Welcome to Eureka Street

back to site
Forgot your password?
Subscribe

Keywords: Solicitor

  • AUSTRALIA

    In praise of unsmiling Hayne

    • Moira Rayner
    • 07 February 2019
    9 Comments

    An academic friend of mine made a dilligent and well-argued case that Hayne had failed in his task to 'tackle bank structure'. With the greatest of respect, this was not the job Hayne had to do. To imagine otherwise is to misunderstand both the law, and what it is 'meant' to do in the hands of those who are judicially trained.

    READ MORE
  • AUSTRALIA

    How we decide if asylum seekers lie

    • Douglas McDonald-Norman
    • 14 September 2018
    6 Comments

    In the five years I worked in refugee law, some of the most complicated challenges I encountered were questions regarding the 'truthfulness' or 'credibility' of an asylum seeker's claims. These subjective findings of credibility can make the difference between a person being granted asylum or being turned away.

    READ MORE
  • AUSTRALIA

    Consolations from the Liberal Party mess

    • Frank Brennan
    • 25 August 2018
    25 Comments

    Dutton would never have enjoyed any legitimacy as PM given the tactics he employed to get there, and such behaviour would have been repeated and rewarded yet again in the future. Even in the derelict state of Australia's contemporary politics, Dutton's perfidy augmented by Abbott's desire for revenge are no longer to be rewarded.

    READ MORE
  • INTERNATIONAL

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

    • Frank Brennan
    • 12 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.

    READ MORE
  • RELIGION

    It is time to stop equivocating about domestic violence

    • Sean Lau
    • 01 August 2017
    17 Comments

    As the responses poured in to the ABC’s story on domestic violence in evangelical churches, I was reminded of the discomfort Saint Augustine showed, in The Confessions, towards his father beating his mother. But he still praised his mother for placating her husband to avoid beatings, and for criticising wives who were beaten. Augustine, then, while possibly opposing domestic violence, had no idea what to do about it, and endorsed behaviour that made it worse.

    READ MORE
  • AUSTRALIA

    RIP David Passi, last surviving Mabo plaintiff

    • Frank Brennan
    • 26 June 2017
    7 Comments

    Anglican priest, traditional landowner and land rights campaigner David Passi has died. He was the last surviving plaintiff in the historic Mabo decision. A year after the Mabo decision I travelled to the Torres Strait and met James Rice and Passi, the two successful litigants in the case. Returning by boat to the mainland from the island of Mer in the Murray Islands, the waters of the Torres Strait were exceedingly calm.

    READ MORE
  • AUSTRALIA

    No minister is an island

    • Kate Galloway
    • 23 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.

    READ MORE
  • ENVIRONMENT

    Ethical reflections on seeking sustainable development for India

    • Frank Brennan
    • 28 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.

    READ MORE
  • AUSTRALIA

    Stand with heroic Gillian Triggs

    • Moira Rayner
    • 25 October 2016
    55 Comments

    This damnable pursuit of Gillian Triggs must stop at once. Triggs is an outstanding independent statutory office holder, one of the many appointed by governments over decades to remind them of Australia's international human rights obligations and to oversee the functions of laws to mitigate social wrongs such as age, race, disability and sex discrimination in public arenas. But no government likes watchdogs on the moral and legal limits on its power.

    READ MORE
  • AUSTRALIA

    Asylum seeker's long wait for judgement day

    • Shira Sebban
    • 18 October 2016
    12 Comments

    Finally he is having his day in court. After 13 months languishing in limbo in immigration detention, he has been given the opportunity to be heard. Hopefully, it won't be long now before his case is determined and his torment resolved. Or so I thought. But in today's Australia, asylum seekers are not treated the same way as you or me. I meet him not as originally planned in the courtroom itself, but in the bowels of the building where he has been confined for the second day in a row to a tiny cell.

    READ MORE
  • RELIGION

    Religious freedom in an age of equality

    • Frank Brennan
    • 23 September 2016
    18 Comments

    'No good will be served by a royal commission auspiced by the state telling a Church how it judges or complies with its theological doctrines and distinctive moral teachings. By all means, set universal standards of practice expected of all institutions dealing with children, but do not trespass on the holy ground of religious belief and practice.' Fr Frank Brennan SJ addresses the Freedom for Faith Conference in Melbourne, 23 September 2016.

    READ MORE
  • RELIGION

    Plebiscite the only way forward for Turnbull on marriage equality

    • Frank Brennan
    • 06 September 2016
    23 Comments

    Once Turnbull went to the election with a commitment not to legislate for same sex marriage except after the conduct of a successful plebiscite, it was inevitable that the only way forward to resolving the issue during the life of this parliament would be by enacting legislation to authorise a plebiscite. A conscience vote during the life of this parliament, and without a plebiscite, would leave the opponents of same sex marriage rightly feeling that the government had breached an election commitment.

    READ MORE