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The latest issue of the Australian Law Journal (Volume 95 Part 7) contains the following material:

CURRENT ISSUES – Editor: Justice François Kunc

  • The Palace Papers – 1975 Revisited and a Future Australian Republic?
  • The Curated Page Continues
  • The Curated Page

Click here to access on New Westlaw

ENVIRONMENTAL LAW – Editor: Justice Rachel Pepper

  • New South Wales
  • Northern Territory
  • Queensland
  • South Australia
  • Tasmania
  • Victoria
  • Western Australia

Click here to access on New Westlaw

CLASS ACTIONS – Editor: Justice Michael BJ Lee

  • Time For Some “Rough Justice” – Federal Court Makes Common Fund Orders at Settlement Stage in Two Class Actions

Click here to access on New Westlaw

PERSONALIA – Editor: Emily Vale

  • New South Wales
  • Justice Kate Williams
  • Appointment of Senior Counsel
  • South Australia
  • Justice Christopher Bleby
  • Victoria
  • Justice Lisa Nichols
  • Justice Jim Delany
  • Justice Kathryn Stynes
  • Appointment of Senior Counsel

Click here to access on New Westlaw

RECENT CASES – Editor: Ruth C A Higgins SC

  • Criminal Law – Sentence – Where Appellant Suffered from Severe Personality Disorder – Where Causal Connection between Personality Disorder and Offending – Whether R v Verdins (2007) 16 VR 269 Principles Applicable – Whether Statements in Director of Public Prosecutions (Vic) v O’Neill (2015) 47 VR 395 Should No Longer Be Followed

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Articles

250 Years of the Crown in Australia: From James Cook to the Palace Papers (1770–2020) – The Hon Michael Kirby AC CMG

The Crown in Australia dates back to the proclamations of James Cook in 1770 and Arthur Phillip in 1788. The lack of a treaty with the Indigenous People, has left Australia with unfinished constitutional business. However, the potentially valuable idea of the Crown injects into a competitive democracy a constitutional core that is apolitical and inclusive of all. By reference to the “Palace Papers”, comprising correspondence of Governor-General Sir John Kerr and the Queen’s Personal Secretary in 1975, the article shows that, in the dismissal of Prime Minister Whitlam, the Palace correctly understood, and complied strictly with, the reservation of all relevant steps to the Governor-General at Yarralumla. To the extent that conventions were breached and wrongs occurred, these were on the part of actors in Australia not London. The difficulties and debatability of changing Australia to a republic are explained and explored.

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The Crown in Australia: From James Cook To Charles III, Another Perspective – Geoffrey Robertson AO QC

Michael Kirby argues that the Crown serves as a “constitutional core that is apolitical and inclusive of all”. On the contrary, it embodies an outdated hereditary principle at odds with modern Australian values. It is of no real use, other than as a frippery, to the business of government and is only necessary to those who like to show off. The “Palace Papers” reveal that during Australia’s 1975 political crisis, it was the Crown that failed in its duty to direct its representative to confine himself to advising and warning the elected government, rather than dissolving it. The Queen herself is an international treasure, but her passing will permit Australians to decide whether for the next century they will be reigned over by white Anglo-German protestant males – Charles III, William V and George VII – or by an appointed or elected Australian president, or (preferably) by nobody.

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A Response to Geoffrey Robertson QC – The Hon Michael Kirby AC CMG

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OBITUARY

  • Mr Bruno Cappelletti OAM

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For the PDF version of the table of contents, click here: Westlaw AU – ALJ Vol 95 No 7 Contents or here: New Westlaw AU – ALJ Vol 95 No 7 Contents.

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Click here to access this Part on New Westlaw AU

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