Gageler CJ on constitutional scholarship

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Editor’s picks

• The New Constitutional Scholarship in Australia - The Hon Chief Justice Stephen Gageler AC
   

• Witness Preparation and the Corruption of Memory: A Survey of Australian Trial Judges - Mark J Steele, Jason M Chin and Celine van Golde
   

• Policies to Ensure that AI Benefits Free Access to Law by Graham Greenleaf, Philip Chung, Andrew Mowbray :: SSRN

  “This paper examines what policies concerning artificial intelligence (AI) applications to law will ensure the greatest benefits for the goal of free access to law. The AI systems particular those using ‘generative AI’ and those based on ‘rules as code’ require particular consideration at present. It considers two types of policies: first, Government policies adopted in relation to access to, and uses made of, legal information originating from the State; and second, the policies adopted by LIIs (legal information institutes) themselves.LII policies are illustrated mainly by AustLII (Australasian Legal Information Institute) practices.”
   

• Smolin v Dailymail.com Australia Pty Ltd - NSW Caselaw
  “Orders… (2) The defendants are released from their Hearne v Street obligations (Hearne v Street (2008) 235 CLR 125) in relation to the e-book “Sexual Chronicles of a Psychopath” for the purpose of providing it to an officer or officers of the New South Wales Police Force and/or the Queensland Police Service, for the purpose of reporting possible criminal conduct by the plaintiff.”

   

• Attorney-General (Cth) v Patrick [2024] FCAFC 126

  [1] “The principal issue raised by this appeal may be stated as follows: where a person requests access to an official document of a Minister under the Freedom of Information Act 1982 (Cth) (the FOI Act), at what point (or points) in time is it to be determined whether the document is an “official document of a Minister”? The primary judge concluded that the answer is: at the time that the request for access is made (and only at that time): Patrick v Attorney-General (Cth) [2024] FCA 268 (the Reasons). The appellant, the Attorney-General of the Commonwealth of Australia (the Attorney-General), contends that the primary judge erred, and that the answer is: both at the time the request for access is made and at the time that a decision is made whether to grant access to the document. The consequence of the answer given by the Attorney-General would be that, if a document was an “official document of a Minister” at the time the request was made, but ceased to be so when the request was decided, there would be no entitlement to access the document under the FOI Act. For the reasons that follow, we consider that the primary judge was correct to conclude that the answer is at the time the request for access is made (and only at that time). It follows that the appeal is to be dismissed.”
   

• Lang's battle with the Governor and the King - Anne Twomey - YouTube
  “This is the first in a series of videos relating to the NSW Lang Labor Government and the constitutional crises that it encountered or provoked, culminating in the eventual dismissal of the Lang Government.

  This video tells a great story of the background of the Governor, Sir Dudley de Chair, and then discusses de Chair's relationship with Lang during the first Lang Government in 1925-27. It addresses attempts to swamp and then abolish the NSW Legislative Council, the constitutional question of whose advice the Governor acted upon, a request for a 'secret' grant of a dissolution and how Lang managed to clear out his ministry. It also explains how Lang caused the King to thump the table in anger.”
   

• Young Migration Lawyer Making –The Callover – Apple Podcasts

  “Palwasha Nawabi is part of a generation of young lawyers seeking to make a positive impact on society. In 2023, Palwasha was awarded the Law Council of Australia – Australian Young Lawyers Award in recognition of her significant achievement in leading the operational and administrative aspect of a pro bono initiative which resulted in the successful procurement of 90 subclass 449 visas for many Afghan women and their families and permanent residence visas for those who chose to settle in Australia.”

   
  International

   

• Marcellus Williams executed for murder of Felicia Gayle despite lawyers, prosecution, and others suggesting his innocence - ABC News
   

• A Kentucky sheriff is accused of murdering a judge in his chambers. Here's what we know - ABC News
   

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