Equity, Iraq & Weimar

It has been a long time since I scraped through equity but I do recall the doctrines of ‘undue influence’ and ‘unconscionable conduct’: if one party enters a contract with another where there is a particular relationship of trust and confidence between the parties. As Mason J put it in Commercial Bank of Australia v. […]

Reading the dismissal

Lecture this week on the dismissal of 1975. In preparation for which reread Whitlam’s The Truth of the Matter and for the first time Kerr’s Matters for Judgement and Lee & Winterton’s Australian Constitutional Landmarks. There is some interesting material in Kerr, such as his unsuccessful attempts to persuade the Anglophobic Eddie Ward that British […]

Bills of rights

A silly piece by University of Queensland law academic James Allan. We are told that a bill of rights would give power to ‘unelected judges’ and an ‘aristcratic judiciary’ and ‘take power away from our elected representatives and give it to committees of ex-lawyers’. It all sounds very democratic.  But judges administer a law determined […]

The living Constitution

Looking over Janet Albrechtsen’s dreary little hymn of hate on Michael Kirby: And contrary to the claims of Kirby and his civil libertarian cheer squad, Callinan has not trashed the decision in the Communist Party case. The cases are different. Notorious facts about the dangers of communism were not established in that 1951 case. the […]