africa recognise a version of the doctrine of precedent; the law of delict in particular incorporates English doctrines such as vicarious liability, the discrete treatment of liability for negligent omissions and negligent misstatements, and a distinct law of defamation. A third major influence can be identified in the constitutionalisation of the South African law of delict over the course of the last two decades, through the mechanism of section 39(2) of the Bill of Rights. This has led to the rapid expansion of delictual liability in South Africa, particularly as against the state, as the courts seek to give indirect effect to a range of fundamental rights. It has also tended to destabilise the law

For more information and to register, see the website.

The Law of Deliberative Democracy by Professor Graeme Orr and Dr Ron Levy

Book release, presented by Dr Rob Levy

Electoral Regulation Research Network (Vic)

Date: 10 November 2016

Time: 1–2:00pm

Location: Room 920, Melbourne Law School

Laws have colonised most of the corners of political practice, and now substantially determine the process and even the product of democracy. Yet analysis of these laws of politics has been hobbled by a limited set of theories about politics. Largely absent is the perspective of deliberative democracy – a rising theme in political studies that seeks a more rational, cooperative, informed, and truly democratic politics. Legal and political scholarship often view each other in reductive terms. This book breaks through such caricatures to provide the first full-length examination of whether and how the law of politics can match deliberative democratic ideals.

For more information and to register, see the website.

JSI Seminar Series: The Phenomenological Presupposition of Law

Dr Mark De Leeuw

Julius Stone Institute of Jurisprudence

Date: 10 November 2016

Time: 6–8:00pm

Location: Seminar Room 403, New Law Building, Sydney Law School

The Phenomenology of Law (Rechtsphänomenologie) seems an entirely forgotten branch of legal philosophy. Dr Marc De Leeuw’s paper (UNSW) aims to revive this tradition in the next JSI Seminar by showing that law as a normative regulatory structure presupposes a logical foundation, simultaneously law also – as an institution representing the social bond – presupposes a particular a priori ontology of the intersubjective experience of our “being with others”. He will particularly engage with the work of Husserl, Ricoeur and Levinas.

For more information and to register, see the website.

Administrative Law Forum 2016

Administrative Law in 2016: Shifting Sands or Stagnant Swamp?

Australian Government Solicitor

Date: 11 November 2016

Time: 8:15am–4:00pm

Location: Hyatt Hotel, Canberra

Administrative law is central to the functioning of the Australian Government. This forum will bring you up to date with the latest developments in administrative law and the practical implications for Commonwealth decision-makers and lawyers. You will hear about:

  • key themes emerging from recent case law on judicial review grounds and remedies
  • when a decision-maker can re-make a decision
  • updates on delegations and authorisations and current international law perspectives
  • procedural fairness after legitimate expectations and the latest on unreasonableness as a ground of judicial review
  • current issues in AAT practice
  • Soft Law – effective regulation.

Expert speakers include the Hon Justice Gordon, Dr Greg Weeks and AGS’s leading counsel and administrative law lawyers, who have extensive practical experience assisting Commonwealth decision-makers and defending Commonwealth decisions in courts and tribunals.

For more information, see the brochure available here.

 

Book Launch: Military Justice in the Modern Age

By Alison Duxbury and Matthew Groves

University of Melbourne

Date: 11 November 2016

Time: 4:30–5:45pm

Location: Staff Common Room, Level 9, Melbourne Law School

The Asia Pacific Centre for Military Law will host the launch of Military Justice in the Modern Age edited by Alison Duxbury and Matthew Groves (Cambridge University Press, 2016).

For more information and to book, see the website.

Seminar: In Conversation with Chief Justice French

An Event to Commemorate the Retirement of the Chief Justice

Melbourne University

Date: 14 November 2016

Time: 6:00–7:00pm

Location: Melbourne University Law School

A Conversation with the Hon Chief Justice French AC, Chief Justice of the High Court of Australia, moderated by Professor Carolyn Evans, Dean and Harrison Moore Professor of Law, Melbourne Law School.

For more information, see the website.

Sydney Ideas – Beyond Accommodation: Muslims and the Law in Australia

University of Sydney Law School and Department of Arabic Language and Cultures

Date: 14 November 2016

Time: 6:00–7:30pm

Location: Law Foyer, Level 2, New Law Building, University of Sydney

Associate Professor Dr Salim Farrar and Dr Ghena Krayem will consider the controversial question of recognition of Shari’ah and Muslim cultural identities under Australian law in the contexts of fears of Islamist terrorism as well as the increasing securitisation of Muslims.

They will argue that, notwithstanding Australian law and society’s concerns with equality, neutrality and human rights, simultaneous attempts to address Islamist extremism and excess are unlikely to succeed unless Muslims are motivated to believe they are an integral part of the society they live in. Acknowledgement by judiciaries of the relevance of their religious and cultural identity, they argue, will be a sufficient step in that direction and without any need for a parallel justice system.

They maintain this will not only be consistent with Australia’s liberal democratic tradition, it will also be symbolic of a modern and inclusive society in Australia – in stark contrast to what we are now seeing in Europe.

For more information and for online registration, see the website.

Book Launch: The Law of Deliberative Democracy

Ron Levy and Graeme Orr

Date: 15 November 2016

Time: 5:30–7:00pm

Location: Queensland Supreme Court Library, Brisbane.

Laws have colonised most of the corners of political practice, and now substantially determine the process and even the product of democracy. Yet analysis of these laws of politics has been hobbled by a limited set of theories about politics. Largely absent is the perspective of deliberative democracy – a rising theme in political studies that seeks a more rational, cooperative, informed, and truly democratic politics. Legal and political scholarship often view each other in reductive terms. This book breaks through such caricatures to provide the first full-length examination of whether and how the law of politics can match deliberative democratic ideals.

The Hon Justice Peter Applegarth will launch The Law of Deliberative Democracy, by Ron Levy and Graeme Orr.

For more information and to register, see the website. 

The Jim Carlton Memorial Lecture

‘Integrity in Public Life’

The Hon Peter Baume AC

Date: 16 November 2016

Time: 6:30–8:00pm

Location: The David P Derham Lecture Theatre, Melbourne Law School

Accountability: Do programs work? (and how can we find out?) OR ‘Through a glass darkly…’ is jointly hosted by the Centre for Comparative Constitutional Studies (CCCS) at Melbourne Law School and Accountability Round Table (ART).

The speaker for the event is The Hon. Peter Baume, AC. The event will be chaired by Professor Adrienne Stone

For more information and to book tickets, see the website.

Seminar: Lifting the Veil – The Role and Ethics of the Government Lawyer

Associate Professor Gabrielle Appleby, UNSW

Date: 17 November 2016

Time: 1:00pm

Location: University of Tasmania, Faculty of Law Staff Common Room

If you look behind the veil of government you will find an impressive team of hardworking lawyers. And yet the role of government lawyers in Australia is under-theorised and under-studied. This paper considers the unique ethical challenges of the government lawyer in the distinct but interrelated roles of advocate and adviser. It will also draw from over 45 government and judicial officials to consider the ethical practice of government lawyers.

For more information, see the website.

Emerging Scholars Network Workshop

Andrew & Renata Kaldor Centre for International Refugee Law

Date: 17 November 2016

Time: 9:30am–5:30pm

Location: The University of New South Wales, Sydney

The Kaldor Centre will host a one-day workshop for network members at the Faculty of Law, UNSW.  The workshop will provide an opportunity for members to gain feedback on their research, exchange ideas and explore future research collaborations amongst the wealth of interdisciplinary expertise within the Network.

The Kaldor Centre established the Emerging Scholars Network in 2015 to support early-career scholars working in refugee studies around Australia. There are currently 52 scholars in the Network undertaking research across disciplines including law, anthropology, psychology, sociology, history, politics and development studies.

For more information, see the website.

JSI Seminar Series: Keeping Justice in its Place

Dr Daniel Halliday (Melbourne)

Julius Stone Institute of Jurisprudence

Date: 17 November 2016

Time: 6–8:00pm

Location: Common Room, Level 4, New Law Building, Sydney Law School

Most goals pursued by charitable organisations could, in principle, be pursued through the powers of the state. While charities rely on eliciting the voluntary supply of funds to pursue their goals, the state can source funds coercively, through taxation, and then allocate the revenues to similar programs to those conducted by charities. In this paper, Daniel Halliday and Matthew Harding will look into some of the reasons for preferring the state mechanism. They will do this largely by drawing on a positive account of what charity law is for, as an element of the liberal state. On their view, charity law provides protection for a range of activities through which citizens can exercise their autonomy. Relying on charities to pursue justice risks diminishing the extent to which the charitable sector can realize this function. This helps explain why the pursuit of justice should be left primarily to the state, via other branches of law. In this way, Halliday and Harding’s approach contrasts with much work in political philosophy, which lacks any kind of sustained attention for why a charitable sector ought to exist.

For more information and to register, see the website.

Kaldor Centre Annual Conference 2016

‘From Refugee Emergency to Protracted Exile: The Role of “Time” in International Protection’

Andrew & Renata Kaldor Centre for International Refugee Law

Date: 18 November 2016

Time: 9:00am–5:30pm

Location: The University of New South Wales, Sydney

The Kaldor Centre Annual Conference brings together academics, practitioners and policymakers to discuss key challenges in international refugee law. The theme of this year’s conference is ‘From refugee emergency to protracted exile: The role of “time” in international protection’. The conference will explore various aspects of refugee protection through the lens of time. What are the implications of delay and expedited procedures for refugee status determination? How does the law shape refugees’ experience of time? Do we need to rethink the notions of ‘crisis’, ‘emergency’ and ‘development’ in refugee responses?

For more information, see the website.

A Colloquium to Honour The Honourable Robert French AC

Western Australian Bar Association

Dates: 24 November 2016

Times: 8:00am–5:00 with dinner following

Location: The University Club of Western Australia, Crawley

The Association is delighted to be hosting this significant Colloquium and Dinner to honour the Hon. Robert French AC, Chief Justice of Australia.

His Honour has made an outstanding contribution to Australian society through his much celebrated career, both as a lawyer and as a Judge. He has served as a judge for 30 years, firstly of the Federal Court and latterly as Chief Justice of the High Court of Australia. In addition, he served as President of the National Native Title Tribunal.

This Colloquium, which will be held ahead of His Honour’s retirement as Chief Justice early in 2017, will bring together distinguished speakers who will trace his Honour’s influence in certain areas of the law, as well as key areas of the law developed by the “French” High Court.

All members of the judiciary and the national legal profession are warmly invited to join the WA Bar at this fitting tribute to a towering legal figure.

For more information, see the website.

 

International and Comparative Law Colloquium 2016

‘Legal Transplants in the 21st Century’

USQ School of Law and Justice

Dates: 24–25 November 2016

Times: Thursday 8:30am–5:00pm; Friday 9:00am–1:00pm

Location: USQ Toowoomba

The Colloquium aims to address the transplant and development of a human rights culture, and the reception of international and foreign law, in common law systems.

For more information, see the website.

Public Law in the Park

New South Wales Young Lawyers, Public Law and Government Committee

Date: 27 November

Time: 12.30pm-3.30pm

Location: Observatory Hill Park, Millers Point, Sydney

Peter King, barrister at Queen’s Square Chambers and former member of the House of Representatives and NSW Administrative Decisions Tribunal, will speak on the state of public law in Australia.  This talk will be followed by a picnic and discussion.  For more information, see the website.

Judges in Conversation: Human Rights and the Politics of the Veil

Melbourne Law School and the Federal Court of Australia

Date: 29 November 2016

Times: 6:00pm–7:00pm

Location: Courtroom 1 (8A), Level 8, Federal Court of Australia, 305 William Street, Melbourne

The Hon Justice Susan Kenny (Federal Court of Australia) and the Hon Justice Debra Mortimer (Federal Court of Australia) will be in conversation with Professor Ratna Kapur (Global Professor of Law at Jindal Global Law School).

For more information, visit the website.

Conference: New Ways Forward

‘Reform and Renewal in Constitutional Interpretation and Legal Education’

A Conference in Honour of Professor Michael Coper

ANU College of Law

Dates: 2 December 2016

Times: 9:00am–7:00pm

Location: University House, ANU

Michael Coper has had a distinguished career as a constitutional lawyer and educationalist, from influencing a dramatic change in the law on section 92 of the Constitution, to conceiving the pioneering Oxford Companion to the High Court of Australia, to urging law schools, nationally and internationally, to embrace a pervasive ethos of law reform, social justice and public service.

In the year of his 70th birthday, the ANU College of Law is celebrating Michael’s career by holding a conference with the general theme of reform and renewal in constitutional interpretation and legal education, using as a launch pad select aspects of Michael’s contributions in these areas. Over 20 eminent speakers will range over new and different ways of thinking about and doing law and legal education, from the vagaries of legal doctrine, to the realities of the judicial process, to the insights we can draw from biography and imagery, to the purposes and values that underpin the role of law schools.

For more information, see the website.

Save the Date: Final Courts Roundup

The Comparative Law Project, Gilbert + Tobin Centre of Public Law and the Australian Association of Constitutional Law (NSW Branch)

Date: 12 December 2016

Public Law in the Classroom 2017

Gilbert + Tobin Centre of Public Law and the Public Law and Policy Research Unit, University of Adelaide.

Date: 16 February 2016

Time: 10:30am–4:00pm

Location: University of New South Wales, Sydney

The day will be presented in three sessions, with plenty of time for discussion and sharing of practice in each. The first session will examine the way in which public law theories and values shape our teaching. The second session will showcase cutting edge teaching practices, techniques, and technologies, as well as research into public law teaching and is currently open for abstracts. The final session will be a panel discussion on the possibilities and challenges presented by the research-teaching nexus in public law.

For more information, see the website.

2017 George Winterton Memorial Lecture

‘Sir Owen Dixon Today’

Professor William Gummow AC QC

Sydney Law School

Date: 16 February 2017

Time: 6:30pm–7:45pm

Location: Banco Court, Supreme Court of NSW, Sydney

More than half a century since his retirement and nearly 90 years since he joined the High Court, Sir Owen Dixon remains at the forefront of the judicial pantheon. Yet in the period following his death in 1972 some law teachers and even judges tended, to his detriment, to associate with Dixon the epithet “legalism”; this was seen to cloak undisclosed “policy choices” and, at best, as a crippling formalism. But even a cursory reading of decisions over the last 20 years reveals continued recourse to his judgments.

This paper seeks to indicate how Dixon’s reputation was acquired and the characteristics of his thought and work which today sustain much of that reputation.

For more information, see the website.

 

Save the Date: 2017 Constitutional Law Conference and Dinner

Gilbert + Tobin Centre of Public Law

Date: 17 February 2017

Location: Art Gallery of NSW, Sydney and NSW Parliament House.

20th Commonwealth Law Conference

‘Thriving in a Global World: Building on the Rule of Law’

Commonwealth Lawyers Association

Dates: 20–24 March 2017

Location: Melbourne

The theme of the 2017 conference, “Thriving in a global world: building on the rule of law” presents a unique canvass to consider legal issues in our globalised world that both innovate and challenge lawyers practicing today.

The conference sessions will focus on current trends in Corporate & Commercial law; the legal profession; the rule of law, and other contemporary legal topics. It is the ideal venue to meet and discuss with professional colleagues topics relevant to your professional area of interest.

For more information, see the website.

Save the Date: Biennial Interdisciplinary Conference of the Transnational, International and Comparative Law and Policy Network

‘The Law and Politics of Control and Power’

Transnational, International and Comparative Law and Policy Network

Date: 26–27 May 2017

Location: Bond University, Gold Coast

A ‘call for abstracts’ will be released in December 2016 and will be due by 20 March 2017. Selected papers will be invited to submit to a special issue of the Bond Law Review, a peer-reviewed journal.

For more information, see the website.

ICON-S Annual Meeting 2017: Courts, Power, Public Law 

Date: 5-7 July 2017

Location: University of Copenhagen’s Faculty of Law and iCourts – the Danish National Research Foundation’s Center for Excellence on International Courts

The overarching theme of the ICON-S 2017 Annual Meeting will be “Courts, Power, Public Law”. The Conference will feature a keynote address as well as three plenary sessions featuring prominent jurists, intellectuals and decision-makers, and focusing on the general theme of Annual Meeting. A provisional program can be found here. At the heart of the Conference, however, are the two days devoted to the papers and panels selected through this Call.

ICON-S welcomes proposals for fully-formed panels as well as individual papers dealing with any aspect of the Annual Meeting’s theme. However, paper and panel proposals need not be limited to that theme, and may focus on any theoretical, historical, comparative, empirical, jurisprudential, ethical, behavioral, ethnographic, philosophical or practical, policy-oriented perspective related to public law, including administrative law, constitutional law, criminal law, immigration and citizenship law, human rights, and/or international law in their entire varieties, and may address domestic, subnational, national, regional, transnational, supranational, international and global aspects of public law.

Submissions due by 15 February 2017.

For more information, visit the website.

International Association of Genocide Scholars Conference 2017

‘Justice and the Prevention of Genocide’

TC Bernie School of Law and the Asia Pacific Centre for the Responsibility to Protect

Dates: 9–13 July 2017

Location: University of Queensland, Brisbane 

Nearly seven decades after the United Nations General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide, the hopes embedded in that document remain largely unfulfilled. The theme of the 2017 IAGS conference revisits the two core components of the Convention: justice for acts of genocide and prevention of future genocides.

Submissions exploring any topic related to the study of genocide are welcome, and submissions on the following themes are particularly encouraged:

  • Application of international and domestic law for justice, accountability and prevention
  • Theories and methods of prevention of genocide and mass atrocities
  • Indigenous experiences of and responses to genocide, in particular Australian Aborigines and Torres Strait Islanders
  • Cases of genocidal violence in the Asia Pacific region
  • Sexual and gender-based violence
  • Genocide and disability
  • Justice and prevention in the context of refugees of genocide
  • Representations of genocide in culture, art and museum studies
  • Genocide education
  • Genocide and human rights
  • Intersections between genocide studies and peace studies

Submissions are due 15 December 2016. For more information, see the website.