Search Results: High Court Judges

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  • ARTS AND CULTURE

    A painter's lament

    • Clotilde Lopez
    • 20 May 2018
    1 Comment

    If you listen carefully, the sound of each colour can be heard, the scrunch of each mineral discerned, each cadence, a trace of its former life, a finer distinction. Relieved of its cumbersome form, it becomes lighter and mixes with white spirit like a cocktail blast of violets, mauves and ochres, ground to a fine powder and wet with new life.

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  • RELIGION

    Seeking a true new start for all job seekers and workers

    • Frank Brennan
    • 07 November 2017

    'We need to recommit to work for all those who are able and willing. We need to recommit to social assistance for all those who are not able. We need to ensure that a life of frugal dignity is within the grasp of all citizens.' 2017 Rerum Novarum Oration by Fr Frank Brennan SJ

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  • INTERNATIONAL

    Different country, different culture (or how different legal systems view deal-making)

    • Frank Brennan
    • 11 October 2017

    In the 16th century it was the Dominican friars like Vitoria, Las Casas and Montesino in Salamanca who confronted the state and challenged public opinion about the rights of the indigenous peoples in Spain's newly colonised lands. Not even the most nostalgic and forgiving Jesuit would opine that the modern practitioners of Morality with a capital M challenging the powers of the market and the state would be found in a modern monastery.

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  • RELIGION

    NAIDOC Week homily

    • Frank Brennan
    • 02 July 2017

    There is no point in proceeding with a referendum on a question which fails to win the approval of you, the First Australians. Neither is there any point in proceeding with a referendum which is unlikely to win the approval of the overwhelming majority of the voting public, regardless of when they or their ancestors first arrived in Australia. Given that you Indigenous Australians have spoken strongly through your representatives at Uluru in support of a First Nations Voice, it is now for the Referendum Council to recommend to government a timetable for constitutional change with maximum prospects of a 'Yes' vote.

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  • AUSTRALIA

    No minister is an island

    • Kate Galloway
    • 22 June 2017
    9 Comments

    Three Commonwealth ministers faced the Victorian Court of Appeal on 16 June to make submissions as to why they shouldn't be charged with contempt of court. This extraordinary occurrence arose because the ministers made public comments about a sentencing matter still under deliberation. Andrew Hamilton has in these pages looked at how the ministers' comments might offend the presumption of innocence. However, there is a further issue at stake - a question of good government.

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  • AUSTRALIA

    An inclusive Australia

    • Frank Brennan
    • 12 June 2017
    1 Comment

    This evening, we come together deliberately as people of diverse faiths and none, affirming the blessing of life in an inclusive country where all world views are to be respected. We are able to affirm that our spiritual lives sustain and strengthen our public lives and the vitality of the polis. Our Muslim hosts show us how to give thanks reverently for all the blessings of life, and how to attest publicly the spiritual dimension of all human life. Those of us who are migrants or descendants of migrants need to be particularly attentive to the yearnings and aspirations of those Australians who rightly claim an indigenous heritage with ancestors who have thrived on this continent for up to 60,000 years.

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  • AUSTRALIA

    On Aboriginal land: seeking a place at the table

    • Frank Brennan
    • 30 May 2017
    6 Comments

    Indigenous leaders this last week have called for the creation of two new legal entities. They want a First Nations Voice enshrined in the Constitution, and a Makarrata Commission set up by legislation. The Makarrata Commission would supervise agreement making between governments and First Nations and engage in truth telling about history. The envisaged destination is a national Makarrata (or treaty). So the immediate constitutional issue is the creation of the First Nations Voice. There is no point in proceeding with a referendum on a question which fails to win the approval of Indigenous Australia. Neither is there any point in proceeding with a referendum which is unlikely to win the approval of the voting public.

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  • RELIGION

    Let's amend 18C to say what it means

    • Frank Brennan
    • 13 March 2017
    24 Comments

    The debate over section 18C of the Racial Discrimination Act (18C) has gone on for far too long. It's time to bring it to a close. To date, I have been silent in the present debate, in part because I was a critic of such legal provisions when they were first proposed in 1992 and again in 1994. I have since been convinced that a provision like 18C could be designed to target racial vilification, leaving offensive insults beyond the reach of the law in a robust democracy committed to freedom of speech.

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  • RELIGION

    Ensuring justice for all after the Royal Commission

    • Frank Brennan
    • 16 February 2017
    3 Comments

    The commission's forensic scrutiny of past actions of church officials in no way constitutes an interference with the freedom of religion. Its spotlight is to be welcomed, provided only that it is shone on a truly representative sample of all institutions which have been found wanting and provided the same light filter is applied to all institutions. I do however have a problem with the commission making findings on issues like the want of compassion when those findings are made only against a Church.

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  • AUSTRALIA

    Our first female High Court chief justice is first class

    • Moira Rayner
    • 29 November 2016
    10 Comments

    So the High Court finally has its first woman chief justice. Mainstream media have seized upon this as a remarkable achievement for the legal profession and as 'a fair go' for the empowered woman of 2016. Kiefel's attainment of her highest goal should be recognised as no such lesser win. It is right and proper recognition of the suitability of a solidly trained and experienced lawyer, and the product of this individual human being's commitment to the law and its customs, protocols and conventions.

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  • ENVIRONMENT

    Ethical reflections on seeking sustainable development for India

    • Frank Brennan
    • 27 November 2016

    'No matter what the economic, political and legal problems confronted by modern day India, our response can be improved by an application of the key principles and norms developed in the international law of trade and human rights, helping to enunciate the realm of law, regulation and political accountability, enhancing public scrutiny providing the right environment for doing business.' Frank Brennan presents the 25th JRD Tata Oration, Xavier School of Management, Jamshedpur, India, 26 November 2016.

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  • AUSTRALIA

    The criminal law 30 years on

    • Frank Brennan
    • 12 October 2016
    2 Comments

    With idealism and pragmatism, I invite you criminal lawyers in the next 30 years to imagine and enact a better criminal justice system which alleviates rather than exacerbates the devastating effects of colonisation and marginalisation on Indigenous Peoples, and most particularly their children. An intelligently designed criminal justice system must help secure the foothold of Indigenous children in both the Market and the Dreaming.

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