Interesting articles, speeches and podcasts
Fri May 14 2021ABA Podcast #2 - Eliminating sexual harassment at the bar - power and consent - Matthew Howard SC and Kate Eastman SC speak with Rachel Doyle QC (Barrister at the Victorian Bar) about her book "Power and consent"
Before the High Court : liability for the publication of third party comments : Fairfax Media Publications Pty Ltd v Voller by David Rolph, Sydney law review, Volume 43(2) (advance) - "argues that the media outlets may not be liable for the third party comments, at least in the absence of actual notice, by virtue of publication by omission, the proper juridical basis of which is the defendant's continuation of a third party's wrong"
Gertie's law podcast, 11 May 2021 - Manslaughter
Hart and Kelsen on international law by Professor David Dyzenhaus at University of Oxford - discusses the theories of Hart and Kelsen
Institutional adaptation and the administrative state by Yee-Fui Ng in Melbourne University law review, (2021) 44(3) (advance copy) - explores adaptation and change in the Australian administrative state (drawing on insights from historical institutionalism), "the seismic changes to executive structure and operation in the form of privatisation and outsourcing have only been partially adapted to the constitutional scheme, with a drastic reduction of legal accountability via judicial review"
Introductory remarks : Murder at Myall Creek lecture by the Honourable T F Bathurst AC at the Racial Equity Seminar - introduction to a lecture by Mr Mark Tedeschi AM QC on his book, "Murder at Myall Creek". A video of the presentation can be accessed here
Law Report (ABC) for 11 May presented by Damian Carrick - Federal Court rejects challenge to India travel ban. And rugby's no fault standdown rule
Legislative morass and the rule of law: a warning, and some possible solutions by William Isdale and Christopher Ash on Aus Pub Law - "The use (and abuse) of statutory law-making raises significant public law questions, particularly relating to the rule of law."
The many hats of Samuel Griffith, speech by The Hon Justice Andrew Greenwood, 11 May 2021
Misuse of market power – the first outcome for 'likely effect' by Joanne Jary and Nathan Cecil of Holding Redlich - the Federal Court declared by consent that Tasmanian Ports Corporation Pty Ltd engaged in conduct that had the 'likely effect' of substantially lessening competition in the markets for towage and pilotage services in Northern Tasmania
Should UK judges and ex-judges be sitting in Hong Kong? - Inner Temple Social Context of the Law Lecture by The Rt Hon Lord Neuberger of Abbotsbury and The Rt Hon The Lord Falconer of Thoroton, moderated by Guy Fetherstonhaugh QC
Surmounting the high bar : the Supreme Court sets aside deed under the Contracts Review Act by Guy Lewis of McCabe Curwood - considers In the matter of Reserve Hotels Pty Limited [2021] NSWSC 376
The Wigs Podcast from Stephen Lawrence (Black Chambers), Emmanuel Kerkyasharian (Forbes Chambers), Felicity Graham (Black Chambers) and Jim Minns - After midnight : William Broome - the British colonial judge who stayed on in independent India - discussion with Douglas McDonald-Norman