Madeleine Bridgett calls for law reform to Australia's organ trafficking laws

Currently in Australia organ trafficking laws which can be found in Division 271 of the Criminal Code 1995 (Commonwealth) do not have extraterritorial effect. This means there are no provisions in Australian law to protect people from organ trafficking and organ tourism which occur overseas by Australians. 

On 23 June 2017 The Human Rights Sub-Committee of the Parliament’s Joint Standing Committee on Foreign Affairs, Defence and Trade commenced an Inquiry into Human Organ Trafficking and Organ Transplant Tourism. The inquiry examines how the Australian legal system deters organ trafficking and what more can be done to prevent this offence from occurring both in Australia and internationally.

Madeleine Bridgett, Co-Chair of the Business and Human Rights Committee for the Australian Lawyers For Human Rights (ALHR), and Kerry Weste, Vice-President of the ALHR, made submissions to the Inquiry which can be read here. 

Madeleine Bridgett was featured in today's Lawyers Weekly.

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Michelle McMahon wins landmark case on compensation rights for residential park residents in NSW

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After almost four years and eight separate proceedings, the NSW Civil and Administrative Tribunal (NCAT) awarded sums of $260,000 and $240,000 for two women who were being evicted from their residential park due to a redevelopment of the land. In the initial proceedings, NCAT determined their compensation to be $85,000 & $62,000 respectively.

A significant issue in dispute involved the statutory construction of the compensatory regime and the elements to be included for valuation, which took the matter to the Supreme Court and the Court of Appeal. Whilst this issue was being resolved, the relevant legislation was amended to broaden and clarify the compensation scheme. The Residents went back to NCAT and successfully argued that they fell within the transitional arrangements for the new law. This set the scene for a test case on how the new provisions would apply in practice.

In the final proceedings NCAT agreed that compensation should be based on a valuation of the residents dwelling under the "Point Gourde" principle being that the dwellings were to be valued as if the park were to continue in operation, was in reasonable condition and had reasonable amenities.

Michelle McMahon appeared for the residents.

Dr James Stellios presenting at ANU's 40th Anniversary of the Federal Court

From ANU College of Law:

The ANU Centre for Commercial Law and Centre for International and Public Law are proud to announce a conference to mark the 40th anniversary of the establishment of the Federal Court of Australia. Current and former Federal Court Justices, and leading academics and practitioners will consider the Federal Court’s contribution to the development of Australian law.

Dr James Stellios will be co-presenting on the Friday morning with Justice John Griffiths on the Federal Court's contribution to Australian constitutional law. Dr Stellios will also chair a session on  the Saturday, before delivering the closing remarks of the conference.

You can register for the conference here.

 

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.

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.

Liability limited pursuant to a scheme approved under Professional Standards Legislation.