International Law Developments in Australia

Dominique Hogan-Doran SC and Dr Stephen Tully contributed a report on international legal developments within Australia over the past year for the American Bar Association’s Section of International Law annual publication Year in Review. Their report can be found in (2017) 51 International Legal Developments Year in Review: 2016 at 579-82.

Dominique Hogan-Doran SC Recommended in Doyle's Guide 2017

From Dominique Hogan-Doran's website:

Dominique Hogan-Doran SC has been Recommended again in Doyle's Guide to the Australian Legal Profession as a Leading Commercial Litigation & Dispute Resolution Senior Counsel (see 2017 Rankings and 2016 Rankings).

Dr Stephen Tully helps to secure a second chance for refugee applicant

Dr Stephen Tully worked pro bono with Liz Simpson, Ali Mojtahedi and Olivia Todhunter of the Immigration Advice and Rights Centre in FTYC v Minister for Immigration and Border Protection.

In December 2016, the Administrative Appeals Tribunal affirmed a decision to refuse to grant a protection visa to an applicant on character grounds, because she had a substantial criminal record and visa refusal was considered to be the preferable decision. The applicant was arrested upon her arrival into Australia in 2010, was convicted and sentenced, and was being held in immigration detention pending deportation.

However, Australia owed non-refoulement obligations to her under international law and she faced the prospect of indefinite detention. Following a hearing before the Federal Court of Australia in June, the parties agreed to remit this matter to the tribunal for reconsideration.

Truly a team effort by all involved with a fantastic outcome for a very deserving client.

Robert Kaye SC: What to do when you're at a 50 per cent risk of blindness (you face it full on)

Jill Margo interviewed Robert Kaye SC in the Australian Financial Review:

As he ages, corporate director Robert Kaye SC is staring down his fear. He watched how a common eye disease ruined his father's life and he knows he has a 50 per cent chance of getting it too.

His father had macular degeneration, which is the leading cause of blindness and vision loss in Australia.

It increases dramatically with age. If Kaye gets it, he could lose his central vision and with it would go his ability to read, drive, recognise faces and perform detailed tasks.

At 61, his best option is to be vigilant and to hope that if he gets it, he gets the treatable form.

An interesting read and a good reminder to take care of your eyesight.

Jane Seymour appointed NSW Industrial Relations Commissioner

The members of 6 St James' Hall Chambers are delighted to congratulate our colleague Jane Seymour on her appointment as a Commissioner of the New South Wales Industrial Relations Commission.

Jane has more than 20 years’ experience in the legal fields of workplace relations, employment and discrimination law, and she enjoys immense respect among her professional colleagues,” said Treasurer and Minister for Industrial Relations Dominic Perrottet in announcing her appointment.

Ms Seymour will commence her role as Commissioner on 15 May 2017. 

Dr Stephen Tully: 'Extradition: the China Choice'

New article by Dr Stephen Tully for the ANU Asia and the Pacific Policy Society Policy Forum:

Western countries like Australia face particular challenges when seeking to extradite individuals to China. Many countries are party to the Second Optional Protocol to the International Covenant on Civil and Political Rights Aiming at the Abolition of the Death Penalty. Under this treaty, it is unnecessary to prove that individuals “will” be sentenced to death; it is sufficient that there is “real risk” that an individual would face the death penalty. The United Nations (UN) Human Rights Committee requested Australia to protect individuals from removal to China without adequate assurances that they would not be executed. To enforce an individual’s return would constitute violations by Australia of that individual’s human rights.

Robert Angyal SC: "Alternative Dispute Resolution is Dead. Long Live Alternative Dispute Resolution."

On 17 February 2017, Robert Angyal SC gave a presentation to the South Australian Law Society’s annual Forum, entitled Alternative Dispute Resolution is Dead. Long Live Alternative Dispute Resolution. The presentation discussed the profound implications of the fact that mediation has become the dominant means of resolution of civil disputes and suggested that, perhaps, going to Court should now be called “alternative dispute resolution”.

Mr Angyal is preparing a paper based on the presentation for publication.

Dominique Hogan-Doran SC & Tim Castle feature at Centre for Law, Markets & Regulation's 2017 Practitioners' Forum

6 St James' Hall's Dominique Hogan-Doran SC and Tim D. Castle were featured speakers at the UNSW's Centre for Law, Markets and Regulation's 2017 Practitioners' Forum held at the offices of King & Wood Mallesons, Sydney, on Friday 10 March 2017.

Dominique addressed on Recent Developments in Directors & Officer Duties, and also joined a Q&A panel with Justice Kathleen Farrell of the Federal Court of Australia and Centre Director Professor Dimity Kingsford Smith, which gave particular focus to the "stepping stone" approach to civil penalty liability. Access Dominique's PowerPoint Presentation.

Tim addressed on Recent Cases in Banking Law, providing inside commentary on cases of note concerning penalties, loan terms and enforcement litigation. Access Tim's PowerPoint Presentation.

Papers are available by request.

Dr Christopher Ward SC: "In Defense of the Right to Life: International Law and the Death Penalty in the Philippines"

6 St James Hall Senior Counsel Dr Christopher Ward SC recently advised the Philippines Commission for Human Rights on the legality of Philippines legislative proposals to reintroduce the death penalty in that country.

The collaborative results of that project, which was assisted by the Australian National University, are now available in the document: In Defense of the Right to Life: International Law and the Death Penalty in the Philippines.