Green Grads Archives: Tuesday Transcript
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15 September 2009
Tuesday Transcript: Know Your Teabag
Readers are no doubt aware of the “teabagging” incident that led to the collapse of Australia’s military justice system. My friend suggested law students might relish the chance to cite something saucy in an exam.
It’s not just students who are tempted to spice up their submissions; even senior lawyers are fond of an occasional ribald [...]
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18 August 2009
Tuesday Transcript: Queen’s Counsel, going cheap
In a matter concerning whether a particular litigation funding arrangement constituted an abuse of process, the High Court saw the following exchange:
HAYNE J: The proposition that solicitors are disinterested participants unconcerned with profit is an interesting proposition.
MR JACKSON: Of course, your Honour, all professional people — and one hates to even think of the topic [...]
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7 July 2009
Tuesday Transcript: Bad Vibes
When the Court has already given big clues that it does not follow your argument, there are certain phrases you should avoid at all cost—as counsel learned the hard way in East v The Queen:
MR [APPLICANT]: That is where I am saying that the power under section 19 is also restricted. It is restricted to the [...]
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2 June 2009
Tuesday Transcript: Mutant Death and Justice Bell
When judges leave and join the superior courts, it is traditional for the various professional bodies to say a few words reflecting on their Honour’s career and expressing their best wishes. So, recently, Justice Bell has been farewelled from the NSW Supreme Court and welcomed to the High Court of Australia.
Mr Macken, in his farewell [...]
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5 May 2009
Tuesday Transcript: Reality-based decision-making
Way back in January, the High Court was presented with an unusual argument:
MR STREET: We say in relation to ground 3 that we have put forward that that raises the existence of what I will call the parallel universe. … We say that Ground 3 challenges the existence of the universe.
[FRENCH CJ]: Let us not [...]
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28 April 2009
Tuesday Transcript: Pipe Down
GUMMOW J: Now, Mr Bennett, the sound system is quite sophisticated. We are not in the middle of a paddock.
MR BENNETT: No. Well, your Honour, I submit it is an important issue for development applications - - -
GUMMOW J: If you just moderate your voice, we will all receive the wisdom more readily.
The French Court might be [...]
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21 April 2009
Tuesday Transcript: Telling It Like It Is
I’m not quite as good at trawling through transcripts, looking for the funny stuff. So while Miles is on holiday I will cheat and just link to Overlawyered.
There, they refer to the American judgment of Hollister v. Soetoro, where the Judge stated:
“This case, if it were allowed to proceed, would deserve
mention in one of [...]
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10 March 2009
Tuesday Transcript: Nice Catch
GUMMOW J: Thank you. The Court has before it now three summonses… We will consider first Mr Smith’s motion of summons. We also received detailed written submissions which we have digested. Now, is there anything you want to say in furtherance of the written submissions?
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17 February 2009
Tuesday Transcript: We will not trouble you
The words most dreaded by an applicant are those uttered by the bench immediately following the initial submissions; if the respondents are not called upon it is game over.
The High Court had a couple of doozies recently. In Wallace an ambitious request that the Court overturn a well-established line of authority was swiftly rejected.
And then [...]
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3 February 2009
Tuesday Transcript: Kirby the Urbane
Yesterday was the last day of the Kirby Era. Justice Michael Kirby retired from the High Court.
On Australia Day, his Honour gave a wonderful speech surveying his long career in the law, from his articled clerkship through to his service on the highest court in the land. Despite all of the wonderful (and terrible) things [...]
