13.10.2019
Australia’s no-fault divorce—why it remains controversial
In October 2019 Principal Legal Officer Micheil Paton spoke with ABC Radio National about some of the history of family law reform in Australia, and some of the ALRC’s recommendations from its Family Law Inquiry. Listen to the Rational National episode
Read more13.09.2019
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 SC Derrington, President of the ALRC, presented at the Freedom19 Conference in Sydney.
Read more15.05.2019
Thinking big: The Australian Constitution as a law reform project
As part of the ALRC’s Where next for law reform? project the ALRC is encouraging Australians to think big. Arguably the most significant law reform initiative would be to revise the constitution. We have prepared a short paper to start the conversation.
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 more09.09.2018
Class Actions Seminar Series Presentation Slides
Australian Law Reform Commission Seminar on Class Action Proceedings and Third-party Litigation Funders Reform The Australian Law Reform Commission held three seminars where the ALRC presented the various responses to the proposals of the Discussion Paper on Class Action Proceedings and Third-party Litigation Funders, and sought views on amended and new ideas for reform. The …
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?