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					      Macquarie Law Notes
      NEWSLETTER                      OF MACQUARIE UNIVERSITY - DIVISION OF LAW
       VOLUME 2                                                                                                               NOVEMBER 2002



                                                      This year I took the academic staff away          reviews being undertaken by the
      FROM THE DEAN                                   on Retreat (or as one dubbed it,                  Australian Universities Quality
                                                      ‘Advance’) again, two years to the day            Assurance agency over the next two
                                                      since our first one. We went again to             years – Macquarie being one of the first
                                                      the wonderful Manly Quarantine                    sites for review.
                                                      Station – a most extraordinary place,
                                                      a heritage site, on the opposite side of          It has been an exciting year and next
                                                      the harbour from the Macquarie                    year promises to continue apace. Some
                                                      Lighthouse, which in itself provided an           highlights of this year are included in
                                                      appropriate physical metaphor for our             these Notes – a selection of many which
                                                      endeavours. It proved a time once                 we invite you to share with us.
                                                      again of reflection and goal setting. It
                                                      also led to the preparation of the
                                                      Strategic Plan 2003-2005 for the
                                                      Division, as part of the University’s
                                                      revision of all its plans during the quality
                        Professor Rosalind Atherton

      2002 has proved another extremely
      busy and productive year for Macquarie
      Law – some of which is captured in                  MOOT COURT NAMED
      this our second issue of Macquarie Law
      Notes. The highlight of the year has
      been the implementation of the
                                                          AFTER TREVOR MARTIN QC
      appointment of a Macquarie University               Macquarie Law’s new Moot Court opened in
      Distinguished Visiting Professor in Law             November and has been named in honour of
      through the Millennium Grant to the                 Trevor Martin, a very popular figure in the Law
      Division by the Vice-Chancellor,                    school during the 1980s. In 1937 Trevor
      Emeritus Professor Di Yerbury. This                 graduated from the Sydney University Law
      has enabled both the refurbishment of               School. He went to the bar in 1945,
      a dedicated room for postgraduate                   subsequently became a QC and spent 28 years
      research students and the Moot Court,               in chambers, before becoming a District Court
      but also our plan for the five years of             Judge for several years. Trevor joined Macquarie
      the grant to appoint Distinguished                  in 1984 as Honorary Visiting Fellow and was a
      Visiting Professors in areas of research            friend to all who knew him during his time here.
      excellence in the Division, eg 2002
      highlights Legal History; 2003 –                    It is fitting that the name of such a fine lawyer, scholar, teacher, friend and
      Environmental Law; 2004 – Health Law                concerned and active citizen be commemorated in the Law School he
      and Ethics.                                         loved so much.
      The creation of a special space for our
      research students is part of our plan
      for the enhancement of the research
      culture in the Division, of which the
      research students form an essential part.
                                                      KEEP IN TOUCH                                     photos or details in future issues of
                                                                                                        Law Notes.
      We have expanded our group of                   We love to hear about the
      doctoral students through the                   achievements of our Law alumni and
      increasing reputation of the Division and       would welcome those who wish to                      Contact:
      through scholarship support by the
                                                      address the current Law students in                  Fran Chandler,
      University and key sponsors, such as the
      NSW Bar Association. Dr Peter Radan             their particular field of expertise.                 Editor of Macquarie Law Notes.
      and now Ms Vijaya Nagarajan have both           If you are planning any class                        Email:
      proved exceptional Directors of                                                                      fran.chandler@mq.edu.au
                                                      reunions, we would be happy to
      Postgraduate Studies (Research).
                                                      promote the event and feature
                                                                                                                                                   1


W02081_law_notes_5               1                                                            7/11/02, 2:52 PM
         THE YEAR OF LEGAL HISTORY
       2002 has been the year of legal history                                                                     Division of Law at Macquarie. “The
       for the Division of Law. We have had                                                                        tremendous energy and enthusiasm
       a number of distinguished legal                                                                             for legal history generated by the
       historians visiting the Division and we                                                                     visiting professors, the conference and
       have undertaken new undergraduate                                                                           the journal has been marvellous,” said
       teaching initiatives in legal history in                                                                    Andrew. “The Division of Law at
       conjunction with international                                                                              Macquarie is now the premier
       universities. The Division has also                                                                         institution for the study of legal
       taken on two new PhD students in                                                                            history in Australia,” he added.
       legal history and hosted a highly
       successful international conference on
                                                          Professor John McLaren is pictured (centre) at the       Professor Mason
                                                          Banco Court under a portrait of Sir Francis Forbes,
       legal history. The running of the                                                                           The Honourable Keith Mason, who
                                                          the first Chief Justice of NSW. With him are the
       Australian Journal of Legal History has            Hon. J.J. Spigelman, Chief Justice of NSW, and the
                                                                                                                   is President of the Court of Appeal
       also moved to the Division. This                   Dean of Law, Professor Rosalind Atherton.                of NSW and was recently on
       interest in legal history reflects the                                                                      sabbatical, also came to the Division
       research strengths in this field within            As well as Professor McLaren, who                        this year as a Visiting Professor. Justice
       the Division.                                      spent his time in the Division working                   Mason was keen to come to
                                                          on a study of judicial decision-making                   Macquarie to work with Professor
       “Most law schools are fortunate to                 in the nineteenth-century British                        Bruce Kercher as they have a mutual
       have one legal historian; for the                  Empire, other distinguished legal                        interest in colonial legal history.
       Division of Law at Macquarie to have               historians to visit the Division                         As a former Solicitor General for
       three is outstanding”, (referring to               included Professor Bruce Mann from                       NSW, Justice Mason’s extensive
       Professors Rosalind Atherton and                   the University of Pennsylvania, Dr                       experience, particularly concerning
       Bruce Kercher, and Andrew Buck).                   Christopher Tomlins from the                             public law, restitution and issues
       This was the opinion of Professor John             American Bar Foundation and                              regarding law and religion made him
       McLaren, Lansdowne Professor of                    Professor Carolyn Strange from the                       an invaluable asset to the Division
       Law at the University of Victoria,                 University of Toronto. Joining the                       during his stay.
       Canada, when delivering the inaugural              Division from this year as an Adjunct
       Macquarie Lecture at the Banco                     Professor will be the distinguished
       Court in Sydney. Professor McLaren                 Australian legal historian Dr John
       was a Distinguished Visiting Professor             Bennett, who will be continuing his
       in the Division of Law earlier this year.          work on his multi-volume history of
       Professor McLaren’s visit coincided                Australian Chiefs Justice.
       with the international legal history
       conference,“Law’s Enterprise”, hosted              Professor Bruce Kercher has
       by the Division of Law and organised               continued work on his unique and
       by Andrew Buck and Professor Bruce                 invaluable research web-site,
       Kercher. That conference, held at                  Decisions of the Superior Courts of
       Katoomba in July, attracted more that              New South Wales, 1788-1899, which                        The Honourable Keith Mason
       fifty eminent legal historians from the            makes available, for the first time,                     Justice Mason delivered a lecture
       United States, Canada, New Zealand                 previously unreported decisions in                       entitled “Punishing crime and forgiving
       and Australia.                                     early Australia. This painstaking                        sin”. He also lectured students in
                                                          project has now advanced to 1838,                        administrative law and evidence and
                                                          and, as recent scholarship is beginning                  presided over a moot.
                                                          to show, has fundamentally changed                       Justice Mason also presented a staff
                                                          our understanding of the origins of                      seminar on “Why some Cases are
                                                          Australian law. The web-site is at:                      hard: A View from the Inside” (when
                                                          http://www.law.mq.edu.au/scnsw.                          a judge has choices concerning the
                                                          Andrew Buck, who teaches property                        way he will proceed with a case).
                                                          and legal history in the Division,                       Next year there are visiting
       Professor Bruce Kercher (front left) and Andrew    recently took over as editor of the                      professors planned in each
       Buck (centre) with other delegates at the “Law’s   Australian Journal of Legal History,                     department, all part of developing the
       Enterprise” Conference in July.                    which has moved from its former                          academic and professional outreaches
                                                          home at Adelaide University to the                       of the Division of Law.
   2

W02081_law_notes_5                    2                                                                  7/11/02, 2:52 PM
       U.S. Lecture Series                             MQ Law students off to
                                                       Chicago again!                                           Tress Cocks & Maddox
       During the course of his study leave
       in April, Dr Peter Radan, a senior
                                                                                                                Scholarships
                                                       Macquarie Law was invited for the third
       lecturer within the Department of               time to participate in the Annual
       Law, was invited to present two                 International Moot Court Competition in
       seminars in Boston.                             Information Technology and Privacy Law
                                                       during October and won sixth place out                           Scott Monin

       The first was for the Charles Francis           of 33 teams.
                                                       This is a prestigious international                      Tress Cocks &
       Adams Lecture Series at Tufts                   mooting competition run by the John                      Maddox in Sydney
       University, where he presented ‘The             Marshall Law School in Chicago. US                       recently awarded
       Legality of Secession: Perspectives             law schools fight through an application
                                                                                                                a scholarship to
       from Yugoslav, Canadian and American            process for a spot in the competition
                                                                                                                Scott Monin, a Law student at Macquarie.
                                                       whereas non-US law schools must be
       Constitution Law’. The second was               invited to participate.                                  The other two recipients of TCM
       for the Graduate & International Legal          Only two other Australian law schools                    scholarships came from Sydney University
       Studies Program at Harvard University,          were invited this year. Our team                         and Murdoch University in Melbourne.
       where the presentation was entitled:            consisted of Jennifer Bautista and                       Scott has also been awarded a summer
       ‘International Law and Secession:               Claudina Vranken and, according to                       clerkship at TCM and will be working
                                                       Cyberspace Law lecturer, Yee Fen Lim,                    there from the end of November till late
       Lessons from the Former Yugoslavia’.            they both worked very hard on the brief                  January. He was one of 1200 applicants
                                                       and in practise moots.                                   and only four positions were available.
       These seminars reflect Peter’s                  This is an excellent opportunity for                     Congratulations Scott!!
       continued research interests in                 Macquarie Law students to broaden their
       relation to the broad issue of                  experience and to foster new friendships.
       secession and the creation of new               International finalists meet US Federal
                                                       Court judges, as well as distinguished                  for an action or as a legal wrong in itself.
       states. Peter’s study leave program             law professors and practitioners who act
       took him to Canada and the U.S. for             as judges for the competition.                          With a view to understanding hatred as an
       research on the topics of the                                                                           historical, social and legal concept, papers
       territorial configuration of a future                                                                   discussed genocide,pornography,sexuality,racial
       independent Quebec, and American                                                                        vilification, common law remedies for hate
       jurisprudence of the constitutionality          2002 Lunchtime Seminars                                 speech, blasphemy, and hate crime legislation.

       of secession.                                   Every year the Division of Law hosts a variety          The centre-piece of the series was “Punishing
                                Peter Radan at Tufts   of lunchtime seminars where scholars of                 Hatred: A Discussion about Hate Crime
                                                       national and international standing present             Legislation”. Professors Heidi Hurd and
                                                       their work to the Macquarie Law community.              Michael Moore from the University of San
                                                                                                               Diego presented this paper, arguing against
                                                       Between May and October the thematic                    hate crime legislation. Formal responses were
                                                       series was entitled Language,Violence and Justice:      delivered by Dr Gail Mason (Sydney
                                                       The Legal Regulation of Hatred.                         University) and Dr Kath Gelber (UNSW). This
                                                                                                               seminar attracted interest not only from the
                                                       These seven seminars, convened by Lawrence
                                                                                                               Macquarie Law community but from public
                                                       McNamara, examined the ways in which the
                                                                                                               sector agencies dealing in related areas.
                                                       law deals with hatred as either the motivation



          VALE PETER NYGH
          The first Head of Macquarie’s Law            Law at Macquarie. His fields were private
          School, The Hon. Dr Peter Nygh AM,           international law, comparative law and
          died in June this year after a short ill-    family law. Peter left Macquarie in 1979
          ness.                                        to become a judge of the Family Court.
          Educated in Holland, he came to Aus-         In 1987 he was awarded a Doctor of Laws
          tralia in 1951 and attended Sydney Uni-      degree from Sydney University and he
          versity Law School. In 1960 he be-           retired from the Family Court in 1993.
          came a lecturer at the University of         Peter was highly regarded and very much
          Tasmania, then in 1964 a Fulbright           missed by the Court and his judgments
          Scholarship took him to the U.S.             were looked upon as embodiments of
          During 1965 Peter moved to Sydney            sound and well-reasoned decision
          University where he became a profes-         making.
          sor in 1969. In 1971 he lectured in          In the 2002 Australia Day Honours, Peter
          Germany for a year. He then left Syd-        was awarded membership of the Order of
          ney University in 1974, following his        Australia for his contributions to interna-
          appointment as Head of the School of         tional and domestic law.                                The Hon. Dr Peter Nygh AM



                                                                                                                                                                 3


W02081_law_notes_5                 3                                                                 7/11/02, 2:53 PM
      Macquarie University Law Society News
      For the first time, MULS membership has          Commemorative Dinner                                      efforts of all 28 cast members and concreted
      been extended to every law student at                                                                      this event in the MULS calendar.
                                                       The annual Commemorative Dinner will be
      Macquarie. This has been made possible by
                                                       held in November to celebrate the
      the strong support of Professor Rosalind
                                                       centenary of the first female law graduate,
      Atherton, Dean of Law, and the faculty staff.
                                                       Ada Evans. The night will toast the
      Free membership has given the Society
                                                       successes of women lawyers with the
      unprecedented exposure, an ability to
                                                       Honourable Justice Margaret Beazley as
      disseminate information and satisfy the
                                                       guest speaker.
      social, educational and vocational needs of
      the Macquarie Law student, propelling our
      Law School to new heights.
                                                       Social

      Education & Vocation                                                                                       The cast of “War on Terriers”
      One of the Society’s aims this year has been                                                               Competitions
      to bridge the gap between the University
      and the legal profession. This has been                                                                    Macquarie has proven itself in various
      achieved through a variety of exciting new                                                                 external competitions, including runners-up
      initiatives. The Internal Mentoring program                                                                to Deakin in the National Family Law Moot
      saw the pairing up of 1st year students with                                                               Grand Finals in August. We also fielded a
                                                       Organisers of the Adam & Eve Ball, from left, Carine
      an older, “wiser” law student to have those                                                                strong team at the Australian Law Students
                                                       Kesserwani, Sarah Bateman and Anna Boniface.
      difficult 1st year questions addressed; our                                                                Association Conference in Adelaide. Our
      much-talked-about External Mentoring             The theme of this year’s law ball, “Adam and              mooting team made the finals but
      program was launched this year, matching         Eve”, proved to be too great a temptation,                unfortunately were narrowly defeated by
      4th and 5th year students with a lawyer in       with tickets selling out at a record pace. The            Melbourne University. They did however
      the student’s area of interest. Lawyers were     evening was held at the Museum of                         take first prize for stamina, effort and their
      sourced from our sponsors, NSW Young             Contemporary Art with fire breathers                      superhuman feats!
      Lawyers and Alumni. I would like to              welcoming the attendees. From all accounts                The Peden Moot was held in October and,
      encourage Alumni to register their interest      (those remembered anyway!) the night was a                in a tight contest, the Sydney team took the
      in this program in order to satisfy the          great success. See our website for the pictorial          shield home. It was an honourable defeat
      growing demand for Mentors. Information          evidence (inclusive of half naked men!).                  and MULS looks forward to bringing the
      can be found at www.muls.mq.edu.au.              MULS hosted its third Law Revue, with this                shield back to Macquarie.
      MULS will be hosting a couple of speakers        year’s theme being “War on Terriers”. The                 Sarah Bateman
      forums focused on a variety of practice areas.   five sold-out performances toasted the                    President, MULS


       ALUMNI NEWS FROM CHRIS AND MARIA DOOGAN
       Chris and Maria Doogan are husband and          Chief Executive and Principal Registrar of
       wife Macquarie law graduates who studied        the High Court and is now in his second
       at Macquarie in the 1980s and share fond        five year term.
       memories of their time spent here. They         Chris is also Chairman of Law Courts Ltd
       both decided on career changes and              (jointly owned by the Commonwealth of
       embarked on their law studies part-time         Australia and the State of N.S.W.) and
       during careers in entirely different fields.                                                                Chris Doogan
                                                       Secretary to the Council of Chief Justices                  Photo supplied by David
       Chris commenced his legal studies at            of Australia and New Zealand.                               Coward Photography
                                                                                                                                             Maria Doogan
       Macquarie in 1980, while a Director in the      While working in the Department of                                                    Photo supplied by Federal Capital
       Department of Defence. He moved on              Commerce & Industry, Maria began her legal                                            Press of Australia Pty Ltd
       from Defence to become Director of              studies at Macquarie part-time in 1985 and                reference appeal to the Federal Court. For
       Investigations in the office of the inaugural   changed to full-time studies to finish in 1988.           some years, Maria also oversighted all sexual
       Commonwealth Ombudsman. He was then             She then became a junior prosecutor with                  assault prosecutions.
       appointed as Deputy Director of the             the Office of the Commonwealth Director                   In 1998, Maria was appointed as a Magistrate.
       Export Inspection Service.                      of Public Prosecutions where she became                   She is also a Presidential Member of the
       Chris was next recruited to work for            involved in all types of criminal prosecutions.           ACT Mental Health Tribunal and a
       Canberra’s largest law firm, MacPhillamy        Maria progressed to a position of Senior                  Presidential Member of the ACT
       Cummins & Gibson (now part of Minter            Prosecutor. As well, she was Counsel                      Guardianship Tribunal. On occasion, she is
       Ellison) where he became managing partner.      assisting the Coroner in coronial inquiries,              also called upon to preside in ACT
       Chris’s practice was a mixture of corporate     a member of the ACT Community Law                         Discrimination Tribunal hearings.
       and commercial work, administrative law         Reform Commission and a member of the                     Maria was the first person with a non-English
       and customs law.                                Navy Reserve Legal Panel.                                 speaking background to be appointed to
       His next career move was his appointment        Her work included acting as junior to the                 judicial office in the ACT. In 1999, she was
       as Deputy Comptroller-General of Customs.       inaugural ACT Director of Public                          the recipient of the Shell ACT Corporate
       Then, in late 1994, Chris was appointed by      Prosecutions in murder trials and the first,              and Government Award and was named as
       the Governor-General to be the inaugural        and only successful, Attorney-General                     the Telstra ACT Business Woman of the Year.



W02081_law_notes_5                 4                                                                   7/11/02, 2:53 PM

				
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