13.09.2019
Deodands and Frankpledges!
While there are clear commercial and economic benefits as a result of the creation of the corporation, the construction of a legal artifice of ‘the legal person’ raises fundamental questions about the applicability of the criminal law to that artifice. A corporation cannot be sent to jail. It has no soul that may be damned.
Read more13.09.2019
Be Civil not Criminal: The Role of the Criminal law in the Regulatory Pyramid
— The reality we have found is that when you actually map the criminal laws which are applicable to corporations, what you find is much closer to a rhomboid than a neat pyramid. The scope and scale and pervasiveness of criminal offences which are potentially applicable to corporations, is shocking. — Read Venetia’s full speech …
Read more04.09.2019
Of Shields and Swords – let the jousting begin!
Justice Derrington, President of the ALRC, presented at the Freedom19 Conference in Sydney. “On Thursday of last week, the Attorney-General released an exposure draft of religious freedoms reforms, which he intends to present to Parliament in final form in October. The exposure draft traverses many of the issues that were within the ALRC’s original terms …
Read more29.01.2019
Law Reform – Future Directions
When I was invited (almost 12 months ago now) to speak at this conference and on this topic, I felt relatively confident that after a year in the role as President of the ALRC, I might have some useful thoughts to share with you about future directions in law reform. That confidence evaporated rapidly when I began preparing theses remarks.
I have identified two main reasons for that loss of confidence (in addition to the obvious point that it is not a topic that lends itself naturally to humour). The first, and most important, reason has been the realisation of just how little influence the ALRC itself has in the topics that will be selected for future law reform references and the degree of political expediency involved the topics that are referred to the Commission. The second reason is the great uncertainty that surrounds the funding of the ALRC and the obvious challenge such uncertainty presents for ensuring that the ALRC can attract and retain a legal team of the highest quality.
04.10.2018
Litigation Funding: Access and Ethics
Speaking at the Australian Academy of Law lecture in Brisbane, 4 Oct 2018, the Hon Justice S C Derrington, President of the ALRC, provided some background to Litigation Funding and Class Actions in Australia, and around the world. “Against this background, I turn to consider the overarching principles by which the ALRC has been guided …
Read more01.08.2018
Professor Helen Rhoades Presentation at 2018 AIFS Conference
On 27 July 2018, Professor Rhoades presented at the annual Australian Institute of Family Studies Conference.Dowload the speech here
Read more31.05.2018
Access to justice in modern legal practice – what does it mean?
But what does access to justice mean? Is there a difference between a justice system and a
legal system? Does a legal system pre-suppose that justice is the end goal? And what, in any
event, is encompassed by notions of justice?
28.06.2017
Elder Abuse—A National Legal Response | 2017 World Elder Abuse Awareness Day Forum
Elder Abuse Reform Symposium, Melbourne Town Hall, World Elder Abuse Awareness Day, 15 June 2017, Emeritus Professor Rosalind F Croucher AM, President, Australian Law Reform Commission*AudioTranscript[Note: Professor Croucher spoke to this paper, so the text below is not an exact transcript of the recording of the presentation—some comments were added, especially at the beginning; and some …
Read more27.03.2017
Supporting Older People in Exercising and Protecting Their Rights—Insights from the ALRC’s Disability and Elder Abuse Inquiries
Keynote Address, ADA National Conference, ‘Human Rights & Social Justice: Shifting Client Control’, Surfers Paradise, Queensland, 23 March 2017, Emeritus Professor Rosalind F Croucher AM, President, Australian Law Reform Commission*Abstract: The ALRC’s Disability inquiry embodied the paradigm shift of the UNCRPD to supported decision making and, as a first principle, that all adults have an …
Read more25.03.2017
Law Reform Agencies and Government—Independence, survival and effective law reform?
Emeritus Professor Rosalind Croucher AM, President, Australian Law Reform Commission, Commonwealth Association of Law Reform Agencies, Melbourne, 25 March 2017.IntroductionI begin my presentation with an acknowledgment: reflecting our commitment in our Reconciliation Action Plan, as the head of a government agency, and personally, I acknowledge the ancestral owners of this land, the Kulin nation, who …
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