All future 2019 events

View All Summary Expand all
August
WEBINAR: Trusts and Insolvency in the High Court: The Carter Hold Case   View Summary
19 August 2019

Registration

Register for this free webinar

Please note that this is a webinar using Zoom. Once you register, you will receive an email with the Zoom details.

___________________________________________________________

WEBINAR: Trusts and Insolvency in the High Court: The Carter Hold Case


This free webinar will feature a panel discussion on the recent High Court of Australia decision in Carter Holt Harvey Woodproducts Australia Pty Ltd v Cth [2019] HCA 20 (also known as the Amerind appeal). This case deals with tensions between trust law and insolvency law when a company acting as trustee of a trading trust enters external administration. The decision resolves conflicts in prior case law regarding how proceeds from the right of indemnity can be used to pay trust creditors using statutory priorities under the Corporations Act 2001 (Cth). The panel will examine the reasoning in the decision and discuss potential implications for insolvency practitioners, creditors and the lawyers who advise them.

The seminar explores the unfinished decolonisation, by considering the legal, political and historical aspects of Western Sahara as a non-self-governing territory, which raise questions about the international right to self-determination and the enduring legacies of colonialism and occupation.


Panel members

Jason Harris

Jason is Professor of Corporate Law at Sydney Law School, the University of Sydney, where he teaches corporate law, insolvency and contracts. Jason is the co-author of Keay's Insolvency (with Michael Murray) and the Annotated PPSA (with Nicholas Mirzai) and has published widely in scholarly and practitioner journals. He is a Fellow of the Governance Institute of Australia and a member of the Insolvency and Corporate Law committees of the Law Council of Australia and is the chair of the academic committee of the Banking and Financial Services Law Association. Jason is an academic member of ARITA and of Insol International and a member of the Legal Committee of the Australian Institute of Company Directors. His research has been cited in the High Court, Federal Court, Federal Circuit Court and the Supreme Courts of NSW, South Australia, Victoria and Western Australia as well as in parliamentary committees and by CAMAC and the Productivity Commission.


Dr Allison Silink

Allison is a barrister on Level 22 Chambers in Sydney, New South Wales, having been called to the bar in 1997. She has a general commercial law practice, with experience in advice and litigation in the areas of equity and trusts, torts and contracts, corporations law, insolvency and superannuation. She is a member of the academic committee of the Banking and Financial Services Law Association.

Allis is also the Director of Academic Programs in the Faculty of Law at UTS, and teaches Equity and Trusts and Commercial Equity. Her research interests cover a similar area to her teaching and practice and she has recent publications and ongoing research projects on issues relating to trusts, equitable estoppel, vicarious liability, corporations law and insolvency. Her research has been cited in the Supreme Court of NSW and the NSW Court of Appeal, and in the Supreme Court of Victoria. Her doctoral thesis examined the scope of equitable contribution in Australia.


Carrie Rome-Sievers

Carrie is a commercial law barrister practising primarily in the areas of insolvency and corporations law. She is experienced in advocacy, pleadings and opinion work. Carrie has advised and appeared for directors, external administrators and creditors in a range of matters including insolvent trading, voidable transactions, statutory demands, applications for directions including in the liquidation of corporate trustees, applications for approval of remuneration, applications for approval of deeds, cases of fraud, Barnes v Addy claims. Carrie has written numerous articles, including on the recent appeal decisions in Amerind and Killarnee - see her website

Carrie is a long-standing member of Lonsdale Chambers in Melbourne, is a member of the Commercial Bar Association of Victoria, of the Insolvency and Reconstruction Law Committee of the Law Council of Australia, and WIRV. Carrie has been named in the Best Lawyers list for Insolvency and Reconstruction for each year 2016-2019, in Doyles Guide for Victoria in two categories - Leading Commercial Litigation Junior Counsel and Leading Insolvency and Restructuring Junior Counsel - for 2017-2019, and in 2019 was also named in Doyles Guide for Australia for Leading Insolvency and Restructuring Junior Counsel.


CPD Points: 1


This seminar is sponsored by the Ross Parsons Centre at Sydney Law School and the academic committee of the Banking and Financial Services Law Association.

___________________________________________________________

Chinese Private International Law and Online Data Protection   View Summary
20 August 2019

Registration

Register
___________________________________________________________

Chinese Private International Law and Online Data Protection


Speaker: Associate Professor Jeanne Huang, Sydney Law School

This paper explores how Chinese private international law responds to online data protection from two aspects: jurisdiction and applicable law. Compared with foreign laws, Chinese private international law related to online data protection has two distinct features. Chinese law for personal jurisdiction is still highly territorial-based. The "target" factor and the interactive level of a website have no play in Chinese jurisprudence. Regarding applicable law, Chinese legislators focus more on the domestic compliance with data regulations rather than their extra-territorial application. Moreover, like foreign countries, China also resorts to Internet intermediaries to enhance enforcement of domestic law. These features should be understood in the Chinese contexts of high-level data localization and Internet censorship.


About the speaker

Associate Professor Huang's teaching and research interests are in private international law, e-commerce law, international investment law, international litigation and arbitration, and underwater cultural heritage protection. She has published four books and authored more than thirty articles in law journals, such as Journal of International Economic Law and Journal of Private International Law. Twelve of her articles are indexed by SSCI. As a chief investigator, she has received funding from China National Social Science Fund (equivalent to ARC), China Ministry of Education, the China Law Society, Shanghai Philosophy and Social Science Fund, and Shanghai Government Development and Research Center Fund.

Before moving to the University of Sydney, she held academic positions at University of New South Wales Faculty of Law in Australia and Shanghai University of International Business and Economics School of Law (SUIBE Law) in China. She served as Associate Dean at SUIBE Law. She was awarded Pujiang Rencai (Pujiang Scholar) in 2011 and Shuguang Xuezhe (Dawn Scholar) in 2013 by Shanghai Education Committee. She was a Foreign Research Fellow at the Max Planck Institute for Comparative and International Private Law in Hamburg, Germany, and also had research experience at The Hague Academy of International Law, and the Academy of International Arbitration Law, Paris, France.

She is a member of the Chartered Institute of Arbitrators. She also serves as an Arbitrator at the Hong Kong International Arbitration Center, Shanghai International Economic and Trade Arbitration Commission (Shanghai International Arbitration Center) and Xi'an Arbitration Commission.

She has been interviewed for Chinese law and related dispute resolution by Jiefang Daily (解放日报), Wenhui Daily (文汇报), and ABC News Australia.


CPD Points: 1


___________________________________________________________

BOOK LAUNCH: Free Will and the Law: New Perspectives   View Summary
21 August 2019

Registration

Register
___________________________________________________________

BOOK LAUNCH: Free Will and the Law: New Perspectives


Authors:
Dr Allan McCay, The University of Sydney
Dr Michael Sevel, Sydney Law School


Chief Justice Allsop of the Federal Court of Australia will launch the book.


This volume brings together many of the world's leading theorists of free will and philosophers of law to critically discuss the ground-breaking contribution of David Hodgson's libertarianism and its application to philosophy of law.

The book begins with a comprehensive introduction, providing an overview of the intersection of theories of free will and philosophy of law over the last fifty years. The eleven chapters collected together divide into two groups: the first five address libertarianism within the free will debate, with particular attention to Hodgson's theory, and in Part II, six contributors discuss Hodgson's libertarianism in relation to issues not often pursued by free will scholars, such as mitigation of punishment, the responsibility of judges, the nature of judicial reasoning and the criminal law process more generally. Thus the volume's importance lies not only in examining Hodgson's distinctive libertarian theory from within the free will literature, but also in considering new directions for research in applying that theory to enduring questions about legal responsibility and punishment.


About the authors

Dr Allan McCay

Dr Allan McCay teaches at the University of Sydney Foundation Program, and is an Affiliate Member of the Centre for Agency, Values, and Ethics, at Macquarie University. He also lectures in Criminal Law at the University of Sydney Law School. His research interests include behavioural genetics, neuroscience, and neurotechnology, in the context of the criminal law. His philosophical interests relate to the free will problem, philosophy of punishment, and issues relating to the automation of work.

Allan has published in the journals Neuroethics, The Journal of Evolution and Technology, Current Issues in Criminal Justice, The International Journal of Law and Psychiatry, and The Indigenous Law Bulletin, and also in the edited collection Free Will in Criminal Law and Procedure. He is a coeditor of Neurointerventions and the Law: Regulating Human Mental Capacity, which is to be published by Oxford University Press.

Allan initially qualified as a solicitor in Scotland, but has also practised in Hong Kong, and been a visiting researcher at the University of California, Riverside, the University of Stirling, and the Uehiro Centre for Practical Ethics, Oxford University.

Dr Michael Sevel

Dr Michael Sevel is Senior Lecturer in Jurisprudence at the University of Sydney Law School. He researches issues in general jurisprudence, the rule of law, and moral and political philosophy, and also has interests in issues in international law, maritime law, and torts. He has held visiting appointments in the Bingham Centre for the Rule of Law, Institute of Advanced Study, Durham University, Centre for Ethics and Public Affairs, Tulane University, the Centre for Maritime Law, National University of Singapore, the University of Miami School of Law, and, as Max Weber Postdoctoral Fellow, in the Department of Law of the European University Institute. In 2020 he will be a Visiting Fellow in the Humanities Research Centre at The Australian National University.


Information about the book


This book launch is hosted by the Julius Stone Institute of Jurisprudence at Sydney Law School..

___________________________________________________________

Brexit - Constitutional Issues and Possible Repercussions on Australia   View Summary
21 August 2019

Registration

Register
___________________________________________________________

Brexit - Constitutional Issues and Possible Repercussions on Australia


Speaker: Professor Jacques Ziller, University of Pavia (Italy) formerly Paris-1 Panthéon-Sorbonne and European University Institute, Florence

The talk will address the constitutional issues raised by the UK's withdrawal from the European Union:

  • in UK law : Royal Prerogative v. Parliament in deciding to withdraw (R (Miller) v Secretary of State for Exiting the European Union, UKSC 5) and on the agreements between the EU and the UK; votes of the House of Commons of Spring 2019; risks of PM Johnson shutting down parliament after a vote of no confidence to prevent MPs blocking a no-deal Brexit); risks to the unity of the Kingdom
  • and in EU law : the withdrawal procedure established in Article 50 EU Treaty - "agreement setting out the arrangements for withdrawal" (the deal) and future agreements between the UK and EU; the issues of 'federalism': roles of European Council (Heads of state and government of members states), European Parliament and European Commission; majority decisions and unanimous decision.
  • A special focus will be the Irish problem, and the so-called "back-stop": why it is indispensable to both sides and why it is unacceptable to a number of "brexiteers"; what are the risks of "cliff-edge" (the UK exiting without having agreed the deal) for both sides.

  • The opportunities for Australia that might arise from Brexit will be sketched out for discussion, as well as the negative effects, especially in terms of trade agreements and for the relationship with China.


    About the speaker

    Professor Jacques Ziller, PhD, University of Pavia
    Professor of EU Law; formerly: Paris II University (1980-1985); EIPA Maastricht (1986-1989); University Paris 1, Panthéon-Sorbonne (1992-2007); European University Institute, Florence (1998-2008). Specialized in European Union law and public international law, as well as comparative public law, comparative public administration and management. Author of numerous books and articles on those topics in English, French, German and Italian languages.



    CPD Points: 1


    ___________________________________________________________

    How to Build your Mentoring Team?   View Summary
    22 August 2019

    Registration

    Click here to register your attendance.


    ______________________________________________________________


    How to Build your Mentoring Team?

    Mentoring can significantly benefit early and middle career academics. But, building your mentoring team can be difficult. Organised by the Sydney Early-Mid Career Academic Network (EMCAN), this distinctive panel will discuss their experience building and providing mentoring programs. Panellists will explore: What to look for in a mentor, and how to find one? What does a good mentor/mentee relationship look like? What benefits may a mentor/mentee get from mentoring? Are there good examples of mentoring systems that have been established at the University of Sydney? The panel will provide specific tips for mentoring across topics such as funding, promotion, teaching, research, landing in Sydney for people with international background, and more.


    Speakers:

    The Good Migrant: gender, race and naturalisation in early twentieth century Sth Africa & Australia   View Summary
    26 August 2019


    Registration

    Register here
    ___________________________________________________________

    The Good Migrant: gender, race and naturalisation in early twentieth century South Africa and Australia

    Speaker: Dr Rachel Bright, Senior Lecturer in Global and Imperial History, Keele University, UK

    What does a good migrant look like? How do migration officials identify 'good' migrants and how do potential migrants navigate this process? This paper will explore the development of early twentieth century migration laws and bureaucracies in South Africa and Australia in order to address these questions. It will particularly focus on Jewish and female migrants, drawing on a range of official migratory documentation and private diaries of those who sought to regulate and control the migratory process: as migrants, interested charities, and bureaucrats.

    About the speaker

    Dr Rachel Bright specialises in modern British imperial South African history andher publications include numerous articles and Chinese Labour in South Africa, 1902-10: Race, Violence, and Global Spectacle (Palgrave-Macmillan Cambridge Imperial and Post-Colonial Studies Series, 2013).

    She has been a Lecturer in Modern History at Keele University since 2011, and earned a PhD from King's College, London before securing a post-doctoral fellowship at the University of East Anglia, and lecturing at the London School of Economics and Goldsmith's College, London.

    Dr Bright is also a committee member of the Social History Society, co-convene their Deviance: Inclusion and Exclusion strand, and jointly prepared the winning bid to host the SHC at Keele in 2018. She sits on the national History UK Steering Committee (and was Media Officer in 2014-15). She is currently the Director of the MA and MRes in History at Keele, and previously convened the Keele History Department Modern History Seminar series.

    CPD points = 1

    BOOK LAUNCH: International Taxation of Trust Income: Principles, Planning and Design   View Summary
    27 August 2019

    Registration

    Register
    ___________________________________________________________

    BOOK LAUNCH: International Taxation of Trust Income: Principles, Planning and Design


    Author: Mark Brabazon SC, 7 Wentworth Selborne Chambers


    Professor Richard Vann, Sydney Law School, will launch the book.


    In International Taxation of Trust Income, Mark Brabazon establishes the study of international taxation of trust income as a globally coherent subject. Covering the international tax settings of Australia, New Zealand, the UK, and the US, and their taxation of grantors/settlors, beneficiaries, trusts, and trust distributions, the book identifies a set of principles and corresponding tax settings that countries may apply to cross-border income derived by, through, or from a trust. It also identifies international mismatches between tax settings and purely domestic design irregularities that cause anomalous double- or non-taxation, and proposes an approach to tax design that recognises the policy functions (including anti-avoidance) of particular rules, the relative priority of different tax claims, the fiscal sovereignty of each country, and the respective roles of national laws and tax treaties. Finally, the book includes consideration of BEPS reforms, including the transparent entity clause of the OECD Model Tax Treaty.


    About the author

    Mark Brabazon SC

    Mark Brabazon took silk in 2008. He acts for private and government clients in tax, equity and commercial cases, in public and administrative law, and in general appeals. His practice covers all stages from planning, advice and investigation through ADR and trial litigation to final appeal. He is the author of 'The Application of Tax Treaties to Fiscally Transparent Entities' in the Global Tax Treaty Commentaries (IBFD online, 2018), and his doctoral thesis on the international taxation of trust income is to be published by Cambridge University Press.

    Mark is the chair of the Council of Law Reporting for New South Wales. His professional and academic writings have been published in journals including the Australian Law Journal, British Tax Review, Australian Tax Forum, Australian Tax Review, New Zealand Journal of Tax Law and Policy, Australian Bar Review and Australian GST Journal.

    Mark is also the chair of the Costs and Fees Committee of the New South Wales Bar Association, and is recognised as an expert on the law relating to legal costs.


    Information about the book


    This book launch is sponsored by the Ross Parsons Centre of commercial, corporate and taxation research at Sydney Law School.

    ___________________________________________________________

    BOOK LAUNCH: Landmark Cases in Defamation Law   View Summary
    27 August 2019

    Registration

    Register
    ___________________________________________________________

    BOOK LAUNCH: Landmark Cases in Defamation Law


    Editor: Professor David Rolph, Sydney Law School


    The Honourable Michael McHugh AC QC, Former Justice of the High Court of Australia, will launch the book.


    Landmark Cases in Defamation Law is a diverse and engaging edited collection that brings together eminent scholars from the United Kingdom, the United States, Australia, Canada and New Zealand to analyse cases of enduring significance to defamation law. The cases selected have all had a significant impact on defamation law, not only in the jurisdiction in which they were decided but internationally. Given the formative influence of English defamation law in the United States, Australia, Canada and New Zealand, the focus is predominantly on English cases, although decisions of the United States and Australia are also included in the collection. The authors all naturally share a common interest in defamation law but bring different expertise and emphasis to their respective chapters. Among the authors are specialists in tort law, legal history and internet law. The cases selected cover all aspects of defamation law, including defamatory capacity and meaning; practice and procedure; defences; and remedies.


    About the editor

    Professor David Rolph

    David Rolph is a Professor at the University of Sydney Law School, specialising in media law. He is the author of a number of books, including Reputation, Celebrity and Defamation Law (Ashgate, 2008) and Defamation Law (1st ed., Thomson Reuters, 2016), as well as many book chapters, and journal articles, on all aspects of media law. From 2007 to 2013, Professor Rolph was the editor of the Sydney Law Review, one of Australia's leading law journals. Since 2015, Professor Rolph has been an assistant editor of the New South Wales Law Reports, the authorised report series for New South Wales. He currently serves on the editorial boards of the Media and Arts Law Review, the Communications Law Bulletin, Communications Law and the International Journal of the Semiotics of Law. Professor Rolph is also a regular columnist for the Gazette of Law and Journalism and a frequent media commentary on a range of media law issues.


    Information about the book


    Limited copies of the book will be available for purchase at the launch for a special discounted price of $100 (online price is $140.) If you are interested in purchasing a copy, could you please indicate this when you accept this invitation and we will try to ensure we have sufficient copies.


    This book launch is hosted by the Ross Parsons Centre for Commercial, Corporate and Taxation Law at Sydney Law School.

    ___________________________________________________________

    JSI Seminar Series: Legal Probabilism: A Qualified Defence   View Summary
    29 August 2019

    Registration

    Register
    ___________________________________________________________

    Legal Probabilism: A Qualified Defence


    Speakers: Brian Hedden and Mark Colyvan, The University of Sydney

    In this paper, Brian Hedden and Mark Colyvan defend legal probabilism. This is the thesis that legal standards of proof are best understood in probabilistic terms. In defending legal probabilism from a variety of objections, Hedden and Colyvan highlight the most plausible forms the thesis can take and appeal to recent work in epistemology to show that the legal probabilistic has more flexibility and more resources at her disposal than critics have recognised.


    About the speakers

    Brian Hedden is a senior lecturer in philosophy at the University of Sydney. He works on epistemology, decision theory, and philosophy of law. He has written numerous articles on these topics and is the author of Reasons without Persons: Rationality, Identity, and Time (OUP, 2015). He is currently working on two ARC-funded research projects: the first on group rationality and the second (joint with Mark Colyvan) on formal approaches to legal reasoning.

    Mark Colyvan is a professor of philosophy at the University of Sydney and a Humboldt Fellow in the Munich Centre for Mathematical Philosophy at the Ludwig-Maximillian's University. He works on philosophy of logic, environmental philosophy, philosophy of mathematics, decision theory, and philosophy of law. He has published several books and numerous articles in these areas. He is currently working with Brian Hedden on the ARC-funded project, "Formal Approaches to Legal Reasoning," which explores the philosophical issues associated with the use of probability theory, decision theory, and social decision methods in legal contexts.


    CPD Points: 1.5

    This event is hosted by the Julius Stone Institute of Jurisprudence at The University of Sydney Law School.

    ___________________________________________________________

    September
    Law & Business Seminar: Directors and Conflicting Duties   View Summary
    11 September 2019

    Registration

    REGISTER

    Please note: online registrations must be paid by Mastercard or VISA. For alternative payment methods, please contact law.events@sydney.edu.au.
    ___________________________________________________________

    Directors and Conflicting Duties

    Speaker: Dr Rosemary Teele Langford, Melbourne Law School

    Conflicts involving competing duties confront directors who hold multiple board positions (including within group company structures) or who act as nominees. Questions arise as to what is required in such circumstances and as to when such conflicts give rise to a breach of duty. In this seminar the relevant legal principles will be discussed, with particular focus on multiple directorships, nominee directorships and group company directorships.


    About the speaker
    Rosemary is an associate professor with the Melbourne Law School, University of Melbourne where she teaches Corporations Law, Trusts and Corporate Governance and Directors' Duties. She has published widely on the topic of directors' duties and her latest book, Company Directors' Duties and Conflicts of Interest was published by Oxford University Press earlier this year. Rosemary also edits the Directors' Duties section of the Company & Securities Law Journal. She is an active member of the Corporations Committee of the Business Law Section of the Law Council of Australia and the Not for Profit Law Committee of the Law Council of Australia. Prior to entering academia Rosemary practised with Arthur Robinson & Hedderwicks (now Allens Linklaters).


    Commentators:
    Matt Egerton-Warburton, Special Counsel, King & Wood Mallesons

    Martin Baird, Non-Executive Director and Governance Professional

    Chair: Jason Harris, Professor of Corporate Law, Sydney Law School

     

    Registration(GST inclusive)
    Full fee: $77
    Sydney Law School alumni: $66
    Sydney Law School full time student: $44
    Group 3+: $55

     

    CPD Points: 1

     

    The Law & Business Seminar Series is sponsored by the Ross Parsons Centre for Commercial, Corporate and Taxation Law, Sydney Law School.

    ___________________________________________________________

    JSI Seminar Series: Discretion, authority, and relationship: situating the importance of procedure   View Summary
    12 September 2019

    Registration

    Register
    ___________________________________________________________

    Discretion, authority, and relationship: situating the importance of procedure


    Speaker: Associate Professor Kristen Rundle, The University of Melbourne

    In other work ('Fuller's Relationships', forthcoming), Kristen Rundle has developed an account of Lon Fuller's contribution to theorising the demands of the rule of law in terms of prescriptions to be imposed on all governing relationships framed by the authority of law. The place of procedure within this account is central. As the primary vehicle for relational contact between legal officials and legal subjects, procedures provide the structure through which the authority of law directly touches upon those subject to it. It therefore follows that procedures must be burdened with the same relational demands that inform the creation of a condition of lawful authority in the first place.

    Administrative discretion constitutes a particular form of legal relation in which the quality of procedural participation afforded to subjects is determinative of whether it operates as a form of authority or mere power. This paper seeks to develop an understanding of the demands of procedural justice in discretionary settings in a way that builds upon the connections between authority, procedures and relationships revealed in Fuller's thought. In doing so, the paper aims to illuminate the significance of procedure to the authority of discretion as a particular form of legal relation at the same time as it seeks to contribute to a growing scholarly interest in the application of Fuller's jurisprudence to questions of administrative law. The paper will form part of an interdisciplinary volume on procedural justice edited Denise Meyerson, Therese MacDermott and Catriona Mackenzie, to be published in early 2020.


    About the speaker

    Kristen Rundle is an Associate Professor at Melbourne Law School where she teaches administrative law and legal theory and is co-Director of the Centre for Comparative Constitutional Studies. Closely informed by her work on the intellectual legacy of the mid-twentieth century legal philosopher, Lon Fuller, Kristen's research is located at the interface of legal theory and public law in its effort to trace the conditions of legal form and human agency necessary for law to act as a limitation on power. Her book, Forms Liberate: Reclaiming the Jurisprudence of Lon L Fuller (Hart Publishing, 2012) was awarded second prize, UK Society of Legal Scholars Peter Birks Book Prize for Outstanding Legal Scholarship, 2012, and the University of Melbourne's Woodward Medal in the Humanities and Social Science, 2017. She is also the co-author, with Peter Cane and Leighton McDonald, of Principles of Administrative Law and Cases for Principles of Administrative Law (OUP, 3rd edition, 2018).



    CPD Points: 1.5

    The JSI Seminar series is hosted by the Julius Stone Institute of Jurisprudence at The University of Sydney Law School.

    ___________________________________________________________

    Western Sahara - Africa's last colony - the legal, political and human aspects of the conflict   View Summary
    25 September 2019

    Registration

    Register
    ___________________________________________________________

    Western Sahara - Africa's last colony - the legal, political and human aspects of the conflict


    Speakers:
    Kamal Fadel, Representative of the Frent Polisario
    Tecber Ahmed Saleh, advocate for human rights


    In 1975 Morocco invaded Western Sahara when Spain abandoned its former colony. Saharawis fled the occupation, setting up refugee camps in south-west Algeria. Today 173,600 remain in the refugee camps supported by the UN Food Program and other humanitarian aid while the Saharawis who remained in their homeland face constant persecution, arrest and imprisonment at the hands of Moroccan occupying forces. In 1975 the International Court of Justice found that Western Sahara was not terra nullius prior to its colonisation by Spain. The court reaffirmed that the people of Western Sahara are entitled to exercise their inalienable right to self-determination and independence. Today the Saharawi continue their nonviolent struggle, waiting for the United Nations referendum on self-determination agreed in 1991.

    The seminar explores the unfinished decolonisation, by considering the legal, political and historical aspects of Western Sahara as a non-self-governing territory, which raise questions about the international right to self-determination and the enduring legacies of colonialism and occupation.


    About the speakers

    Kamal Fadel

    Mr Kamal Fadel is Representative of the Frente Polisario (Western Sahara) in Australia and New Zealand. Mr Fadel served as Ambassador of the Saharawi Republic in Timor Leste and in the Saharawi Embassies in India and Iran, as well as the Deputy Representative in the Polisario Mission to the United Kingdom. He is also a senior executive in the Saharawi Republic Petroleum and Mines Authority.

    Mr Fadel holds a Master of International Relations from the University of Canterbury in the United Kingdom. He holds a Post-Graduate Diploma of Legal Practice from the College of Law in Sydney and is admitted as a lawyer in Australia.


    Tecber Ahmed Saleh

    Tecber Ahmed Saleh is an advocate for human rights and has written and spoken abroad about the plight of her people. Tecber lives in the Saharawi refugee camps in south-west Algeria and is visiting Australia to talk about Western Sahara, Africa's last colony. She will speak about the conditions of life in the camps and the larger political issues facing Western Sahara.

    Tecber works in the Ministry of Health in the Saharawi refugee camps where she was born. She studied Biology in the USA and holds a Master's degree in Clinical Laboratory Science from Pompeu Fabra University in Barcelona. She has attended medical research conferences and coauthored research in the professional journal Toxics.


    CPD Points: 1


    This event is sponsored by the Sydney Centre for International Law at Sydney Law School.


    ___________________________________________________________

    JSI Seminar Series: Just voting procedures under non-ideal circumstances   View Summary
    26 September 2019

    Registration

    Register
    ___________________________________________________________

    Just voting procedures under non-ideal circumstances


    Speaker: Dr Piero Moraro, Charles Sturt University

    Majoritarian rule is often defended as an "intrinsically just" procedure which, by granting equal voting powers to all citizens, respects all members as equals. In this talk, Piero Moraro raises some issues with this claim; in doing so, he has no intention to undermine the democratic project, rather, he seeks to emphasise another value usually associated with democracy, i.e. justice. He draws attention to a morally relevant way in which citizens, under non-ideal circumstances, are not equal: they face different levels of risks in relation to the electoral outcome. For example, citizens from socially disadvantaged backgrounds risk losing more (in terms of basic needs) compared to their wealthier fellows, from a change in government; a just procedure should be able to capture these different degrees of vulnerability, when they are morally significant. Applying an argument sketched by Harry Brighouse and Marc Fleurbaey (2008), Dr Moraro contends that voting power should be granted in proportion to what one has at stake: those who have more to lose should have more power to influence the outcome. By focusing on social life under neo-liberal regimes, he claims that the votes of economically disadvantaged citizens should be afforded more weight, in comparison to those of their wealthier peers. Having presented his argument, he will consider some objections.


    About the speaker

    Piero Moraro is a lecturer in the Centre for Law and Justice at Charles Sturt University. He holds a PhD in Philosophy from the University of Stirling, Scotland, and a Master in Philosophy and Public Policy from the London School of Economics. He has had papers published in Law and Philosophy, The Philosophical Quarterly and the Journal of Applied Philosophy. His book Civil Disobedience: a Philosophical Overview has just been published by Rowman and Littlefield International.



    CPD Points: 1.5

    The JSI Seminar series is hosted by the Julius Stone Institute of Jurisprudence at The University of Sydney Law School.

    ___________________________________________________________

    October
    2019 PAUL BYRNE MEMORIAL LECTURE: Do we Walk the Line?    View Summary
    10 October 2019

    Registration

    Register
    ___________________________________________________________

    Do we Walk the Line? No time for complacency in our criminal justice system


    Speaker: District Court Judge Dina Yehia SC


    Our criminal Justice System has a strong commitment to the rule of law. We have a robust jury system, a commitment to ensuring a fair trial and a healthy preoccupation with preventing miscarriages of justice. Does that mean we can be complacent about our criminal justice system?

    We should recognise the good, the bad and the ugly. In some areas we have failed completely. In other areas we must remain vigilant about striking a fair balance. This is not the time for complacency.


    About the speaker

    Judge Yehia SC was appointed a District Court Judge in May 2014 and is the Chairperson of the Walama Court Working Group.

    Judge Yehia SC was admitted as a solicitor in 1989 and worked with the Western Aboriginal Legal Service from December 1989 until September 1996. In that capacity, her Honour appeared for thousands of Aboriginal people in towns such as Bourke, Brewarrina, Wilcannia and Broken Hill.

    Her Honour worked as the Solicitor Advocate with the Legal Aid Commission and was called to the Bar in 1999. She was then appointed a Public Defender. Her Honour took silk in 2009 and became the first female Deputy Senior Public Defender in 2013.

    Her practice in the Supreme Court included murder trials and the year-long terrorism trial at Parramatta in 2009. Subsequent to that, she appeared in the High Court in Bugmy in 2013 and in the Special Leave application in Honeysett.


    CPD Points: 1.5

    This event is proudly hosted by the Institute of Criminology, Sydney Law School, The University of Sydney, highlighting the Institute's support of critical criminal justice research, practice, policy and debate.


    Previous speakers:

    2018 - Phillip Boulten SC
    2017 - Terry O'Gorman
    2016 - Stephen Odgers SC
    2015 - The Hon Justice Virginia Bell AC
    2014 - The Hon. J D Heydon AC QC
    2013 - The Hon. M Gleeson AC QC
    2011 - The Hon Michael Kirby AC CMG



    About Paul Byrne

    This is the eighth Paul Byrne SC Memorial Lecture honouring Paul Byrne SC, who had a life long interest in criminal law and the criminal justice system, as well being an active participant and generous supporter of the Institute of Criminology at the Sydney Law School. Paul Byrne SC graduated in Arts and Law from the University of Sydney, and worked with the Public Solicitor's Office as a solicitor. He became a barrister in 1979, and was appointed a public defender. In 1983 he was awarded a Master of Laws degree with First Class Honours, and was awarded a University Medal. He was appointed Director of the Criminal Law Review Division and a Commissioner of the New South Wales Law Reform Commission. In 1995 he took silk and continued an outstanding career as an advocate in courts at all levels.


    The Paul Byrne Memorial Fund

    The Paul Byrne Memorial Fund has been set up to honour and continue Paul's interest in the criminal justice system by supporting the ongoing activities of the Institute of Criminology, such as lectures, seminars, publications, and awards. Attendees of the Paul Byrne SC Memorial Lecture are warmly invited to make a donation to The Paul Byrne SC Memorial Fund.

    Gifts to The Paul Byrne SC Memorial Fund support the activities of the Institute of Criminology and other activities in the field of criminal law at Sydney Law School, in memory of the late Paul Byrne SC.


    ___________________________________________________________

    The Supreme Court of New South Wales Annual Corporate and Commercial Law Conference   View Summary
    29 October 2019

    Registration

    Register
    ___________________________________________________________


    In the wake of Commissioner Hayne's Report and the continuing consequences of the Global Financial Crisis a decade earlier, what is the future of the Australian business corporation? This year's Supreme Court Corporate and Commercial Law Conference will seek to provide a coherent answer to this question, which could have profound consequences for business, regulators and the legal profession.


    Historically the business corporation has provided a simple and efficient structure for capital formation and consequently business growth, wealth and jobs in western economies. However, the separation of the ownership of corporations from their management has created risks of self-dealing and disregard of community interests and expectations. Community disillusionment with business has grown rapidly in recent decades - most recently in Australia because of the alarming evidence given to the Hayne Royal Commission.

    Economists and lawyers have prescribed many explanations and remedies to overcome corporate scandals and misconduct. For example, attempts have been made to expand directors' duties by making the board accountable to "stakeholders" other than the body of shareholders. The idea that large corporations depend on a social licence to operate has been propagated. Lawyers and compliance staff have been busy saddling listed corporations with policies, protocols and guidelines to promote ethical conduct. Commissioner Hayne thought corporate misconduct might be addressed by corporations and their officers adhering to six short ethical principles.

    A fundamental problem with all of these ideas is that they are piecemeal addenda to the corporate architecture, rather than comprehensive and focussed responses to the problems that are undermining public confidence in business. We need to go back to basics, by re-imagining the nature and structure of the business corporation. We should start by reflecting on the reason why a corporation is created and exists - namely, to pursue its corporate purpose.

    This perception is at the heart of British Academy's current project on The Future of the Corporation. The idea that a corporation is an entity existing to pursue a purpose, so that the profit motive is subsidiary to that purpose, should permeate and give direction to corporate culture and corporate governance and even to the idea of ownership.

    Successful implementation of such ideas will require re-thinking of corporate law. It will only be by fundamental legal change that the new purpose-driven corporate concept can be embedded in the thinking of company directors, lawyers and regulators.

    We are delighted that the leader of the British Academy project, Professor Colin Mayer of Oxford's Said Business School, will present the keynote address to our Conference. Then, for the first time anywhere in the world, these ideas will be put under the microscope by scrutiny from the viewpoints of a leading lawyer (The Honourable Justice James Edelman, High Court of Australia), a leading company director (Catherine Livingstone AO, Chairman, CBA) and a Deputy Chair of the corporate regulator, ASIC (Daniel Crennan, QC)

    Join us for this very important, thought-provoking and informative conference, to be held in the Banco Court of the Supreme Court of New South Wales on Tuesday 29 October 2019 from 1pm to 6pm.


    Speakers

  • The Honourable TF Bathurst AC, Chief Justice of New South Wales
  • The Honourable Justice James Edelman, High Court of Australia
  • Professor Colin Mayer CBE FBA, Peter Moores Professor of Management Studies, Said Business School, University of Oxford
  • Catherine Livingstone AO, Chairman, Commonwealth Bank of Australia
  • Daniel Crennan QC, Deputy Chairman, ASIC
  • Dr R P Austin, Barrister, Level 22 Chambers


  • MORE INFORMATION INCLUDING THE PROGRAM


    Registration (inc. GST) = $265


    This conference is sponsored by The University of Sydney Law School, Supreme Court of New South Wales, and The Law Society of New South Wales.

    ___________________________________________________________

    November
    Challenges and opportunities for Asia-Pacific international commercial arbitration symposium   View Summary
    15 November 2019

    Registration

    REGISTER

    Please note that online payments are by credit card only (Mastercard/VISA). Please email law.events@sydney.edu.au if you require another form of payment.

    ___________________________________________________________

    Challenges and opportunities for Asia-Pacific international commercial arbitration and investor-state dispute settlement


    Building on Reyes & Gu (eds), The Developing World of Arbitration: A Comparative Study of Arbitration Reform in the Asia-Pacific (Hart, 2018), this symposium examines more recent challenges for international commercial arbitration (ICA), especially the proliferation of international commercial courts, the 2018 UN Convention on enforcement of mediated settlement agreements, and dispute resolution for the Belt & Road initiative. The main focus is on Hong Kong and Singapore (competing jurisdictions in the top "Stage 4" for ICA venues, as identified by Reyes & Gu), Australia (a "Stage 3" venue), China and Japan ("Stage 2" venues).


    The symposium will also compare approaches in these jurisdictions to investor-state dispute settlement (ISDS). Building on Chaisse and Nottage (eds) International Investment Treaties and Arbitration Across Asia (Brill, 2018), participants will chart evolving treaty practices and high-profile ISDS cases (including eg in Indonesia), assess whether these do or might impact on public attitudes even towards ICA or other forms of arbitration, and explore alternatives or complements to ISDS.


    Speakers:

  • Professor Shahla Ali, University of Hong Kong
  • Professor Simon Bronitt, Dean, The University of Sydney Law School
  • Professor Simon Butt, The University of Sydney Law School
  • Professor James Claxton, Kobe University
  • The Hon Dr Clyde Croft AM SC, Supreme Court of Victoria
  • Daniel Forster, Sparke Helmore Lawyers & The University of Sydney Law School
  • The Hon Roger Gyles AO QC, ABA rapporteur and formerly Federal Court of Australia
  • Dr Benjamin Hayward, Monash University
  • Brenda Horrigan, ACICA President & Herbert Smith Freehills
  • Associate Professor Jeanne Huang, The University of Sydney Law School
  • Wilson Mbugua, University of Hong Kong
  • James Morrison, ACICA & Morrison Law
  • Professor Luke Nottage, The University of Sydney Law School
  • Jonathan Redwood, Banco Chambers
  • Yi Tang, University of Hong Kong
  • Dr Nobumichi (Nobu) Teramura, University of Adelaide
  • Professor Leon Trakman, UNSW
  • Professor The Hon Marilyn Warren AC QC, former Chief Justice of the Supreme Court of Victoria

  • VIEW THE DRAFT PROGRAM (as at 9 August 2019)



    Registration (inc. GST)
    Full fee: $170
    Sydney Law School alumni / Government: $140
    Students / Full-time academics / NGOs: $80

    Please note that registration is for the full day.


    CPD Points: 5


    This symposium is a joint project with University of Hong Kong: following the symposium there on 15 July. Co-hosted by the Centre for Asian and Pacific Law (CAPLUS) at Sydney Law School, supported by the Sydney Centre for International Law (SCIL).

    The symposium's media partner is Transnational Dispute Management (TDM).



    Please see below under 'More info' for the Symposium flyer.

    ___________________________________________________________