*Please note that the links to the content in this Part will direct you to Westlaw AU.
To purchase an article, please email: [email protected] or contact us on 1300 304 195 (Australian customers) or +61 2 8587 7980 (international customers) during business hours (Mon-Fri, 8am-6pm AEST).
The latest issue of the Australian Law Journal (Volume 95 Part 12) contains the following material:
CURRENT ISSUES – Editor: Justice François Kunc
- When Public Interest Is and Is Not in the Public Interest
- Impermissible Communications between Judges and Counsel
- Ensuring Female Judges Are Not Interrupted
- Developments in Four Matters of Continuing Interest
- Launch of the 2021 Special Issue
- The Crown in Australia
AROUND THE NATION: TASMANIA – Editor: Justice Stephen Estcourt AM
- The Battle for Trial by Jury
FAMILY LAW – Editor: Richard Ingleby
- Arbitration Clauses in Financial Agreements
HUMAN RIGHTS – Editor: Simon Rice
- The Human Rights Implications of Vaccine Passports
NEW ZEALAND – Editor: Justice Matthew Palmer
- A House Divided? The Māori Language, National Anthems and the Construction of a National New Zealand Identity
This article proposes a novel theory of administrative justice suitable for creating institution-specific normative standards in Australia. This article examines the content of administrative justice in Australia and identifies previously recognised administrative justice properties. In so doing, this article gives close consideration to the relationship between these properties. It is at this point that a new theory of administrative justice is proposed from foundational rule of law principles. This theory is unique in that it arranges administrative justice properties into four themes which embrace the principled tensions that are ever-present when considering normative standards of administrative justice. The generalised theory of administrative justice presented here is suited to Australian administrative practice and is tailorable to different administrative settings.
This article examines the restrictions on engaging in legal practice in Australia, focusing on how the restrictions also apply to lawyers, who remain in good standing with the profession, but who no longer hold a current practising certificate. In doing so, it outlines jurisdictional differences; the tests that have been applied to determine what constitutes “legal practice”; and examines whether the restriction of lawyers can be justified against the dual considerations of public protection. In particular, I question whether placing lawyers in the same category as “laypeople” is justified by the need to protect the public from “unlawful operators” and argue that this may do a disservice to both lawyers and the public.
John Fletcher Hargrave – A Chronicle of Australia’s First Law Lecturer – Dr Alan Davidson
John Fletcher Hargrave has been described as unhinged of mind and a woman hater. Nevertheless, in the latter half of the 19th century in New South Wales, he became a foundation Judge of the District Court, a Justice of the Supreme Court, including the first Divorce Justice, a member of both the Legislative Assembly and Legislative Council and was Attorney-General and Solicitor General. In the 1850s he was concerned about the lack of formal legal education and presented the first series of law lectures at the newly established University of Sydney. His son, Lawrence Hargrave, became well known for his many aviation experiments in the northern Illawarra.
For general queries, please contact: [email protected].