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Daily wrap

  • [1] This is a somewhat Kafkaesque case. It concerns an individual’s attempt to have an apprehended domestic violence order (“ADVO”) revoked when that order had already expired or was about to expire. It involves the purported temporal extension of the order beyond its expiry date for the singular purpose of then having it revoked. It raises the ugly issue of court delays and highlights inconsistencies and ambiguities in official records as to what actually happened in court, and why it happened. Finally, it involves a possible outcome in this Court which has real potential to operate unjustly against an individual. To understand that deceptively enticing introduction, it is necessary to set out the process which is now before the Court and a history of the case in the court below.

  • Our new research, conducted with colleagues at Melbourne Law School, highlights significant and enduring deficiencies in the legal frameworks concerning debt collection by government agencies. We propose reforms to improve the debt collection practices of public agencies and reduce the risk that government debt collection will cause further serious and unjustifiable harm.

  • MR HERZFELD: …As a matter of generalisation, counsel appearing in inferior courts are likely to be more junior and less able than those appearing in superior courts.

    STEWARD J: What is the basis for that observation?

    MR HERZFELD: It is common experience that as counsel become more senior, they seek to appear ‑ ‑ ‑

    STEWARD J: Your common experience?

  • On 30 May the Parliamentary Joint Committee on Human Rights released its much anticipated report on its Inquiry into Australia’s Human Rights Framework. It outlined 17 detailed recommendations to reinvigorate this Framework and strengthen Australia’s commitment to human rights. Its core recommendation was the adoption of a National Human Rights Act. Josh Burns, MP, was the Chair of this Committee which received 335 submissions and heard from 87 witnesses. Join us to hear from Josh as he outlines the nature, scope and justification for a National Human Rights Act and the other recommendations of the Committee.


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