New Publications

'Will Peter Dutton Be Disqualified From The Parliament?'

On Thursday, 23rd August 2018, Robert Angyal was requested by ten daily news to write an opinion piece on whether Peter Dutton would be disqualified from Parliament. The piece needed to be completed by early Friday, well before the spill vote, and was delivered to ten daily at 5am that day. Ten daily "splashed" the piece, running it as a headline story.

The Solicitor-General of Australia issued his urgent advice on the Dutton disqualification issue at about the same time. Robert's piece (written for lay readers) reached conclusions very similar to this. 

Click here to read the full article.

2018 Legal Language Breakthrough: The Quadruple Negative

2018 has seen a Legal Language Breakthrough: The Quadruple Negative (as used against Luna Park by a certifier addressing whether construction of a new ride required development consent):

“The works cannot be demonstrated as not inconsistent with the development consents as it was unclear whether the development consents authorise the installation of new rides.”

Wow! That's ... nearly incomprehensible.

We lawyers used to think that double negatives were not uncommon, especially in legal prose. And it was not unusual for layers not to stop there, but to wheel out the big gun of the triple negative. Whammo! Take that, whether you understand it or not.

Click here to read more. 

International Law Developments in Australia

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.

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.

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.

Dr James Stellios co-authors new Constitutional Law book

Constitution of the Commonwealth of Australia: History, Principle and Interpretation

History, principle and interpretation are brought together in this new book by Nicholas Aroney, Peter Gerangelos, Sarah Murray and 6 St James Hall Chambers' Dr James Stellios. Its title directs us to the book's disclosure of the dynamic nature of constitutional law — a wavefront moved by the historical, social and political energies of our society emerging from the great body of cases and governmental practices in which the constitutional text has been construed and applied. 

The book was launched by the Chief Justice of the High Court, Justice French, on 10 October 2015. The Chief Justice's speech is available online.

http://www.hcourt.gov.au/assets/publications/speeches/current-justices/frenchcj/frenchcj_1Oct2015.pdf