Appendix 9: Judges’ participation in legal reform activities and international Committees and Conferences in 2010-11
Federal Court of Australia Annual Report 2010-2011
In Brisbane on 1 July 2010, via video link from the Federal Court in Sydney, Chief Justice KEANE welcomed the Commonwealth Attorney-General, the Hon Robert McClelland MP, and participants to the Australian Maritime and Transport Arbitration Commission Annual Address 2010.
Chief Justice Keane travelled to China on 15 July 2010 to attend the Shanghai World Expo and delivered a paper on 16 July entitled Recent Developments in International Arbitration in Australia. The event was supported by the Australian International Legal Services Advisory Council (ILSAC) and the Australian Centre for International Commercial Arbitration (ACICA).
On 3 August 2010 Chief Justice Keane attended the launch of the Australian International Dispute Centre in Sydney by the Commonwealth Attorney-General.
On 9 September 2010 Chief Justice Keane delivered the Keynote Address entitled Fundamental Legal Values: the Courts and the Law Reform Commission at the Australasian Law Reform Agencies Conference at the State Library of Queensland in Brisbane.
On 20 September 2010, at the Federal Court in Brisbane, Chief Justice Keane met with Justice Khairul Haque, Judge of the Appellate Division of the Supreme Court of Bangladesh, and Justices Khondker Khaled, Mohammad Haque and Muhammad Ali, Judges of the High Court Division of the Supreme Court of Bangladesh.
In Melbourne on 23 September 2010 Chief Justice Keane, Chief Justice Bryant of the Family Court of Australia and the Hon Dr Harifin Tumpa, Chief Justice of the Supreme Court of the Republic of Indonesia, signed a further Annex to the Memorandum of Understanding between the Courts. Chief Justice Keane delivered an address to the judges of the Indonesian Courts on the management of appeals within the Federal Court of Australia.
On 8 October 2010 in Sydney Chief Justice Keane attended a breakfast meeting of the Anglo-Australasian Lawyers Society and delivered a speech entitled A Bill of Rights: Founders’ Attitudes to Government in the United States and Australia.
In Canberra on 14 October 2010 Chief Justice Keane gave the Keynote Address at the Australian Government Solicitor’s Administrative Law Forum. The Chief Justice’s paper was entitled Reflections on Jurisdictional Error.
On 15 October 2010 in Sydney Chief Justice Keane delivered the opening address entitled Judicial Support for Arbitration in Australia at the Financial Review International Dispute Resolution Conference 2010.
Chief Justice Keane attended the 12th International Criminal Law Congress in Noosa, Queensland on 21 October 2010 and delivered a commentary on the address by the Hon Paul de Jersey, Chief Justice of the Supreme Court of Queensland.
On 27 October 2010 Chief Justice Keane attended a meeting of the Council of Chief Justices of Australia and New Zealand in Wellington, New Zealand.
On 4 November 2010 at the Federal Court in Melbourne Chief Justice Keane and Registrar Warwick Soden met with Dame Sian Elias, Chief Justice of New Zealand, Judge Helen Winkelmann, Chief Judge of the High Court of New Zealand, and Justice Mark O’Regan, President of the New Zealand Court of Appeal, to discuss judicial administration.
Also on 4 November 2010 in Melbourne Chief Justice Keane attended the Australasian Institute of Judicial Administration Oration given by the Hon Mrs Justice Susan Denham, Senior Judge of the Supreme Court of Ireland.
In Brisbane on 9 November 2010, via video link from the Federal Court in Sydney, Chief Justice Keane welcomed participants to the National Admiralty and Maritime Seminar.
On 16 November 2010 in Brisbane Chief Justice Keane and Registrar Warwick Soden met with Chief Justice Vincent Lunabek and Chief Registrar John Obed Alilee of the Supreme Court of the Republic of Vanuatu to discuss the proposed Memorandum of Understanding between the courts.
In Brisbane on 17 November 2010 Chief Justice Keane and Registrar Warwick Soden met with Sir Salamo Injia, Chief Justice of the Supreme Court and National Court of Papua New Guinea, Mr Ronald Silovo, Secretary National Judicial Staff Service and Mr Paul Kelly, Development Practitioner, PNG Law and Justice Sector organisation, for discussions regarding judicial assistance to the Supreme Court and National Courts of Papua New Guinea.
On 19 November 2010 in Sydney Chief Justice Keane and Registrar Warwick Soden participated in the Federal Civil Justice System Roundtable convened by the Commonwealth Attorney-General.
Chief Justice Keane was the keynote speaker at the 2010 Monash University Global Courts Conference and Workshop in Sydney on 3 December 2010. The Chief Justice’s speech was entitled The Prospects for an International Legal Order.
On 8 December 2010 Chief Justice Keane attended and spoke at the launch of the publication Courting Reform: Indonesia’s Islamic Courts and Justice for the Poor, authored by Professor Tim Lindsey and Cate Sumner, at the Lowy Institute for International Policy in Sydney.
In January 2011 Chief Justice Keane attended the Annual Supreme Court and Federal Court Judges’ Conference in Wellington, New Zealand.
Chief Justice Keane thanked Victorian barristers and solicitors for their ongoing commitment to the Federal Court’s pro bono scheme at a function at the Commonwealth Law Courts in Melbourne on 14 February 2011.
On 18 February 2011 Chief Justice Keane attended the 2011 Constitutional Law Conference, organised by the Gilbert + Tobin Centre of Public Law with the support of the Australian Association of Constitutional Law, at the Art Gallery of New South Wales. That evening, the Chief Justice was the guest speaker at the conference dinner at New South Wales Parliament House which was hosted by the NSW Attorney‑General, the Hon John Hatzistergos. The title of the Chief Justice’s speech was Originalism: Founders, Judges and Modesty.
On 10 March 2011 the Chief Justice welcomed Judges, Federal Magistrates, Registrars, staff and members of the profession to the opening of the Level 6 Mediation Centre at the Commonwealth Law Courts in Melbourne.
Chief Justice Keane attended an afternoon tea to meet the 2011 Indigenous Law Clerks on 15 March 2011 at the Commonwealth Law Courts in Melbourne.
On 16 March 2011 at the Federal Court in Sydney Chief Justice Keane presented a paper entitled A Question of Words: Conceptual Creep and Fiduciary Obligations to the Society of Trust and Estate Practitioners.
On 12 April 2011 the Chief Justice attended a meeting of the Council of Chief Justices of Australia and New Zealand at the Supreme Court in Perth, followed by a lunch held at the Federal Court. That evening, Chief Justice Keane attended a dinner for the Council of Chief Justices in Government House hosted by His Excellency the Governor of Western Australia and Mrs Julie Michael.
On 5 May 2011 in Brisbane, Chief Justice Keane welcomed participants to the Australasian Institute of Judicial Administration’s conference on Child Protection in Australia and New Zealand.
Also on 5 May 2011 at the Federal Court in Sydney Chief Justice Keane gave the keynote address at the International Commercial Law, Litigation and Arbitration Conference sponsored by the Federal Court of Australia and the Law Council of Australia.
In Sydney on 13 May 2011 the Chief Justice was the guest speaker at the New South Wales Bar Association’s 2011 Bench and Bar Dinner.
On 23 May 2011, at the invitation of the Hon Trevor Riley, Chief Justice of the Supreme Court of the Northern Territory of Australia, Chief Justice Keane attended events in Darwin to celebrate that court’s 100th anniversary.
In Townsville on 27 May 2011 Chief Justice Keane presented a paper entitled Contemporary Perspectives of Judicial Power at the North Queensland Law Association Conference 2011.
On 3 June 2011 Chief Justice Keane presented a paper entitled Opportunity and Responsibility at the Australian Institute of Aboriginal and Torres Strait Islander Studies’ (AIATSIS) Conference in Brisbane.
In Melbourne on 9 June 2011 Chief Justice Keane opened the 14th Annual Tribunals Conference of the Australasian Institute of Judicial Administration.
Justice MOORE sat on the Court of Appeal in Tonga from: 12– 16 July; 4–8 October 2010; and from 11– 15 April 2011.
Between 17 and 29 September 2010 Justice Moore conducted workshops for judges of the Supreme People’s Court of Vietnam on The Arrest of Ships in Hanoi, Danang and Ho Chi Minh City.
On 12 October 2010 Justice Moore addressed the members of the Migration Review Tribunal and the Refugee Review Tribunal in Sydney on the review of migration decisions in the Federal Court. In the same month Justice Moore discussed the use of information technology by judges in the Federal Court with visiting delegates from the Supreme People’s Court of Vietnam. Justice Moore presented a paper: Judicial Independence – Breaking Free from the Executive Branch at the 19th Pacific Regional Judicial Conference in Guam (5–10 November 2010).
During the reporting year Justice FINN was the Arthur Goodhart Visiting Professor of Legal Science, University of Cambridge, a Professorial Fellow, Gonville and Caius College, Cambridge and Professorial Fellow, University of Melbourne. He presented guest lectures at the universities of Cambridge, Oxford and Monash (Prato) and the Max Planck Institut, Hamburg. In June 2011 Justice Finn delivered a paper titled Equity at the Remedies Discussion Forum, Aix-en-Provence.
Justice MARSHALL, together with Justice Gray, hosted a visit to the Victoria District Registry on 13 July 2010 by judges from the Republic of Korea. In September 2010, Justice Marshall conducted workshops for judges of the Supreme People’s Court of Vietnam on basic Australian copyright and trade mark law in Hanoi, Danang and Ho Chi Minh City.
Also in September 2010 Justice Marshall presided over the Melbourne University Witness Examination Grand Final and the Melbourne University Law Students Society Moot Court Grand Final.
In late October 2010, together with Justice Bromberg, Justice Marshall hosted a visit by Ms Yu Bai from the Beijing Zhicheng Migrant Workers Legal Aid and Research Centre in co-operation with the Australian Human Rights Commission.
In April 2011 Justice Marshall gave an address to the students at the Tasmanian Legal Practice Course and hosted a reception for the Tasmanian Women Lawyers.
In 2010–11 Justice MANSFIELD participated in various functions for the Law Society of South Australia. In his capacity as Chair of Graduate Diploma and Legal Practice (GDLP), Justice Mansfield was the formal speaker at the GDLP Graduation Ceremonies held on 7 October 2010 and 12 May 2011 at the Law Society.
Justice Mansfield presented papers to the Law Society of the Northern Territory entitled Australian Consumer Law outlining changes to Australian Consumer Law on 8 March 2011 and What’s driving changes in the law under the reins of Chief Justice French on 24 May 2011.
On 2 August 2010, Justice Mansfield was a speaker on Appellate Advocacy at the Inaugural Conference of the South Australia Bar Association at Victor Harbor. He also presented various sessions on the Federal Court to the South Australia Bar Readers Course and the South Australia New Practitioners.
Justice Mansfield presented a paper entitled Cartel Offences – Issues for the Judge to the Law Council Business Law Section Trade Practices Conference on 21 August 2010. He also attended, and gave opening remarks at, the University of South Australia Trade Practices Workshop on 15 October 2010.
The 19th Pacific Regional Judicial Conference was held in Guam from 7–10 November 2010. Justice Mansfield presented a paper entitled: The Role of Judges in Climate Change.
Justice Mansfield also presented a joint paper on Extra Judicial Activities while a Serving Judge to the annual Supreme Court Federal Court Judges Conference in New Zealand on 22–26 January 2011.
Justice Mansfield continues as Chair of the GDLP Course Committee of the Law Society of South Australia as well as Chair of the South Australia Bar Association Continuing Professional Development (CPD) Committee. Justice Mansfield is a member of the University of South Australia Law School Advisory Board and also Chair of the Centre for Regulation and Management Advisory Board at the University of South Australia.
On 25 October 2010 Justice EMMETT participated in the World Legal Forum, ‘Expert Roundtable’ at The Hague. On 5–6 November 2010, in his capacity as President of the Copyright Tribunal, he attended and presented a paper at the Second International Conference on Content Industries and Intellectual Property, 300 Years of Copyright: From Statute of Anne to Digital Copyright 2010 held at East China University of Political Science and Law, Shanghai, China.
In October 2010 and May 2011, Justice Emmett participated in the New South Wales Bar Association readers’ course. On 25 February 2011, he attended and presented a paper on copyright at the Blue Sky Conference held at Balmoral, Sydney.
Justice Emmett is the Challis Lecturer in Roman Law at the University of Sydney and in first semester of 2011 presented his regular course on Roman private law.
Justice DOWSETT continues to be a member of the Programs Advisory Committee of the National Judicial College of Australia. In November 2010 Justice Dowsett was appointed as Chair of the Steering Committee of the National Judicial Orientation Program (NJOP), which is conducted by the College. In April 2011 Justice Dowsett attended the program held at Coogee Beach, Sydney. His Honour chaired several sessions, including Judicial Conduct In and Out of Court and Court Craft – The Trial from Hell.
Justice Dowsett celebrated 25 years on the Bench in July 2010, having been appointed to the Supreme Court of Queensland in July 1985 and to the Federal Court in September 1998.
On 24 September 2010 Justice Dowsett attended the Asia-Pacific Forum in Vladivostok. The Forum was conducted by the Supreme Commercial Court of the Russian Federation and had as its focus ‘Property Rights in the Modern Economy’. Justice Dowsett presented a paper entitled Practical Effects of Native Title Legislation upon Land Development and Use in Australia.
In December 2010 Justice Dowsett was granted life membership of the Bar Association of Queensland.
On 12 and 13 February 2011 Justice Dowsett attended a program concerning expert evidence conducted by the NJOP at the Australian National University, Canberra. On 14 February 2011 he attended a conference conducted by the Centre for European Studies in the Australian National University. The conference was entitled ‘Reappraising the Judicial Role’. Justice Dowsett presented a paper entitled The Australian Judges – Who Do They Think They Are?
On 5 March 2011 Justice Dowsett attended the Annual Conference of the Bar Association of Queensland held on the Gold Coast where he facilitated a session entitled Evidence Reforms – How are they Working?
On 25 March 2011 Justice Dowsett attended the Annual General Meeting of the College of Law in Sydney and was elected as a Community Member of that Board.
From 5–7 May 2011 Justice Dowsett attended the International Commercial Law, Litigation and Arbitration Conference held in Sydney.
On 3 June 2011 Justice Dowsett attended the Keynote Session of the 12th annual Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS) Conference held at the Brisbane Convention and Exhibition Centre.
Justice KENNY is a part-time Commissioner, Australian Law Reform Commission. In this capacity she was a Member of the Division constituted under the Australian Law Reform Commission Act 1996 for the purposes of the reference that resulted in ALRC Report 115, Managing Discovery: Discovery of Documents in Federal Courts.
Justice Kenny is a member of the Council of the Australian Institute of Judicial Administration; Regional Deputy Governor of the International Organization for Judicial Training; member of the International Law Advisory Board, Law School, Monash University; Chair of the Advisory Board of the Institute of Legal Studies, Australian Catholic University; member of the Advisory Board of the Centre for International and Public Law; and a Foundation Fellow of the Australian Academy of Law.
In August 2010, Justice Kenny participated in a Roundtable entitled ‘The US Supreme Court in Critical Perspective’ at the Centre for Comparative Constitutional Studies, University of Melbourne Law School. In the same month, Justice Kenny, with her associate, Mr Alex Prieto, judged a Witness Examination Competition for the Monash University Law Students Society.
In September 2010, Justice Kenny spoke at the Australian Law Reform Agencies Conference on The Relationship between Law Reform Agencies and the Judiciary.
In October 2010, Justice Kenny participated in the deliberations of the Australian Selection Committee for Menzies Scholarships in Law for the 2011 academic year. In the same month she presented a seminar in the Victorian Bar’s seminar series The New Evidence Act: What you must know. In late October, Justice Kenny presented the Future Justice awards at the Castan Centre for Human Rights Law Dinner.
On 27 January 2011 Justice Kenny judged a practice moot for the 2011 Deakin University Team, in preparation for the Australian Rounds of the Philip C. Jessup International Law Moot Competition.
In March 2011, at the invitation of the Australian Government Solicitor, Justice Kenny and Professor Rosalind Croucher, President, Australian Law Reform Commission, presented a session at the National Information Law Conference. Justice Kenny delivered a paper on Secrecy Provisions: Policy and Practice.
Justice Kenny in her capacity as a member of the Advisory Board of the Centre for International Public attended a lecture in April 2011 on Universal Jurisdiction and the Suppression of Modern-day Piracy given by His Excellency Kriangsak Kittichaisaree, Thai Ambassador to Australia.
In May 2011, Justice Kenny was the guest speaker at the Melbourne University Law School’s annual awards ceremony.
On 27 July 2010 Justice STONE attended a talk given by Professor Michael Dirkis – The Demise of International Tax Avoidance? – held at the Sydney University Law School. Also in July, Justice Stone attended a Corporations Workshop held under the auspices of the Corporations Committee of the Business Law Section of the Law Council of Australia at the Hyatt Hotel, Canberra.
Justice Stone attended the 2010 Ross Parsons Corporate Law Address entitled Fraud on the Market in the US – Can it be Fixed? given by Professor Reinier Kraakman, Ezra Ripley Thayer Professor of Law at Harvard Law School and held on 3 August 2010 in Court 1 of the Federal Court, Sydney. In the same month, Justice Stone attended the Challis Taxation Dinner held at the Australia Club in Sydney and delivered a paper to women barristers at the Essoign Club, Melbourne.
From 23–25 September 2010 Justice Stone attended the Asia-Pacific Forum in Vladivostok and presented a paper on Property rights as the basis for modern economic relations. Justice Stone participated in the Judicial Colloquium held by the Judicial Conference of Australia in Hobart from 7–9 October 2010 and on 30 November 2010, attended the Annual Julius Stone Address entitled Could He Forgive Her at the Sydney University Law School.
From 22–26 January 2011 Justice Stone attended the Supreme and Federal Court Judges’ Conference in Wellington, New Zealand and, in May 2011, the International Commercial Law Conference hosted by the Federal Court in Sydney.
On 29 March 2011 Justice Stone met with Chief Judge Rader of the Court of Appeals for Federal Circuit (USA) in Sydney.
During the reporting year Justice Stone represented the Federal Court on the Governing Council and Executive Committee of the Judicial Conference of Australia.
On Wednesday 27 October 2010 Justice JACOBSON, in his capacity as Chief Justice of Norfolk Island, took part in events on Norfolk Island to commemorate the 50th Anniversary of the Supreme Court of Norfolk Island.
On 12 July 2010 Justice BENNETT met with a delegation of Korean Judges at the Court in Sydney. On 30 July 2010, at the invitation of the Intellectual Property Association of Australia and New Zealand (IPSANZ) and the New Zealand Bar Association, Justice Bennett chaired and moderated a workshop on how best to manage and run civil litigation titled ‘Litigation Practice – Where to now?’
Justice Bennett is a member of the Advisory Board of the Law School of the Chinese University of Hong Kong and attended a Board meeting in Hong Kong during December 2010.
Justice Bennett was a speaker at the Advocacy Conference at the University of Adelaide in February 2011 on the topic Gender Evolution Revolution [marking the centenary of the Female Practitioners Act 1911].
On 30 March 2011, Justice Bennett spoke at the University of NSW Law Faculty’s Intellectual Property Forum – on the topic Intellectual Property in the Commercial Context: Where we have been and where we are going. Justice Bennett was invited to facilitate a panel discussion at the Institute of Patent and Trade Mark Attorneys of Australia (IPTA) 2011 Annual Conference held in Yulara, Northern Territory on 8 April 2011 – with the topic of discussion being ‘Babies, Bathwater and the Review of Patentable Subject Matter’.
While in New York during April 2011, Justice Bennett attended and spoke as a member of the Faculty at the 19th Annual Conference on Intellectual Property Law and Policy held at the Fordham University School of Law, New York.
Justice Bennett also attended the 6th International Judges Conference on Intellectual Property Law which was held in Brussels, Belgium on 23– 25 May 2011. This Conference was held in co-operation with, and under the auspices of, the United States Court of Appeals for the Federal Circuit.
During the reporting year Justice Bennett continued to be involved in a number of other judicial and extra-judicial commitments including: Pro-Chancellor of the Australian National University; trustee of the Board of the Centennial Park and Moore Park Trust until April 2011; arbitrator of the Court of Arbitration for Sport; member of the Law Academic Advisory Committee for the School of Law of The Chinese University of Hong Kong; and member of Chief Executive Women. In 2010–11 Justice Bennett was also a member of the judging panel for the Australian Veuve Clicquot Award for Business Woman of the Year.
Justice LANDER co-presented a seminar at the Law Society of South Australia on the Use and Abuse of Interlocutory Applications – When and how they should be used on 21 July 2010. In August 2010 Justice Lander spoke at the South Australian Bar Association Conference. On 24 August 2010 Justice Lander chaired a session for the Industrial Law Committee of the Law Council of Australia. In October 2010 Justice Lander conducted, in collaboration with District Registrar Christie, an in‑house lunch time session for the South Australian legal profession on Insolvency.
On 11 November 2010 Justice Lander chaired a session for the Law Society of South Australia’s Education Department on Australian Consumer Law. On 24 November 2010 he chaired a further session for the Law Society on Amendments to Australian Arbitral Legislation.
Justice Lander continues as the Federal Court’s representative on the Steering Committee of the Supreme Court and Federal Court of Australia Judges’ Conference and attended the 2011 Conference in New Zealand from 22–26 January 2011. On 22 February 2011 Justice Lander attended a meeting of the Society of Construction Law held at the Federal Court, at which he delivered a paper Federal Court Jurisdiction and Practice relating to Contractual Claims.
During the course of the year, as Patron of the Flinders Law Students’ Association, Justice Lander attended at the University’s Law School for a prize-giving ceremony, delivered a lecture on Federal Court Litigation and judged various moot and witness examination competitions. As Convenor of the Court’s Rules Revision Committee, Justice Lander delivered a number of presentations around Australia to the legal profession in relation to the introduction of the revised Federal Court Rules on 1 August 2011.
On 11 February 2011 Justice SIOPIS presented a paper at the Law Society of Western Australia’s CPD Corporate and Commercial Law Symposium titled A Practitioner’s Guide to Schemes of Arrangement. What Criteria do You Need to Satisfy the Court?
Justice GREENWOOD is an Adjunct Professor in the TC Beirne School of Law at the University of Queensland, a member of the Advisory Board of the University of Queensland Law School, an Advisory Member of the Griffith University Law School Council and a member of the Board of the Key Centre for Law Ethics and Governance at Griffith University. In 2010 Justice Greenwood was appointed to chair a national review of the Griffith University Law School.
Justice Greenwood has been appointed by the Attorney‑General for the Commonwealth as a member of the National Alternative Dispute Resolution Advisory Council (NADRAC) and participated in council meetings in 2010. Justice Greenwood was appointed as a member of the Governing Council of the Arts Law Centre of Australia in 2011.
In 2010 Justice Greenwood: delivered the Keynote Opening Address at the 2010 Competition Law Conference in Sydney on the topic of Recent Developments in Market Definition; presented an after dinner paper as guest speaker at the Queensland Intellectual Property Dinner; and attended the Annual National Competition Law Conference sponsored by the Business Law Section of the Law Council of Australia.
In 2011 Justice Greenwood: participated in a forum concerning the commercialisation of science and technology at which the Chief Scientist was the keynote speaker; chaired a session of the International Commercial Law Conference held at the Federal Court in Sydney; and participated in the Queensland Public Interest Law Clearing House (QPILCH) ‘Walk for Justice’ in support of QPILCH’s activities in providing services to self‑represented litigants before the Federal Court of Australia.
In 2010 and 2011 Justice Greenwood chaired two evening Continuing Legal Education Seminars on intellectual property on behalf of the Bar Association of Queensland. Justice Greenwood also chaired the first of three lectures forming part of the 2010 McPherson Lecture Series of public addresses.
Justice Greenwood judged, in Ceremonial Court Number 1 in Brisbane, during 2010 and 2011 the final moot (before departure of the mooting teams to the International Forums for each moot) of the Admiralty Mooting Competition, the Intellectual Property Mooting Competition and the Jessup Mooting Competition. Justice Greenwood participated in round table evening workshops sponsored by the Queensland University of Technology Law School and other Law Schools to introduce graduates of Law Schools to members of the profession and the judiciary.
Justice Greenwood presented a paper published in the Intellectual Property Forum and the Australian Bar Review on the topic of Reflections on Patentable Subject Matter in United States’ and Australian Patent Law.
On 6 July 2010 Justice RARES was one of the judges for the finals of the 2010 International Maritime Law Arbitration Moot Competition, organised by Murdoch University and the University of Queensland and hosted by the University of Technology Sydney. On 16 July 2010 Justice Rares chaired the afternoon session of the 1979 Offshore Constitutional Settlement Seminar, hosted by the University of Queensland’s Marine and Shipping Law Unit in Brisbane.
On 23 August 2010 Justice Rares presented a paper entitled Using the Hot Tub – How Concurrent Evidence Aids Understanding Issues to the New South Wales Bar Association at a CPD seminar. He also presented this paper at the Bar Association of Queensland’s Annual Conference in March 2011 and at a CPD session at the Law Society of South Australia on 29 June 2011. In March 2011 the paper was published in The Judicial Review (10(2) TJR 171).
In September 2010 Justice Rares travelled to Singapore to represent the Court at the Asia-Pacific Courts Conference where he presented a paper entitled What is a quality judiciary? A revised version of this paper was published in the Journal of Judicial Administration ((2011) 20 JJA 133).
On 14 and 15 October 2010 Justice Rares attended the 2010 Annual Maritime Law Association of Australian and New Zealand Conference in Melbourne. On 9 November 2010 Justice Rares and Justice Ryan chaired the Admiralty and Maritime Law Seminar on ‘Current Issues in Admiralty’, hosted by the Federal Court in Sydney.
On 11 March 2011 Justice Rares presented a paper at the 2011 Biennial Mini Conference of the Maritime Law Association of Australia and New Zealand on The need for an international convention to deal with off-shore hydrocarbon leaks. This paper was published in Edition 866 (24 March 2011) of the Lloyd’s List Daily Commercial News and in the Lloyd’s Maritime and Commercial Law Quarterly under the title An international convention on offshore hydrocarbon leaks? ( LMCLQ 361).
From 5–7 May 2011 Justice Rares attended the International Commercial Law, Litigation and Arbitration Conference, hosted by the Federal Court in Sydney, and chaired a session on ‘Offshore Oil and Gas Catastrophes’.
On 27 May 2011 Justice Rares represented the Court at the 31st annual meeting of the Consultative Council of Australian Law Reporting in Darwin and was elected as Chairman of the Council. Justice Rares continues to represent the Court as a member of the Council of the Australian Institute of Judicial Administration and as a member of the Steering Committee of the National Judicial Orientation Program.
Justice COLLIER is a member of the Advisory Board to the bankruptcy and insolvency law scholarship unit at the Adelaide Law School. In August 2010 she gave a public lecture at the Queensland University of Technology entitled: Making Decisions in the Federal Court: A Personal Perspective and presented a paper entitled: Corporate Insolvency: Restructuring the Financial Sector and Understanding the Long Term Effects of the GFC – Insolvency Reforms on the Table at the Australian Women Lawyers Conference. During October and November 2010 Justice Collier attended a Queensland University of Technology Business Leaders’ Forum and the Richard Cooper Memorial Lecture.
In January 2011 Justice Collier attended the Supreme and Federal Court Judges’ Conference in Wellington, New Zealand. On 17 February 2011 she gave the opening address at the Superannuation Committee of the Law Council of Australia conference ‘Super – A Paradise Lost?’ held at Surfers Paradise. In May 2011 she opened the Una Prentice Award function for the Women Lawyers Association of Queensland and presented a paper entitled: Prioritisation of Native Title Cases in Queensland at a Native Title Seminar.
Justice TRACEY is a member of the Advisory Board for the Centre of Comparative Constitutional Studies in the Faculty of Law in the University of Melbourne.
On 26 October 2010 Justice Tracey delivered a paper entitled The Exploration of Credibility in the Course of a Hearing, jointly written with Justice Moore, at the Annual Conference of Members of the Migration Review Tribunal and the Refugee Review Tribunal.
On 2 March 2011 Justice Tracey delivered a paper entitled Conduct of Litigation by Prosecutorial Agencies to the Fair Work Ombudsman’s Legal Officer’s Conference in Melbourne. Also in March 2011 Justice Tracey delivered the keynote address at the Annual Leo Cussen Employment Law Conference in Melbourne and a paper entitled Public Interest – FOI and Beyond at the Attorney-General’s Department National Information Law Conference in Canberra.
From 19–23 July 2010, Justice MIDDLETON attended a Workshop on the United States Supreme Court in Historical Perspective at the Melbourne Law School conducted by the Honourable John G Roberts, Jr, Chief Justice of the United States. Also in July, Justice Middleton participated in the Eleventh Australian Competition and Consumer Commission Regulatory Conference in Surfers Paradise, Queensland.
On 23 September 2010 Justice Middleton hosted, at the Federal Court in Melbourne, a number of Bangladeshi judges.
From 8–9 October 2010 Justice Middleton attended the Judicial Conference of Australia 2010 Colloquium and from 4–5 November 2010, the Fifth Australian Institute of Judicial Administration Appellate Judges’ Conference in Melbourne.
On 12 November 2010, Justice Middleton participated in a round table discussion on Private Enforcement of Competition Law at a conference held at the Melbourne Law School, University of Melbourne.
In November 2010 and March 2011 Justice Middleton delivered a paper in conjunction with Mr David O’Callaghan SC to the Victorian Bar Readers’ Course on Written Advocacy.
From 2–3 December 2010 Justice Middleton attended The Cranlana Program ‘Justice and Society Symposium’. From 22–26 January 2011 Justice Middleton attended the Supreme and Federal Court Judges’ Conference in Wellington, New Zealand.
On 18 February 2011 Justice Middleton attended the Constitutional Law Conference in Sydney. On 5 March 2011 Justice Middleton presented a paper on advocacy at the Inaugural Victorian Bar Conference ‘New Horizons: Aiming for excellence and fulfilling your potential’.
From 6–7 May 2011 Justice Middleton participated in the International Commercial Law, Litigation and Arbitration Conference held at the Federal Court in Sydney. Also in May 2011 Justice Middleton participated in the Sixth International Judges’ Conference on Intellectual Property Law in Brussels, Belgium.
During the reporting year Justice GORDON delivered the following addresses or papers:
• 3 June 2010 – Tax Bar Association of Victoria – Drafting an Appeal Statement and Preparation for the Scheduling Conference.
• 15 October 2010 – 8th Annual University of South Australia Trade Practices Conference – Criminalisation of Cartel Conduct.
• 20 January 2011 – 23rd Australasian Tax Teachers Association Conference – Tax is more than numbers – but it is also more than tax.
• 10 March 2011 – Department of Treasury – Simplifying Tax Law.
• 3 May 2011 – Melbourne University – Presentation to Juris Doctor Students about case management, the individual docket system and assisted dispute resolution.
• 6 May 2011 – Freehills – Speech and discussion on Criminalisation of Cartel Conduct.
• 20 May 2011 – Victorian Bar Readers – Welcome Speech.
• 17 June 2011 – Law Institute of Victoria – Government Lawyers Conference – Be Civil – The Civil Dispute Resolution Act 2011.
Recent publications include Criminalisation of Cartel Conduct (2011) 34 Australian Bar Review.
Justice Gordon is the Chair of the Academic Advisory Board, Faculty of Business and Law, Deakin University and a member of the Elders and Respected Persons Panel of Tarwirri – The Indigenous Law Students and Lawyers Association of Victoria.
On 16 November 2010 Justice Gordon hosted Judge Shimobaba from the Nagasaki District Court of Japan, Judge Gen Ueno a visiting scholar at the Asian Law School, Melbourne University and Mr Karube a Court Clerk from the Sendai District Court of Japan. Justice Gordon presented sessions to the judges about the individual docket system, case management and an integrated court environment (eCourt).
From 31 January 2011 to 11 March 2011 Justice Gordon and Justice Gray participated in the Indigenous Clerkship Program in conjunction with the Supreme Court of Victoria and the Victorian Bar.
On 16 February 2011 Justice Gordon hosted the University of Melbourne Chuo Summer School for Japanese students.
Justice LOGAN attended, at his own expense, the International Bar Association Conference in Vancouver in October 2010. On 18 November 2010 as guest speaker at the conference dinner for the Taxation Institute of Australia’s Annual Taxation Intensive on the Gold Coast, he delivered a speech entitled, A Trip Down Memory Lane (Why have judges determining taxation appeals?). In January 2011 Justice Logan attended the Supreme and Federal Court Judges’ Conference in Wellington, New Zealand.
Justice Logan continued to serve as a judicial member of the Queensland Bar Association’s CPD Committee throughout the year with responsibility for assisting in the planning of the Bar’s annual conference. He attended that conference on the Gold Coast in March 2011, including participating as a panel member at a conference session entitled, ‘10 things I don’t like about you’ (particular practices of barristers which irritate judges).
Other legal educational activities in which Justice Logan engaged were: to preside over the judging panel for the final of the Red Cross, Queensland Branch International Humanitarian Law Moot Competition for Secondary Schools on 12 August 2010; to act as a moot judge for the local phase of the Jessup International Moot Competition on 31 January 2011; to deliver a seminar presentation on Federal Court practice to members of the legal profession in Townsville on 26 March 2011; and to chair the Queensland Bar’s CPD seminar on the Australian Consumer Law Amendments to what is now the Competition and Consumer Act 2010 on 11 May 2011.
Justice Logan also continued to serve throughout the year as a member of the Board of Governors of Cromwell College within the University of Queensland.
On 6 August 2010 Justice PERRAM delivered the annual address to the Challis Tax Discussion Group at the Australia Club entitled Text and Complexity: why more law is bad law. In September 2010 Justice Perram delivered an address to the Government Solicitors Conference at the Hilton Hotel in Sydney.
From 6–10 September 2010 Justice Perram attended a meeting of the International Institute for the Unification of Private Law (UNIDROIT) at its seat in Rome, Italy on behalf of the Australian Government and the Court. The meeting concerned negotiations towards the drafting of a convention on the treatment of intermediated securities.
Justice Perram was the judicial scholar in residence at Flinders University in Adelaide from 18–22 October 2010.
In August 2010 Justice FOSTER made a presentation to interested members of the New South Wales Bar Association on the Federal Court’s jurisdiction under the International Arbitration Act 1974. In the same month, he attended the New South Wales Supreme Court Annual Corporate Law Conference. The theme of the Conference on this occasion was: ‘Restructuring Companies in Trouble: Director and Creditor Perspectives’. In late August 2010 Justice Foster attended a weekend Trade Practices Workshop organised by the Trade Practices Committee of the Business Law Section of the Law Council of Australia.
From 26–29 September 2010 Justice Foster participated in the ‘Australia/ New Zealand Faculty Development Program 2010’ conducted by the National Judicial Institute (Canada) in collaboration with the National Judicial College of Australia, the Judicial Commission of New South Wales, the Judicial College of Victoria and the Institute of Judicial Studies, New Zealand.
On 13 October 2010 Justice Foster was a panel member in a New South Wales Law Society hypothetical held at the Federal Court which canvassed issues faced by practitioners, clients, mediators and judges in a typical dispute, with a focus on assisted dispute resolution. Also in October Justice Foster attended the Australian Financial Review International Dispute Resolution Conference 2010.
In November 2010 Justice Foster attended the annual Clayton Utz International Arbitration Lecture at the Supreme Court of New South Wales and in January 2011, the Supreme and Federal Court Judges’ Conference in Wellington, New Zealand.
From 21– 23 March 2011 Justice Foster attended the Third Judicial Seminar on Commercial Litigation in Sydney organised by Chief Justice Spigelman AC, Chief Justice of New South Wales. The Seminar was attended by delegates from Australia, Hong Kong, India, Japan, Macao, Malaysia, New Zealand, Papua New Guinea, Singapore, South Korea and Sri Lanka. In association with Justice Chong from Singapore and Justice Reyes from Hong Kong, Justice Foster made a presentation on International Commercial Arbitration: Recent Developments.
On 31 March 2011, Justice Foster was a speaker at a University of New South Wales Continuing Legal Education (CLE)/CPD seminar at the Grace Hotel, Sydney on the topic of Aspects of Ethics and Professional Responsibility – Rule 184.108.40.206, covering: confidentiality and privilege; communications and duty to follow instructions; and relationship with the Court and professional colleagues.
Justice Foster chaired a session on ‘International Commercial Arbitration’ at the International Commercial Law, Litigation and Arbitration Conference held in Sydney from 5–7 May 2011.
During 2010–11 Justice BARKER regularly contributed, as a member of the Committee, to the work of the Committee on Indigenous Justice Issues in Western Australia convened by the Chief Justice of Western Australia.
In October 2010 Justice Barker convened and participated in a Native Title Forum at the Western Australia Registry at which consent determination procedures and options for future native title case management were discussed with a range of practitioners and party representatives in light of proposals of the State of Western Australia concerning land management.
In November 2010 Justice Barker presented a paper, What makes a good government lawyer to the Australian Government Solicitors, Essentials for the Government Lawyer Conference, Canberra. In the same month, Justice Barker made a presentation to the LegalWise Seminar, Perth, How Judges Make Decisions.
Justice Barker attended the Supreme and Federal Court Judges’ Conference in Wellington, New Zealand from 22–26 January 2011.
In April 2011 Justice Barker convened and participated in a second Western Australia Registry Native Title Forum. Consent determination procedures and options for future native title case management were discussed with a range of practitioners and party representatives in light of the abolition of the old Office of Native Title in the State Department of the Attorney General, and creation of a new Land Access and Native Title Unit in the Department of Premier and Cabinet.
On 10 May 2011 Justice Barker was the Guest Speaker at the University of Western Australia Law School, Award Ceremony for the 2010 Academic Year.
On 13 October 2010 Justice KATZMANN addressed Legal Aid Solicitors on Mental Health and Wellbeing in the Legal Profession during Mental Health Month New South Wales. Justice Katzmann is a member of the board of the Tristan Jepson Memorial Foundation.
On 23 October 2010 Justice Katzmann participated in a panel discussion on ‘Unrepresented Litigants’ at the Environment and Planning Law Association Conference in Kiama and on 13 November 2010, addressed the 2010 Annual Assembly Conference of NSW Young Lawyers on advocacy.
In October 2010 and May 2011 Justice Katzmann provided assistance to the New South Wales Bar Association Bar Practice course.