Featured articles
Posted 10 days ago

This area features older but noteworthy articles which are still attracting discussion. Hopefully featuring them will prolong constructive conversation. Comment on the feature slider is invited.

Featured articles
Media managing all the way to oblivion . . .
Posted 11 days ago

I'm doing a fortnightly column for the Age and the Sydney Morning Herald and here is the first column. Of course the thing that's missing from the column is how I…

Media managing all the way to oblivion
Ashamed to be a lawyer?
Posted 12 days ago

Pseudonymous blogging lawyer Private Law Tutor confesses her occasional feelings of "shame" at being a lawyer:
I’ve thought and talked and written about the deep discomfort that ebbs and flows in…

Ashamed to be a lawyer?
Why do libertarians support conservative parties?
Posted 13 days ago

In a piece for the Sunday Age, Chris Berg says progressives think conservatives are heartless because they "don't realise the right has a different and legitimate moral framework." Perhaps so,…

Why do libertarians support conservative part…
Social justice is about more than redistribution
Posted 14 days ago

In a recent book on social justice, former Labor politician Gary Johns argues for "a major reconsideration of social justice as a rationale for the welfare state". In his essay…

Social justice is about more than redistribut…
Is political cynicism poison for the left?
Posted 19 days ago

I offered this comment in a LinkedIn discussion, and thought I might 'put it out there' as my daughter says. In the process I edited and played around with it…

Is political cynicism poison for the left?
Sinking the Slipper
Posted 28 days ago

Recovering journalist Mr Denmore succinctly summarises the response of the media (at least the Murdoch portion of it) to the Peter Slipper controversy:
[T]he Tory regime changers of News Ltd could…

Sinking the Slipper
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The day the music died

If Don McLean could write a smash hit about the death of Buddy Holly, I can at least do a blog post about the death this morning of Robin Gibb of the Bee Gees.

The Bee Gees were hardly the most fashionable of pop groups among the cool kids, either at the time or now.  But I reckon I Started a Joke is still one of the greatest and most moving pop songs of all time (albeit a bit corny for some tastes).  Even if schmaltz isn’t your schtick, you’d have to agree he had an extraordinary voice and it’s showcased here to perfection. RIP Robin Gibb.

A profession or an industry? Access to justice

Access to justice should be a big issue in Australia, as my Introduction to Public Law class explored yesterday in the context of discussing administrative law merits review.As commenter wilful observed on my last post about lawyers:

I can reflect on my sister’s recent experience. She lost and lost badly, because she had no money to represent herself, the judge was disuninterested, and the husband’s lawyers were reprehensible, with no interest whatsoever in the truth, the interests of the Court, the child that was being contested or the Family Law Act. They threw every bit of sh*t at her that they could invent (and it was basically all made up) and they got away with it. They had a barrister, she’s a part-time school teacher, the whole thing left me feeling sick to my stomach. I do not trust or expect justice in the family law courts in Australia any more. The lawyers involved should be deeply ashamed of themselves.

Legal aid is also hardly ever available for litigants before general merits review tribunals like the Administrative Appeals Tribunal and its State equivalents. Yet unrepresented litigants are at a major disadvantage when facing “lawyered up” government departments, despite the exhortation in section 33 of the Administrative Appeals Tribunal Act 1975 that proceedings should “be conducted with as little formality and technicality, and with as much expedition, as the requirements of this Act … permit”.

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Lock them up and throw away the key?

There is quite a bit of current public controversy over refugees indefinitely held in immigration detention as a result of adverse ASIO security assessments which they cannot effectively challenge. Secret evidence provisions in ASIO regulations mean they can be denied all knowledge of the reasons and supporting evidence for an adverse assessment. The fad for secret evidence provisions had its genesis in reaction to 9/11, but gained momentum from State government reactions to the activities of criminal bikie gangs.

In Gypsy Jokers Motorcycle Club Inc v Commissioner of Police 1, despite arguments from the bikie gang that provisions of WA “anti-fortification” legislation offended the Kable doctrine, the High Court held that the taking of secret evidence did not offend fundamental notions of judicial power. It is difficult to conceive of a more basic aspect of natural justice than the right to know what is alleged against you and therefore to effectively defend yourself. Secret evidence provisions have been upheld previously (on grounds of unacceptably compromising the integrity of ongoing investigations or sources of criminal intelligence), but they have usually at least allowed the defendant’s counsel to know the evidence and be able to argue against it.

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  1. (2007) 234 CLR 532

Missing Link Friday – The War on Whinging

With low unemployment, low inflation and 20 straight years of economic growth, the Sydney Morning Herald’s Jessica Irvine is astounded at how so many Australians are carrying on as if they live in a debt-wracked European basket case. Younger Australians have never seen a recession, she says, and many older people seem to have forgotten what one looks like.

So why do people carry on like this? "There can be only one answer", says Irvine, "we are, as a nation, chucking a full-on, all-screaming, all-door-slamming teenage temper tantrum." Voters and business are like petulant teenagers and the government is like a weak-willed parent desperate for affection.

Irvine’s column was the talk of Twitter this morning. "Fantastic piece on what a pack of whingers Australians are", tweeted Bernard Keane while Aleta describes Irvine as "a breath of sensible in a world of stupid". Trent Driver writes: "Best piece I have read in a long time. Wish you could hear the debate by the teenage girls in my ecos classes. :)"

Others were less convinced. "I don’t understand why people like that Jess Irvine thing" said Jason Wilson. "More pundits telling the people they’re spoilt children."

Liam Hogan commented "three things missing from that piece: price of housing, major city rental vacancy rate, homelessness index." Sarah Toohey from Australians for Affordable Housing agreed, "Nice points Liam. Overall econ good, lots quite comfortable, but some have really difficult lives b/c of hsg."

Arriving just after the ACTU conference, Irvine’s column runs into their campaign on insecure work. Jason Wilson asked: "Haven’t we just heard at the ACTU congress that ppl feel chronically insecure?"

According to the ACTU’s Ged Kearney, millions of Australians are in casual jobs, contract jobs and labour hire work. "On top of low wages, and a lack of conditions like sick leave and holiday pay, there is a huge amount of uncertainty about when and how much people will work."

Matt Cowgill and Keiran McCarron took issue with Irvine’s claim that Australia’s welfare state is bloated. Cowgill wrote: "I disagree that our welfare system is ‘bloated’ (unless you include tax expenditures in your definition)" while McCarron tweeted: "I didn’t read your article. But if you’re calling a welfare system smaller than the US’s "bloated" you’re just politicking."

Irvine isn’t the only one arguing that Australians are complaining too much. The Australian newspaper’s George Megalogenis has pledged a "war on whinging". And that’s just where twitter user truckie is filing the piece, under #waronwhinging. Megalogenis says he might pitch a ‘war on whinging’ show to the ABC. Fake Paul Keating tweets: "if you get a show, @Jess_Irvine is in the stop whinging camp, and lot more photogenic than you".

A student’s lament

Rose Ashton-Weir and her mum

The twitterverse erupted in response to this story in yesterday’s papers about a student suing her former school Geelong Grammar for compensation, saying that it provided inadequate support to enable her to do sufficiently well on her final exams to be accepted to study law at Sydney Uni:

Seeking compensation in the Victorian Civil and Administrative Tribunal, she said her final secondary school score was too low to study law at the University of Sydney.

Of her time at Geelong Grammar, she said: ”I didn’t ever feel I was getting the support I needed to really excel.”

Ms Ashton-Weir boarded at the school in 2008 and 2009 but finished her secondary studies at a TAFE college in Sydney. She is in the first year of a double degree in arts and sciences at the University of Sydney.

Her mother, Elizabeth Weir, is also suing the school for lost income and other expenses.

She said she gave up her chocolate fortune cookie business – which she had expected to make $450,000 over three years – because her daughter moved from Geelong to live with her in New South Wales.

Some might cynically observe that some lawyers in hindsight might have preferred to miss out on the ‘benefits’ of this career, but generally there have been pretty harsh assessments of the idea of litigating a school over this sort of issue.  I can’t resist pointing out that someone alerted the media to this story, and my bet is that it was the girl or her parents.  Given the response, I wonder whether she now considers that was a good decision?

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