Volume 21 No. 6, December 1996
by the Hon. Justice Michael Kirby, AC CMG
This is an adaptation of an address delivered to the Saint James Ethics Centre's forum on ethical issues held in Sydney on 23 July 1996. It examines the tensions between the traditional features of the practice of law and the dictates of modern business principles. In particular, it looks at whether undue emphasis on economics and cost factors has undermined strict adherence to ethics - to the detriment of the legal profession. Justice Kirby discusses arguments on these questions by Professor Anthony Kronman, Dean of Yale Law School, Justice Daryl Dawson of the Australian High Court and Chief Justice William Rehnquist, Chief Justice of the United States. He looks forward into the future as he considers whether the nobility and idealism of the legal calling will withstand the acendancy of economic rationalism.
by Kim Rubenstein
If we had a crystal ball, what would our Constitution look like in a hundred years from now? In this article from the 21st century, the author `looks back' at our existing Constitution. In discussing its deficiencies, she reveals how the 2096 document is radically different with regard to the place of women in government, representative democracy, the broadening of federalism to include rights of groups other than States, and separation of powers.
by Melissa de Zwart
This article discusses the vexed question of whether the Internet has rendered existing copyright principles unworkable. It examines in detail the 1996 Federal Court decision of Trumpet Software v OzEmail, which found that a breach of copyright had occurred by OzEmail in distributing Trumpet software without permission. The author looks at the argument put by some (particularly in America) that copyright is a dead concept and that its application in the context of the Internet would only lead to overregulation and censorship. She puts forward the view that existing copyright principles can and should be adapted to suit the new technology.
by Peter Huxtable
In the 1990s poverty law services must fit into modern business and competition principles - they must be cost-effective and must produce outcomes which can't be as effectively provided by others. This article argues that the ideal model of poverty law service delivery is the current mixed model, that is, involving government legal aid bodies, community legal centres, Aboriginal legal services and private law firms forming part of a comprehensive, integrated strategy.
by Renata Alexander
This article chooses two problem areas to discuss. First, it critically examines the increased emphasis on mediation in family law proceedings. The author highlights problems such as the private nature of a mediated resolution which can be influenced by power imbalances within the relationship; the possibility that failed mediation may end up being more expensive than litigation; and the likelihood of the mediator unduly influencing the outcome, which means that mediation is really just a form of informal adjudication. Secondly, the article focuses on the relationship between family violence orders and contact orders. It discusses the tension between the right of a parent to see his or her child and the right of a child to be protected from a violent parent. The author suggests that the recent amendments may give priority to the right of contact over the right to protection.
by Richard Hil
Measures proposed in Queensland to deal with juvenile crime include longer sentences, family conferencing and increased parental restitution (up to $5000 in property damage cases). This is part of a growing trend throughout Australia to penalise not only juvenile offenders, but families as a whole, placing the responsibility for the crime back on the parents. The author discusses the vehement criticism by many groups of such proposals and argues that the proposed measures reflect an individualistic and narrow view of crime causation, with juvenile crime being principally characterised as a failure by parents to perform their role properly.
by Ian Freckelton
Writing in the year 2025, the author paints a grim picture of the paramilitarisation of the police force, with the abolition of all independent bodies investigating complaints against the police and public corruption. Public debate, free speech and opposition to government policy have been stamped out, and the police force given increased powers and absorbed into the Department of the Military.
by David Heilpern
The author describes the activities of Lawyers for Forests, a group of lawyers committed to providing 24 hour-a-day legal support and advice for environmental activists at blockades and other demonstration sites.
by Cassandra Goldie
This article examines the threat to community legal education in Western Australia with the recent Commonwealth Government cuts to national legal aid funding. It argues that community legal education has a vital role to play in the cost-effective delivery of access to justice. Given the small percentage of the legal aid budget spent on education activities, it would be short-sighted to reduce or even abandon these activities as a cost-cutting measure.
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