Assistance of counsel

It is customary (at least in the courts where I often practise) that at the conclusion of a hearing, the judge usually thanks counsel for their assistance.  I am not quite sure what happened in Federal Commissioner of Taxation v Hoffnung Ltd (1928) 42 CLR 39 which was...

Women’s Voices

Stories about sexual assault, gender equality and the role of women in society generally have figured prominently in the media over the past year or so. Probably inspired by that,  the ACT Chief Justice (Helen Murrell) gave a very interesting speech to the ANU Law...

Not Fit and Proper

We know from last month’s post that prior work experience as a male prostitute and pleading guilty to sex charges doesn’t necessarily mean you aren’t a fit and proper person to practise as a lawyer. However, making misrepresentations to the Bar...

Fit and Proper

The requirement for lawyers to be a fit and proper person has received same media coverage in recent weeks. This means that aspiring lawyers (or those who are already Attorney General) have to have the personal qualities necessary to discharge the duties associated...

The Burial

You know it’s not easy being a judge when you conclude your judgment (in State of South Australia v Ken & Ors [2021] SASC 10) with the following: I acknowledge that this decision will be a source of great pain to the second and fifth respondents. I can only...