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February
Institute of Criminology Author Meets Readers Book Seminar   View Summary
8 February 2019

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Institute of Criminology Author Meets Readers Book Seminar: Parents Killing Children, Crossing the Invisible Line


You are warmly invited to an author meets readers seminar for the book Parents Killing Children, Crossing the Invisible Line.

Join Dr Janice Sim (author) and expert commentators Professor Eileen Baldry and Professor Judy Cashmore for a discussion of the book focusing on the hidden forms of violence in the family, filicide, and the masking of risks of violence through parent representations.


About the book

In New South Wales in the mid-2000s, the majority of child deaths as a result of abuse, neglect, murder or other suspicious circumstances, were at the time of death known to the state. Parents Killing Children: Crossing the Invisible Line explores this strong presence of state intervention in these children's deaths. Drawing on filicide case files spanning the years 2000 to 2008, this book reveals the ways in which recognisable forms of violence sometimes present as 'invisible'. It explores the way certain risks of harm do not at first sight appear violent, because they are masked by appearances of parental love. The book goes on to demonstrate that filicide perpetrators use a combination of techniques to create representations that are easily acceptable and conceal from the public gaze the underlying dysfunction and risks of child endangerment.


More details about the book


The author

Janice Sim (Griffith University) researches filicide and piracy, their socio-legal representations in the context of the law, society, and government intervention and policies.


Panel discussants

Professor Eileen Baldry (University of New South Wales) is a Professor in Criminology at the University of New South Wales. She has worked and researched extensively on social justice matters including mental health, homelessness, community development and social housing, Indigenous social work, and prison reform. She has been and is involved in numerous Australian Research Council projects and in a number of development and justice community agencies including being a Director on the Board of the Public Interest Advocacy Centre. Eileen has also been awarded the Justice Medal in 2009 for her work and support for justice related causes.

Professor Judy Cashmore AO (University of Sydney), co-author of The Voice of the Child in Family Law Disputes (Oxford University Press, 2008). Professor Cashmore researches children's involvement in civil and criminal proceedings and other processes in which decisions are made about children's lives. She has worked in numerous state and federal government committees concerning children and families, and has been appointed Member of the Judicial Commission of New South Wales since 2004. Professor Cashmore has been awarded the 2013 Stanley Cohen Distinguished Research Award by the Association of Family and Conciliation Courts for her outstanding research achievements in the field of family and divorce.


CPD Points: 1.5

This seminar is hosted by the Sydney Institute of Criminology at The University of Sydney Law School.

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Law & Business Downtown Seminar: The Volkswagen Emissions Scandal   View Summary
11 February 2019

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Please note: Online registrations must be paid by Mastercard or VISA. For alternative payment methods, please contact law.events@sydney.edu.au.
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The Volkswagen Emissions Scandal - German, European and US-American Implications

Speaker: Professor Thomas M.J. Möllers, University of Augsburg


The talk on "The Volkswagen emissions scandal - German, European and US-American implications" by Professor Thomas M.J. Möllers mainly concentrates on a comparison of German, European and US-American legal actions taken against Volkswagen in the aftermath of the Diesel scandal. After giving an outline of the events which includes a brief look at the takeover battle between Volkswagen and Porsche, Professor Möllers will provide an overview of the relevant legal provisions in Germany, Europe and the US and how these provisions were enforced in the respective jurisdictions. Consequently, the different approaches to liability and its enforcement are to be evaluated and conclusions for legislative actions are to be drawn.


About the speaker
Professor Dr. Thomas M.J. Möllers was born in Mainz, Germany, on January 25 in 1962. After law studies at universities of Mainz, Dijon, Berkeley, Florence and Munich, he wrote his doctoral thesis at the University of Mainz in 1989 and habilitated at the University of Munich in 1996. Since 1996, Professor Möllers has been holding a Chair for Civil Law, Commercial Law, European Law, International Private Law and Comparative Law at the University of Augsburg. In 2005, he was awarded a Jean-Monnet-Chair for European Law, Business, Capital Market and Competition Law for the first time and five years later he was honoured by being granted a Jean-Monnet-Chair ad personam, which is reserved for renowned scholars in the field of international and European law. This led to the establishment of a Jean-Monnet Centre of Excellence "European Integration - Rule of Law and Enforcement (INspiRE)" at the University of Augsburg in coperation with scholars from Germany, France, Italy and China in 2016.

Professor Möllers's academic work is focused on German and European Economic Law (Capital Market Law, Company Law and Legal Interpretation). He has taken part in developing German and European Capital Market Law and has repeatedly surveyed expert's reports on current government drafts. He is the author of numerous monographs and co-editor as well as author of different major editorial comments. His most recently published monograph, "Legal Theory and Legal Reasoning", is a work on legal methods and rules of legal interpretation as well as development of la wand is currently being translated into English and Chinese. Besides teaching at the University of Augsburg, Professor Möllers is a regular Visiting and Guest Professor of Law at the Universities of Sydney, Pittsburgh, North Carolina at Chapel Hill, Pepperdine, Hobart, Washington, Beijing, Lyon, and is a member in several scientific societies and committees such as the Board of Trustees "Stiftung Geld und Währung" at the German Federal Bank which he chairs.


Commentator: Elizabeth Johnstone, Chair of the ASX Corporate Governance Council

Chair: Professor Jason Harris, 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

 


Other upcoming Law & Business Downtown Seminars:
From FinTech to RegTech to CorpTech
Tuesday 16 April, 5.30-6.45pm
Speaker: Luca Enriques, Allen & Overy Professor of Corporate Law at Oxford University

The Law & Business Downtown seminar series is organised by Professor Jennifer Hill, Director of the Law & Business Program, Professor of Corporate Law, The University of Sydney Law School.

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The New Law of Penalties: Mapping the Terrain   View Summary
12 February 2019

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The law respecting relief against contractual penalties has undergone significant change in recent years. This seminar will give an account of recent developments in respect of the penalty rule in Australia and England, before going on to explore two unresolved questions. The first is whether Australian law recognises two jurisdictions to relieve against penalties - one in equity and another at common law - or instead a unitary penalty doctrine. The second is the important question of how the recent developments are playing out "on the ground".

Speaker:

Mr John Eldridge, Sydney Law School


CPD Points: 1


This event is hosted by the New South Wales Bar Association.


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2019 George Winterton Memorial Lecture   View Summary
14 February 2019

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The Mysteries of Judicial Power: Defining the Relationship Between Law and Power in the Modern State


Speaker: The Honourable Thomas Frederick Bathurst AC, 17th Chief Justice of New South Wales

In 1918, the High Court held that the judicial power of the Commonwealth cannot be vested otherwise than in a court in accordance with s 71 in Chapter III of the Constitution. Since that time, courts have sought to define the nature and limits of "judicial power" and its place within the judicial structure established by Chapter III. Sometimes, these questions have arisen from and concern fairly anodyne areas of law. Other times, they have resulted in a fundamental rethinking of long-assumed legal doctrine. However, regardless of their abstract legal significance, they will almost always have a significant practical effect on how individuals interact with the power exercised by the modern state.

This lecture will examine the role of the concept of "judicial power" in defining the relationship between the law and power in Australia, and will highlight the potential challenges to this relationship which may arise in the future.


About the speaker

Thomas Frederick Bathurst was appointed Chief Justice of New South Wales on 1 June 2011.

Graduating with degrees in Arts and Law from the University of Sydney in 1971, he went on to practise as a solicitor in 1972. He was admitted as a barrister in 1977, specialising in corporate law and litigation and was appointed Queen's Counsel in 1987. His considerable experience in corporate law saw his appointment as a member of the Australian Government's Takeovers Panel (2006-2011).

Prior to his appointment to the bench, the Chief Justice served as President of both the Australian Bar Association (2008-2010) and the New South Wales Bar Association (2009-2011), the Executive Committee of which he was a member from 2002.

The Chief Justice was made a Companion of the Order of Australia in the Queen's Birthday Honours List in 2014.


George Winterton Memorial Fund

Friends and colleagues of the late Professor George Winterton are invited to make a gift to the Memorial Fund named in his honour. Gifts to the Fund will support activities at Sydney Law School in the area of Constitutional Law in memory of Professor Winterton. For further information or to make your gift, please contact Professor Peter Gerangelos, Convenor of the Winterton Memorial Fund and Winterton Lecture Series on peter.gerangelos@sydney.edu.au.




This lecture is proudly hosted by The University of Sydney Law School and The University of Western Australia Law School.

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Learning about the Intimate Partner Violence Intervention (IPVI) Strategy   View Summary
20 February 2019

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Learning about the Intimate Partner Violence Intervention (IPVI) Strategy of John Jay College's National Network of Safe Communities (NNSC)

The IPVI Strategy is a multi-agency response to domestic violence being piloted with police agencies in the US that draws largely from research by the NNSC's director David Kennedy. The IPVI Strategy seeks to remove the burden of preventing IPV from victims; intervene early in the repeat victimisation process; make it clear to even low-level offenders that IPV will not be tolerated; and take special action to deter and, if necessary, incapacitate the most dangerous offenders.

The seminar will focus on outlining the IPVI Strategy, specifically the ideas and research underpinning it, how it works, and the results of trials from across the US. The formal presentations will be followed opportunities for questions and answers, and discussion of the potential value of the IPVI Strategy to the Australian context.


Speakers

Rachel Teicher is the Director of the Intimate Partner Violence Intervention (IPVI) Strategy at the National Network for Safe Communities. She is responsible for assisting with the management and implementation of the IPVI work. In her role, Ms. Teicher provides direct technical assistance and support for the National Network's partner jurisdictions, which includes strategic advising and data management to sites implementing IPVI and sites interested in reducing serious intimate partner violence.

Kyle Ott is a Data Analyst with the National Network for Safe Communities. He is responsible for conducting analysis and generating regular data reports—both for the National Network's partner jurisdictions and for use by the strategic operations and policy team—to illuminate crime trends and support innovations to core strategies. He will also develop data management and analysis protocols that support the ongoing implementation of the National Network's crime reduction strategies in partner sites.


CPD Points: 1.5


This event is co-hosted by the Sydney Institute of Criminology (University of Sydney) and the Australian Institute of Criminology (AIC). This event has been made possible by the sponsorship of the AIC.

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SCIL International Law Year in Review Conference   View Summary
22 February 2019

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Please note that online payments accept credit card only (Visa/ Mastercard). For cheque or EFT payment, please email law.events@sydney.edu.au.

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The Sydney Centre for International Law at Sydney Law School is delighted to present the seventh International Law Year in Review Conference, to be held at the Law School on Friday 22 February 2019.

The conference will give participants insight into the latest developments in international law over the preceding year, especially those most salient for Australia.

Speakers at the conference will include leading academics, practitioners and government lawyers, and will provide an in-depth and critical analysis of contemporary developments in international law, in areas including public international law and treaty-making, international criminal law, international environmental law, and international trade and investment law.

Participation will enable lawyers and non-lawyers alike to remain abreast of important trends in international affairs.


Highlights of the day will include:

- a keynote address by Professor Aoife Nolan, of the University of Nottingham, on 'Human Rights and the Risks and Opportunities of (Economic) Crisis'

- a literary lunch with Richard Flanagan, author of "The Narrow Road to the Deep North" (Penguin, 2013, and Winner of the 2014 Man Booker Prize), and of "First Person" (Penguin, 2017).


VIEW THE PROGRAM (pdf) (as at 22 February 2019)


FRIDAY 22 FEBRUARY
9am - 5.30pm, (registration from 8.45am, cocktail reception follows conference at 5.30pm)

REGISTRATION (inc. GST)
Early bird full day: $175 (until 30 January 2019)
Full day: $200 (from 31 January 2019)
Students full day: $99
Morning session: $100
Afternoon session: $100

CPD points for full day attendance: 7.5


This conference is proudly hosted by the Sydney Centre for International Law (SCIL) at Sydney Law School.

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Matt Laffan Memorial Address on Social Justice   View Summary
27 February 2019

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About the event

In March 2009, Sydney Law School alumnus Matt Laffan passed away after he fought and lost the biggest battle of his colourful and active life. On 27 February 2019, Carly Findlay, writer and appearance activist, will deliver a memorial address to celebrate the significant impact Matt made in his short life.

The 2019 address will be jointly co-hosted by Sydney Law School and the Australian Human Rights Commission in recognition of the 25th anniversary year of the Disability Discrimination Act (DDA), which ends on 28 February 2019.

1 March 2019 will also mark the 10th anniversary of Matt Laffan's passing.

Matt Laffan had severe disabilities, but he will be remembered most for his impressive abilities. With enormous enthusiasm for life, Matt grabbed opportunities and made the most of them.

About the speaker 

Carly Findlay is an award winning writer, speaker and appearance activist. Her first book, Say Hello, was released in January 2019. She's editing Growing Up Disabled in Australia. She writes on disability and appearance diversity issues for publications including ABC, Daily Life and SBS. She was named as one of Australia's most influential women in the 2014 Australian Financial Review and Westpac 100 Women of Influence Awards. She has appeared on ABC's You Can't Ask That and Cyber Hate with Tara Moss, and has been a regular on various ABC radio programs. She's spoken at Melbourne Writers Festival, the University of Western England and Melbourne University - to name a few. She organised the history making Access to Fashion - a Melbourne Fashion Week event featuring disabled models. She has a Master of Communication and Bachelor of eCommerce. Carly identifies as a proud disabled woman - she lives with a rare severe skin condition - Ichthyosis.

Accessibility 

Sydney Law School is wheelchair accessible. This lecture will have Auslan Interpreter provision. Casual parking is available under the New Law Building, accessible via Barff Rd (off City Rd or Parramatta Rd) - after 3pm at $2 per hour to maximum of $6. Please use Lifts 1 -2, located centrally in the carpark.

Please notify us of any accessibility requirements you may have so that we can assist you appropriately by calling 9351 0248.

Lawyers/barristers: attendance at this lecture is equal to 1.5 MCLE/CPD unit.

March
Employment Relations and the Law 2019 Series   View Summary
13 March 2019

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Please note: Online registrations must be paid by Mastercard or VISA. For alternative payment methods, please contact law.events@sydney.edu.au.
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This popular annual series is made up of 10 evening seminars and provides an introduction to the current regulation of employment and labour relations in Australia.

The dates for the program in 2019 are Wednesday nights from 13 March to 22 May with a break on 24 April.

Topics include: the fundamentals of employer and employee rights and obligations under the Fair Work Act, the common law of employment and anti-discrimination law, as well as the regulation of collective bargaining and industrial action.

Special interest topics include contemporary issues - social media, workplace investigations, vulnerable workers, equality and diversity in work and emerging issues in the gig economy.


Schedule
Wednesday evenings
6.15-8.15pm
13 March to 22 May (no class on 24 April)


Date

Topic

Presenter

13 March

Introduction to the Series

Joellen Riley

20 March

The Contract of Employment

David Chin

27 March

The Fair Work system (NES and Awards)

Jacquie Seemann

3 April

Collective Bargaining

Shae McCrystal

10 April

Vulnerable Workers

Stephen Clibborn

17 April

Termination of Employment

Joellen Riley

24 April

BREAK

1 May

Discrimination and Equality

Belinda Smith

8 May

Social Media

Elizabeth Raper

15 May

Workplace Investigations

Kate Peterson

22 May

Emerging Issues in the Gig Economy

Joellen Riley

Click here for a copy of the flyer


Speakers
Seminars will be presented by experts from Sydney Law School and the profession including:
Professor Joellen Riley, Professor of Labour Law, Sydney Law School
Professor Shae McCrystal, Professor of Labour Law, Sydney Law School
Associate Professor Belinda Smith, Sydney Law School
Dr Stephen Clibborn, Sydney Business School

Registration fees (inc GST)
Full Fee Early bird (until 22 February): $990
Full fee (after 22 February): $1,200
Group (3+from the same org.): $900 pp
Sydney Law School Alumni: $792
University of Sydney Staff: $495

Please note: University of Sydney staff receive a 50% discount on the series fees. Please email PLaCE Coordinator for more details and to register.


MCLE/CPD points: 20 (based on 2 points per seminar attended).

Relaunch of Current Issues in Criminal Justice   View Summary
13 March 2019

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Relaunch of Current Issues in Criminal Justice

From February 2019 the Sydney Institute of Criminology partners with world-leading academic publisher Taylor and Francis to publish its journal Current Issues in Criminal Justice.

Current Issues in Criminal Justice is Australia's leading peer-reviewed academic journal on criminal justice with a focus on criminology and criminal law. First published in 1989, the journal has been informing critical debate in criminal justice issues in Australia and internationally for close to three decades, and continues to provide detailed analysis of local, regional and global issues from outstanding academic contributors.

Taylor and Francis' support enhances the journal's position in Australia and broadens the journal's reach to a global audience, crucial at time when innovative local solutions to some of the most intractable criminological issues may provide answers in other contexts.

With this partnership the journal moves to four issues a year, with the distribution power of a major publisher. Current Issues in Criminal Justice will still focus on contemporary debates in Australian criminal justice but will be more outward looking and welcome even more international scholars.

Please join the Sydney Institute of Criminology to celebrate the relaunch of Current Issues in Criminal Justice in publishing partnership with Taylor and Francis, to acknowledge the many people who have contributed to the journal's success and to toast its continued success into the future.

 

Read more details about the Sydney Institute of Criminology's partnership with Taylor and Francis

Read the latest issue

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JSI Seminar Series: The History of the 'Historical School' and the Future of Jurisprudence   View Summary
14 March 2019

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The History of the 'Historical School' and the Future of Jurisprudence


Speaker: Tim Rogan, Sydney Policy Lab

The so-called 'historical school' of jurisprudence associated with Karl Friedrich von Savigny and Henry Maine fell into obscurity during the twentieth-century, sidelined by the dominance of positivists and natural lawyers. More recently the distinct perspectives on law's provenance derived from the writings of Savigny, Maine and their successors have found new exponents. In this paper Tim Rogan argues that this development is being driven in part by renewed (and newly-resourceful) scepticism towards economic analyses of law. While perspectives on jurisprudence were bifurcated between positivists and natural lawyers, much of the necessary work of articulating concrete relationships between law and current society fell to the 'law and economics' movement. But as the concept of economics around which economic analyses of law are framed grows increasingly outmoded, new means of connecting law, economy and society more broadly are being sought — and the jurisprudence of the 'historical school' is proving a rich resource. Framing historical jurisprudence as an alternative both to the positivist/natural dualism and to economic analyses of law in turn opens up interesting angles on contemporary legal issues concerning the regulation of digital technology and the extensions of social life which it supports.

About the speaker

Tim Rogan is an Associate at the Sydney Policy Lab and author of The Moral Economists: R. H. Tawney, Karl Polanyi, E. P. Thompson and the Critique of Capitalism (Princeton, 2017). He holds degrees in law and history. From 2013-2018 he was fellow and lecturer in history at St. Catharine's College, Cambridge. In May 2019 Tim will join the NSW Bar.


CPD Points: 1.5

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ACCEL Environmental Law Seminar Series: Environmental Impact Assessment in the Global Commons   View Summary
25 March 2019

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Please note: Online registrations must be paid by Mastercard or VISA. For alternative payment methods, please contact law.events@sydney.edu.au.
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ACCEL Environmental Law Seminar Series: Environmental Impact Assessment in the Global Commons: Bringing Cooperation Back In

Speaker: Neil Craik, University of Waterloo, Canada


This talk discusses the 2018 ICJ decision between Nicaragua and Costa Rica, in which the ICJ affirmed that states are required to conduct environmental impact assessments (EIAs) when they propose activities that may pose a risk of significant harm to another state. The ICJ indicated that the obligation to conduct EIAs forms part of a state's general due diligence obligation. Craik will argue, however, that the ICJ's account of EIAs is incomplete. While acknowledging the role of the no-harm principle, the ICJ ignored the duty to cooperate, notwithstanding the latter duty's equally strong standing in international environmental law. Ignoring the duty to cooperate pushes the court towards a formal and sequential understanding of EIA, which under-values the centrality of notice and consultation in EIA. In effect, viewed through the no-harm lens, EIA is understood as an entirely procedural and technical tool; whereas, if the duty to cooperate is brought back in, EIA's democratic and 'other-regarding' nature is more clearly seen. A more complete understanding of EIA's role in structuring state interactions over commons resources provides a more sound foundation for creating procedures that will aid states in realising collective environmental goals in the commons.


About the speaker
Neil Craik is an Associate Professor at the University of Waterloo with appointments to the Balsillie School of International Affairs and the School of Environment, Enterprise and Development, where he teaches and researches in the fields of international and Canadian environmental law. His current research examines the legal structure of global commons regimes. Professor Craik has particular interests in climate and geoengineering law and governance, deep seabed mining regulation, and environmental impact assessment. He is the author/editor of several books, including Global Environmental Change and Innovation in International Law, (Cambridge University Press, 2018), Climate Change Policy in North America: Designing Integration (UTP, 2013), Public Law: Cases, Materials and Commentary (Emond Montgomery, 2011) and The International Law of Environmental Impact Assessment: Process Substance and Integration (CUP, 2008), in addition to numerous book chapters and journal articles. He is a Senior Fellow at the Centre for International Governance Innovation (CIGI), Co-director of the BSIA/CIGI International Law Summer Institute, and, from 2011 to 2017, Professor Craik has served as the Director of the School of Environment, Enterprise and Development at the University of Waterloo.


Commentator: Professor Tim Stephens, Sydney Law School

Chair: Dr Kate Owens, Sydney Law School

Closing: Associate Professor Ed Couzens, Sydney Law School

 

Registration (GST inclusive)
Full fee: $50
Sydney Law School alumni: $40
Sydney Law School full time student: $20
Group 3+: $40

 

CPD Points: 1


The ACCEL Environmental Law Seminar Series is organised by the Australian Centre for Climate and Environmental Law at The University of Sydney Law School.

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20th Anniversary of the GST in Australia: Where policy meets reality    View Summary
25 March 2019 to 26 March 2019

Join UNSW Taxation and Business Law and University of Sydney Law School, at this two day conference and dinner as we mark the anniversary of the Australian GST and discuss its past and future. This event will be held on 25 and 26 March 2019 at the Sydney Hilton, with a networking dinner on Monday 25 March at The Tea Room, Queen Victoria Building.

Guest speakers include:

  • The Hon John Howard OM, AC, Former Prime Minister of Australia
  • Michael D'Ascenzo AO, UNSW and Former Commissioner of Taxation
  • Greg Smith, Commonwealth Grants Commission
  • Piet Battiau, OECD
  • Karl-Heinz Haydl, BIAC and PWC
  • Professor Walter Hellerstein, University of Georgia Law School
  • Michael Andrew AO, Board of Taxation and Black Economy Task Force

This conference will be of interest to lawyers and accountants practising in GST Law, representatives of the Australian Tax Office and Treasury, GST specialists from the corporate world, and academics.

Program

The full program is now available here 

Conference Fee:

  • The conference fee includes: Attendance at the two day conference, lunches and teas at Sydney Hilton and conference dinner on Monday 25 March, access to the conference papers
  • Conference fees are as follows: Standard registration $1,110 (incl. GST), closes 18 March, 2019

Registration

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The Challenges for Transitioning to a Low-Carbon Economy    View Summary
25 March 2019

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The Challenges for Transitioning to a Low-Carbon Economy


Speaker: Raphael Heffron, Professor in Global Energy Law & Sustainability, University of Dundee


The goal of sustainable low carbon energy systems requires a nuanced understanding of social justice concerns. Energy systems are understood broadly as multiple interconnected processes of generation and consumption. These include all components related to production, conversion, delivery, and use of energy.

The current energy transition calls for a rethinking of ethical dilemmas on how to allocate the benefits and costs of scarce energy resources, not only among the citizens of urban and rural; north and south; poor and rich but also between current and future generations. Past experiences have shown that realizing energy projects is seldom an uncontested process. From confrontations over oil extraction, concerns over the sustainability of biofuels, to resistance against hydropower, wind energy projects as well as nuclear power, energy questions seem inherently fraught with conflict and sustainability concerns. This ultimately raises the question of energy justice: how can we understand and foster justice when considering past, present and future energy access and production - energy for whom and for what at whose cost? Considerations such as these have implications for the justice concerns of energy development itself. Given the clear impetus for a drastic change of the energy landscape in the coming decades and the key challenges faced by many countries in meeting increasing energy needs, it is to be expected that these will become crucial questions in the coming decades.


About the speaker

Raphael Heffron is Professor for Global Energy Law & Sustainability at the Centre for Energy, Petroleum and Mineral Law and Policy at the University of Dundee. He is a graduate of both Oxford (MSc) and Cambridge (MPhil & PhD). His work is international and combines a mix of energy law, policy and economics. He has published over 120 publications of different types and his research has been cited over 700 times in the last three years. Professor Heffron's research all has a principal focus on achieving a just transition to a low-carbon economy.

Raphael was elected to the Royal Society of Edinburgh Young Academy of Scotland in 2018. His research and teaching has been recognised by the award of a Jean Monnet Professorship in Energy & Natural Resources Law (2016-2019) by the European Commission. His teaching has also been recognised in the UK by becoming a Senior Fellow of the UK Higher Education Academy in 2018. In addition, Raphael is a Fellow of The Royal Society of Arts.

Raphael's research has involved funding from UK national research councils (the ESRC and the EPSRC), the EU and currently through the European Commission Jean Monnet Professorship 2016-2019. He is a Research Associate at the national UK Energy Research Centre. He has given expert advice to the EU, UN, World Bank, and various international thinktanks. Raphael is on the Editorial Board of the International Energy Law Review, the Renewable Energy Law and Policy Review and is Consulting Editor of the Halsbury's Laws of England volumes on Energy Law. Raphael is also co-editor of the forthcoming Oxford University Press Handbook for International Energy Law.

Raphael is currently the Co-Chair of the UK Energy Law and Policy Association; Visiting Professor in Energy Law at the International Hellenic University (Greece); an Associate Researcher at the Energy Policy Research Group at the University of Cambridge; and currently is a Visiting Professor at Paris-Dauphine University (Paris, France), Queen Mary University of London (UK); a Visiting Lecturer at the ESCP Business School (London and Paris); and a Visiting Senior Fellow at the Oxford Institute for Energy Studies.


CPD Points: 1

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April
Law & Business Downtown Seminar: From FinTech to RegTech to CorpTech   View Summary
16 April 2019

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Please note: Online registrations must be paid by Mastercard or VISA. For alternative payment methods, please contact law.events@sydney.edu.au.
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From FinTech to RegTech to CorpTech

Speaker: Luca Enriques, Allen & Overy Professor of Corporate Law at Oxford University

Information technologies (IT) such as distributed ledgers, AI and Big Data analytics are disrupting financial services markets and laying out new challenges and opportunities for regulators. They are also bound to improve information flows and processing within our economies main players, namely corporations. So much so that some claim that the role of boards will fundamentally change, shifting back from monitoring to advisory or losing relevance in favour of shareholder direct oversight of management. The reports of the impending demise of monitoring boards, however, are greatly exaggerated. This is due both to new technologies' current and predictable limitations and to the inherent features of corporation governance and the agency problems between shareholders and their agents. While a refocus of boards on IT oversight and, in some areas, direct management is predictable and advisable, boards of directors will continue to play a key role in the control of agency costs within corporations. At the same time, they face increased liability risks in jurisdictions where duty of care violations are enforced.


About the speaker
Luca Enriques is the Allen & Overy Professor of Corporate Law at the University of Oxford Faculty of Law and a European Corporate Governance Institute (ECGI) Research Fellow. He is a coauthor of The Anatomy of Corporate Law (3rd ed., 2017) and of Principles of Financial Regulation (2016). He has published widely in the fields of corporate law, securities regulation, and banking law. He has held visiting positions, among others, at Harvard Law School, where he was Nomura Professor of International Financial Systems (2012-13), the University of Cambridge Faculty of Law, the Instituto de Impresa (Madrid), and the Interdisciplinary Center Hertzliya. Between 2007 and 2012 he was a commissioner at Consob, the Italian securities market authority. Before joining the Oxford Faculty of Law, he was Professor of Law at the University of Bologna (2002-07) and at LUISS Guido Carli University in Rome (2013-14), and a consultant to Cleary, Gottlieb, Steen & Hamilton (2003-07).


Commentator: Mark Adams, Strategic Intelligence, ASIC
Mark leads the team responsible for driving ASIC's data science agenda as well as leading ASIC's economic and risk analysis unit. Mark also leads ASIC's Innovation Hub and regtech initiatives.

Chair: TBC

 

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 Downtown seminar series is organised by Professor Jennifer Hill, Director of the Law & Business Program, Professor of Corporate Law, The University of Sydney Law School.

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BOOK LAUNCH: Agricultural Land Use and Natural Gas Extraction Conflicts   View Summary
17 April 2019

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BOOK LAUNCH: Agricultural Land Use and Natural Gas Extraction Conflicts: A Global Socio-Legal Perspective


Authors:
Dr Madeline Taylor, The University of Sydney Law School

Professor Tina Soliman-Hunter, Aberdeen University Centre for Energy Law


Onshore unconventional gas operations, in most jurisdictions, operate on the legal principle that all activities during exploration and extraction are 'temporary' in nature. The concept that the onshore unconventional gas industry has a temporary effect on the land on which it operates creates a regulatory paradox. On one hand, unconventional gas activities create energy security, national wealth and a bourgeoning export industry. On the other, agricultural land and agriculturalists may be significantly disadvantaged by unconventional gas activities potentially producing permanent damage to non-renewable fertile soils and spoiling the underground water tables. Thus, threatening future food security and food sovereignty.

This book explores the socio-regulatory dimensions of coexistence between agricultural and onshore unconventional gas land uses in the jurisdictions with the highest concentration of proven unconventional gas reserves - Australia, Canada, the USA, the UK, France, Poland and China. In exploring the differing regulatory standpoints of unconventional gas land uses on productive farming land in the chosen jurisdictions, this book provides an original three-part categorisation of regulatory approaches addressing the coexistence of agricultural land and unconventional gas namely: adaptive management, precautionary and, finally, statism. It offers a timely and topical approach to socio-legal natural resource governance theory based on the participation, transparency and empowerment for agricultural landholders, examining how differing frameworks such as the collective bargaining framework can create equitable and sustainable contractual arrangements with unconventional gas companies.


About the authors

Dr Madeline Taylor

Dr Taylor specialises in Energy and Natural Resources Law specifically on the relationship between unconventional gas regulation, energy policy, agricultural land preservation and landholder rights. Her research advances a novel examination of transitioning energy regulation from a comparative and socio-legal perspective, including the strategic governance of natural resources and the fragmentation of ownership rights between the state, private landholders and Native Title bodies. Dr Taylor's other research expertise analyses the legal dimensions of commercial energy markets, LNG exports and intersection of proprietary rights between governments, corporations and landowners in negotiating access and compensation arrangements on prime agricultural land.

She was awarded an Australian Postgraduate Scholarship and Dean's Scholarship for her PhD thesis examining the regulatory coexistence of unconventional gas activities on priority agricultural areas in Queensland and British Columbia, Canada. Prior to joining the University of Sydney, Madeline was an inter-disciplinary Visiting Scholar at the University of British Columbia examining the regulation of shale gas activities within the Agricultural Land Reserve. She has also held research positions within the Centre for Coal Seam Gas at the University of Queensland and teaches in the areas of Corporate Law, Land Law, Personal Property Law and Energy Law.


Professor Tina Soliman-Hunter

Professor Tina Soliman-Hunter is the Director of the Aberdeen University Centre for Energy Law (AUCEL) and the Professor in Petroleum Law at the University of Aberdeen. She teaches and researches in the area of petroleum law (offshore), Arctic resources law and shale gas law. She has received academic qualifications in marine sediments and geology, political science, applied science, and law, completing her PhD at the University of Bergen, Norway. She presently a Honorary Professor at the University of Eastern Finland and Murdoch University.

She has undertaken teaching and research in numerous countries including the UK, Australia, Norway, Canada, Iceland, Greece, Finland, Russia, the USA and the Philippines. Her expertise in regulating of petroleum activities has been sought worldwide, undertaking activities such as analysing petroleum laws, drafting legislation and advising governments, industry groups and NGO's worldwide.

Professor Soliman-Hunter is presently the Leader of the UK-Russian Consortium of Researchers and Experts in North and Arctic Marine Ecosystems Oil Contamination, a multi-disciplinary research team of researchers from universities in Tomsk, Arkhangelsk and Murmansk, investigating seabed sediment contamination arising from oil spills and its implication for legal reform.

Information about the book


Commentator Panel

Bob Pritchard, Energy Policy Institute of Australia and ResourcesLaw International

Professor Cameron Holley, UNSW

Dr Cameron Kelly, ARENA


Commentator panel's biographies


This event is sponsored by the Ross Parsons Centre at The University of Sydney Law School.

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A Sydney Institute of Criminology Book Event: Reasonable Doubt: Spies, Police and the Croatian Six   View Summary
30 April 2019

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A Sydney Institute of Criminology Book Event: Reasonable Doubt: Spies, Police and the Croatian Six


Author Hamish McDonald in discussion with Emeritus Professor Rodney Tiffin and human rights lawyer Sebastian de Brennan


"For the first time, the full story of how ASIO, the police and the legal system got it wrong" - Emeritus Professor Rodney Tiffen


About the book

Knock, knock — it's a hot summer night in 1979 and Roger Rogerson is at the front door with a posse of Sydney's toughest cops. Sticks of gelignite are discovered, and the family's young men are taken off for a rough night at CIB headquarters, joined by others arrested in simultaneous raids across the city. For them, and the entire community of migrants from Croatia, it's the start of a nightmare, ending in 15-year jail terms for terrorist conspiracy. But even during their 10-month trial, holes appeared in the police case. Later the chief crown witness confessed on TV he made up his crucial testimony.

Decades later, a chance reference drew journalist Hamish McDonald to explore this case. He uncovers evidence that authorities took pains to conceal from the court: that the crown witness was an agent of the Yugoslav secret service and had been under ASIO surveillance. This book shows how an unreformed police force, inept politicians, scheming security men, and mutually back-slapping judges contributed to Australia's biggest miscarriage of justice. It's Sydney's underbelly, with a dash of international intrigue and espionage.


About the author

Hamish McDonald is one of Australia's best known journalists. Graduate of the University of Sydney in government and French, he has been a correspondent and foreign editor with The Sydney Morning Herald and the former Far Eastern Economic Review magazine, with postings in Jakarta, Tokyo, Hong Kong, New Delhi and Beijing as well as assignments around Australia and the Pacific islands. Based in Sydney, he is currently a contributing writer for The Saturday Paper, The Monthly and the Nikkei Asian Review. He has written several books on Indonesian Indian and Japanese subjects. This new book takes him out of his usual Asian fields to Balkan rivalries enacted in Australia, and is the result of investigation over 12 years.


The book will be available for purchase on the night ($29.95RRP).


This event is sponsored by the Sydney Institute of Criminology at Sydney Law School.

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May
Disaster in the Murray Darling Basin: Explanations and Consequences   View Summary
9 May 2019

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Disaster in the Murray Darling Basin: explanations and consequences


In 1994, the Council of Australian Governments (COAG) agreed to a major reform of water resource management, a key component of which was the principle of ecologically sustainable development. This recognised the fact that past practices of over-allocation had impacted heavily on species, river health, ecosystems and wetlands. The instrument which COAG adopted to achieve these goals was the water trading market. The reform project has been reinvigorated each decade including by the Commonwealth government intervening to take control of the Murray Darling Basin in 2007 under the Water Act 2007 (Cth). The 2012 Murray Darling Basin Plan is a consequence of that. How is it then that after 25 years of so-called reforms the Murray Darling Basin is in such a state of crisis - as evidenced by the Menindee Region Fish Kill in the summer of 2018-19? What strategies are in place to deal with the existing ecological crisis while meeting the growing challenges of climate change?

This forum examines the origins of the challenges and the state of the rivers, the legal frameworks and socio-economic ramifications.


Chair: Professor Rosemary Lyster, Professor of Climate and Environmental Law and Co-Director of the Australian Centre for Climate and Environmental Law, The University of Sydney Law School

Professor Richard Kingsford "Fixing the state of ecosystems in the Murray-Darling Basin - are we on track?"

Dr Emma Carmody "When nature revolts: advocating for an environmental rule of law in the Murray-Darling Basin."

Professor Sarah Wheeler "What are the Facts about the impacts of Water Recovery on Rural Communities in the Murray-Darling Basin?"


About the speakers:

Professor Richard Kingsford is a river ecologist who has worked extensively across the wetlands and rivers of the Murray-Darling Basin. He also worked with many different communities and governments across this region. His research has influenced the policy and management of the Murray-Darling Basin, including through involvement on state and federal advisory committees. He is the Director for the Centre for Ecosystem Science UNSW, Sydney.

Dr Emma Carmody is an environmental lawyer with particular expertise in water law. She is a senior solicitor at Australia's oldest public interest environmental law centre, EDO NSW, where she advises farmers, Traditional Owners and conservation groups about water laws at all levels of government. She also serves as legal advisor to the Secretariat of the Ramsar Convention on Wetlands in Switzerland, is a visiting fellow in the Faculty of Law at the University of NSW and on the board of the Alliance for Water Stewardship International. In 2018, Emma won the Dunphy Award for "most outstanding environmental effort of an individual" at the NSW Environment Awards. The award was made in recognition of her efforts to enforce water legislation and expose alleged non-compliance and maladministration in the Murray-Darling Basin.

Professor Sarah Wheeler is the Associate Director of Research with the Centre for Global Food and Resources, University of Adelaide. She was an Australian Research Council Future Fellow from 2014-2018, and is an Associate Editor/editor of three water and economic journals and on five editorial boards. She has currently published over 115 papers on issues associated with water, climate change and farmer adaptation behaviour and was a member of the Australian Academy of Science's Investigation of the causes of mass fish kills in the Menindee Region NSW over the summer of 2018-2019 and is an expert on water policy in the Murray-Darling Basin


This event is presented by Australian Centre for Climate and Environmental Law (ACCEL) and the Sydney Environment Institute.

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Law & Business Seminar: The Unique Challenges of Regulating a Cross-Border Derivatives Market   View Summary
13 May 2019

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Please note: This Law & Business seminar is free to attend.
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The Unique Challenges of Regulating a Cross-Border Derivatives Market: International Coordination, Deference and Free Markets


Speakers:
Christopher Giancarlo, Chairman, U.S Commodity Futures Trading Commission
Eric Pan, Director, Office of International Affairs at the U.S. Commodity Futures Trading Commission


U.S. Commodity Futures Trading Commission Chairman Chris Giancarlo, along with CFTC International Affairs Director Eric Pan, will speak about the CFTC's efforts over the past 2.5 years to revamp how the CFTC approaches cross-border regulation, engages its foreign counterparts and promotes the development and operation of the OTC derivatives markets. During this time, the CFTC has been a leading voice in international fora for stronger coordination among global regulators and deference to each other's' regimes as the best way to address regulatory causes of market fragmentation and inefficient financial resiliency.


About the speakers

J. Christopher Giancarlo

J. Christopher "Chris" Giancarlo was unanimously confirmed to serve as Chairman of the U.S. Commodity Futures Trading Commission by the U.S. Senate on August 3, 2017. Prior to becoming Chairman, Mr. Giancarlo was designated Acting Chairman on January 20, 2017 and was nominated by President Trump to serve as the Chairman on March 14, 2017 to a term that expires in April 2019. Mr. Giancarlo had served as a CFTC Commissioner since his swearing in on June 16, 2014, after a unanimous consent by the U.S. Senate on June 3, 2014. He was nominated by President Obama on August 1, 2013.

Before entering public service, Mr. Giancarlo served as the Executive Vice President of GFI Group Inc., a financial services firm. Prior to joining GFI, Mr. Giancarlo was Executive Vice President and U.S. Legal Counsel of Fenics Software and was a corporate partner in the New York law firm of Brown Raysman Millstein Felder & Steiner. Mr. Giancarlo joined Brown Raysman from Giancarlo & Gleiberman, a law practice founded by Mr. Giancarlo in 1992 following his return from several years in London with the international law firm of Curtis, Mallet-Prevost, Colt & Mosle.

Mr. Giancarlo was also a founding Co-Editor-in-Chief of eSecurities, Trading and Regulation on the Internet (Leader Publications). In addition, Mr. Giancarlo has testified three times before Congress regarding the implementation of the Dodd-Frank Act, and has written and spoken extensively on public policy, legal and other matters involving technology and the financial markets.

Mr. Giancarlo was born in Jersey City, New Jersey. He attended Skidmore College in Saratoga Springs, New York where he graduated Phi Beta Kappa with Government Department Honors. Mr. Giancarlo received his law degree from the Vanderbilt University School of Law where he was an associate research editor at the Vanderbilt Journal of Transnational Law and President of the Law School's International Law Society. Mr. Giancarlo has been a member of the Bar of the State of New York since 1985.


Eric Pan

Eric J. Pan is the Director of the Office of International Affairs at the U.S. Commodity Futures Trading Commission. Eric oversees CFTC international initiatives, provides guidance regarding international issues raised in Commission matters, and represents the CFTC in international bodies, including the International Organization of Securities Commissions (IOSCO) and the Financial Stability Board (FSB). He is responsible for the CFTC's engagement with non-US regulatory counterparts, including those in Europe, China, India and Japan, and manages the development and governance of international workstreams involving the CFTC.

In international fora, Eric chairs the IOSCO Committee on Derivatives, the OTC Derivatives Regulators Group, and the FSB Working Group on UTI and UPI Governance and assists the CFTC Chairman in chairing the IOSCO Cyber Task Force and the IOSCO Task Force on Market Fragmentation. He also has represented the CFTC in the IOSCO Board and in international workstreams related to derivatives reform, central clearinghouse regulation and supervision, trade reporting, data harmonization, margin regulation, market conduct and corporate governance, cybersecurity, fintech and regtech, data protection, cross-border information sharing, benchmarks, and trading.

Before joining the CFTC, Eric was Associate Director for International Regulatory Policy at the U.S. Securities and Exchange Commission, recruited in 2011 from academia to assist in the implementation of the Dodd-Frank Act and the G-20 reforms. Before entering government service, he was a professor of law, director of a center on corporate governance, and lawyer in private practice. Eric received his A.B. in Economics from Harvard College, M.Sc. in European and International Politics from the University of Edinburgh, and J.D. from the Harvard Law School. He is a member of the American Law Institute.


Chair: Professor Jennifer Hill, Sydney Law School


Registration
Complimentary, however registration is essential

 

CPD Points: 1


The Law & Business Downtown seminar series is organised by Professor Jennifer Hill, Director of the Law & Business Program, Professor of Corporate Law, The University of Sydney Law School.

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BOOK LAUNCH: Crimes against Humanity in the 21st Century   View Summary
15 May 2019

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BOOK LAUNCH: Crimes against Humanity in the 21st Century: Law, Practice and Threats to International Peace and Security


Authors:
Dr Robert Dubler SC, 12 Wentworth Selborne Chambers

Matthew Kalyk, 12 Wentworth Selborne Chambers


Guest speakers:
Professor Gillian Triggs & The Honourable Michael Kirby AC

In Crimes Against Humanity in the 21st Century, Dr Robert Dubler SC and Matthew Kalyk provide a comprehensive analysis of crimes against humanity in international criminal law. The text tracks the crime from its conceptual origins in antiquity, to its emergence in customary international law at Nuremberg, to the establishment of the 'modern definition' at the Hague with the ICTY, ICTR and ICC, and finally to recent state practice and jurisprudence. The text sets out conclusions about the legal elements of the crime and contends that the raison d'être of the crime is located not in the inhumanity of its authors' actions but in the extent to which its authors threaten international peace and security so as to justify international intervention.


About the authors

Dr Robert Dubler SC

Robert Dubler SC graduated with First Class Honours and the University Medal from the University of Sydney and was called to the Bar in 1990, reading with James Allsop (now Chief Justice of the Federal Court of Australia). In 1993 Robert took up a Commonwealth and Churchill Scholarship to complete a LL M in Cambridge University graduating with First Class Honours. Robert was appointed Senior Counsel in 2004 and completed a PhD in law (International criminal Law) at the University of Sydney in 2008.

Apart from having a broad practice primarily in commercial law, Robert maintains a keen interest in international human rights law and international criminal law. He is a member of the International Commission of Jurists and chairman of the Sri Lankan Evidence Project which is assembling evidence of war crimes. He has appeared pro-bono in several cases in these areas including the Aboriginal Stolen Generation constitutional law case in the High Court, refugee cases, as Counsel for one of the 'Balibo five' of Australian journalists killed in East Timor in 1975, at his coronial inquest and for victims of torture in China before the Committee Against Torture in Geneva, the New South Wales and the High Court of Australia.


Matthew Kalyk

Matthew has a broad practice primarily in commercial law, regulatory matters, professional negligence, administrative law and Commonwealth criminal matters. Prior to coming to the Bar, Matthew was a Federal Prosecutor with the Commonwealth Director of Public Prosecutions (CDPP), working in fraud, tax and corporate crime, money laundering, drug importation, child exploitation and aviation offences. Previously Matthew was a solicitor at Herbert Smith Freehills working in commercial litigation, white collar crime / regulation and employment law.

Matthew also has a strong interest in international criminal law, having interned at the UN International Criminal Tribunal for the Former Yugoslavia on the prosecution case against former Bosnian Serb president, Radovan Karadžić. More recently, Matthew assisted the Public Interest Advocacy Centre (PIAC) with its report into the alleged commission of international crimes during the Sri Lankan civil war.


Information about the book


This event is sponsored by The University of Sydney Law School, Herbert Smith Freehills, International Commission of Jurists, Australian branch and the International Law Association of Australia.

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Beyond Punishment Seminar Series 2019: Aboriginal Women in the Criminal Justice Network   View Summary
23 May 2019

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Beyond Punishment Seminar Series 2019: Sydney Institute of Criminology and Corrective Services NSW

Aboriginal Women in the Criminal Justice Network


Aboriginal women in the criminal justice system face distinctive problems. This seminar will focus on strategies that aim to address the rising rates of incarceration of Aboriginal women, and to assist Aboriginal women prisoners to achieve reintegration into the community upon their release from custody.


Panelists will include:

Dr Jane Walker specializes in mixed methods, interdisciplinary research that influences policy and practice. Jane has almost twenty years' experience in research and related roles in academic and government settings. Her areas of specialty are women's and children's health, and criminology;

Ms Kelly-Anne Stewart, who is the Principal Advisor on Women Offenders at Corrective Services NSW;

Ms Louise Lynch, who is Principal Manager of the Aboriginal and Strategy Policy Unit at Corrective Services NSW;

Ms Vickie Roach, a Yuin woman and former prisoner, who is an advocate for prisoners' rights and, in 2007, in the High Court case of Roach v Electoral Commissioner, successfully challenged on constitutional grounds Howard government legislation that purported to prevent all Australian prisoners from voting in Federal elections; and

Ms Gail Gray and Kelly Parker of Community Restorative Centre, who will be discussing the Miranda Project, which provides support to women with complex needs who are at risk of being drawn into the criminal justice system.


Chair: Dr Megan Williams, Senior Lecturer and Head of the Indigenous Health Discipline at UTS's Graduate School of Health. Dr Williams' research focusses on improving the health and wellbeing of people in the criminal justice system and on their release from custody.


CPD Points: 1.5

 

This event is sponsored by the Sydney Institute of Criminology at Sydney Law School and Corrective Services NSW.

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Where are the Italian Mafias in Italy and Abroad?   View Summary
28 May 2019

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Where are the Italian mafias in Italy and abroad?

Speaker: Associate Professor Francesco Calderoni, Università Cattolica del Sacro Cuore (Milan, Italy)


Where are the Italian mafias? Which Italian regions have a higher mafia presence? And which countries in the world are more affected by the presence of Italian organized crime? This presentation will discuss the movement of the Italian mafias from the territories of origin in the South of Italy to other Italian regions and countries of the world. It will present attempts to measure and analyse the presence of the mafias and discuss the implications for research (why criminal groups move? what do they do in the host territories?) as well as ideas for policies preventing and tackling the mafias in new territories (what may countries do to effectively prevent the activities of the mafias in their territory?).


About the speaker:

Francesco Calderoni is an Associate Professor of Criminology at Università Cattolica del Sacro Cuore (Milan, Italy), where he coordinates the Master degree in Public Policy, major in Policies for Security and the International Ph.D. in Criminology. Since 2005 he has been a researcher at Transcrime, the Joint research centre on transnational crime which has coordinated several national and international research projects funded, among others, by the Italian Ministry of Interior, the European Commission, and the United Nations Office on Drugs and Crime. His research interests focus on organized crime and the mafias, illicit markets, and policies addressing organized crime.


CPD Points: 1

 

This event is co-hosted by the Sydney Institute of Criminology (University of Sydney) and the Australian Institute of Criminology (AIC). This event has been made possible by the sponsorship of the AIC's Serious and Organised Crime Research Laboratory.

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WEBINAR: Extensions of time to register on the PPSR: Recent cases and commentary   View Summary
29 May 2019

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After registering, you will receive a confirmation email containing information about joining the webinar.

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Extensions of time to register on the PPSR: Recent cases and commentary

This free webinar will discuss recent cases on seeking extensions of time to register on the PPSR under s.588FM of the Corporations Act 2001 (Cth).


Speaker: James de Szell is a banking and finance lawyer based in Sydney and has been with Norton Rose Fulbright for over 5 years. James focuses on advising lenders and borrowers on a wide range of financing transactions, including development, project and general corporate finance. He completed an honours thesis on the PPSA and its application to sub-leasing arrangements. He has published several articles on the PPSA in the Australian Insolvency Law Bulletin and Corporation Law Bulletin.

Commentator: David Brown is Associate Professor at Adelaide Law School, where he teaches and researches in property, insolvency and secured transactions law. He is co-author of A Duggan and D Brown on Australian Personal Property Securities Law (2nd ed, Lexis). He is a member of the BFSLA Academic Committee, Law Council Business Law Division PPS Working Group, and consults for AFSA on PPS issues. He has presented widely on PPSA and been involved in a number of key cases in Australia and New Zealand.

Chair: Jason Harris is Professor of Corporate Law at Sydney Law School and is the co-author of the Annotated PPSA, 3rd ed (with Nicholas Mirzai), published by Wolters Kluwer. Jason is the chair of the BFSLA academic committee.


CPD point: 1


This webinar is presented by the BFSLA Academic Committee and the Ross Parsons Centre for Commercial, Corporate and Taxation Law, Sydney Law

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JSI Seminar Series: Rejecting Retributivism: Free Will, Punishment, and Criminal Justice   View Summary
30 May 2019

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Rejecting Retributivism: Free Will, Punishment, and Criminal Justice


Speaker: Professor Gregg D. Caruso, Macquarie University

One of the most prominent justifications of legal punishment, historically and currently, is retributivism, according to which wrongdoers deserve the imposition of a penalty solely for the backward-looking reason that they have knowingly done wrong. While retributivism provides one of the main sources of justification for punishment within the criminal justice system, there are good philosophical and practical reasons for rejecting it. One such reason is that it is unclear that agents deserve to suffer for the wrongs they have done in the sense required for retributivism. After laying out three distinct reasons for rejecting retributivism, two of which have to do with the possibility that agents lack the kind of free will and moral responsibility needed to ground retributive punishment, Professor Caruso will introduce his public health-quarantine model, a non-retributive alternative for addressing criminal behaviour that draws on the public health framework and prioritizes prevention and social justice. He will argue that the public health-quarantine model is not only an ethically defensible and practically workable alternative to retributive punishment, it is more humane than retributivism and preferable to other non-retributive alternatives.


About the speaker

Gregg D. Caruso is Professor of Philosophy at SUNY Corning and Honorary Professor of Philosophy at Macquarie University. He is also Co-Director of the Justice Without Retribution Network and Visiting Researcher at the University of Aberdeen School of Law. He is the author of Free Will and Consciousness: A Determinist Account of the Illusion of Free Will (2012), and Public Health and Safety: The Social Determinants of Health and Criminal Behavior (2017), as well as the editor of Free Will Skepticism in Law and Society (co-edited w/Elizabeth Shaw and Derk Pereboom), Neuroexistentialism: Meaning, Morals, and Purpose in the Age of Neuroscience (co-edited w/Owen Flanagan 2018), and Exploring the Illusion of Free Will and Moral Responsibility (2013).


CPD Points: 1.5

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June
Interpretive Disputes in Contract Law   View Summary
5 June 2019

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Speaker: Dr Ryan Catterwell, The University of Queensland


In this CLE seminar, Dr Ryan Catterwell sets out practical guidance for dealing with interpretive disputes in contract law. Dr Catterwell claims that contract interpretation is a process through which objective intention is inferred from the choice of words in a contract. The interpretive process involves four steps: define the question of interpretation; identify the competing constructions; formulate arguments in favour of each construction; and weigh and balance the competing arguments to arrive at the interpretation that was probably intended. The "correct" construction is the one that is established to the highest degree of probability. Hence, an interpretive dispute is determined by analysing the arguments in favour of each interpretation—arguments that are constructed from the admissible materials, ie, the potential meanings for the words, the background to the transaction, the objects served by the contract and the consequences of the competing interpretations. Dr Catterwell demonstrates how interpretation works in practice by reference to simple hypothetical examples and a small selection of well-known seminal cases.


Chair: The Honourable Kevin Lindgren QC



CPD point: 1


This seminar is sponsored by the Ross Parsons Centre at Sydney Law School.

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Book launch of Poland's Constitutional Breakdown   View Summary
5 June 2019

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Book launch of Poland's Constitutional Breakdown

Author: Professor Wojciech Sadurski, The University of Sydney Law School


You are invited to celebrate the book launch of Poland's Constitutional Breakdown, by author Professor Wojciech Sadurski.

Professor Helen Irving of Sydney Law School will officially launch the book.


About the book:

Since 2015, Poland's populist Law and Justice Party (PiS) has been dismantling the major checks and balances of the Polish state and subordinating the courts, the civil service, and the media to the will of the executive. Political rights have been radically restricted, and the Party has captured the entire state apparatus. The speed and depth of these antidemocratic movements took many observers by surprise: until now, Poland was widely regarded as an example of a successful transitional democracy.

Poland's anti-constitutional breakdown poses three questions that this book sets out to answer: What, exactly, has happened since 2015? Why did it happen? And what are the prospects for a return to liberal democracy? These answers are formulated against a backdrop of current worldwide trends towards populism, authoritarianism, and what is sometimes called 'illiberal democracy'. As this book argues, the Polish variant of 'illiberal democracy' is an oxymoron. By undermining the separation of powers, the PiS concentrates all power in its own hands, rendering any democratic accountability illusory. There is, however, no inevitability in these anti-democratic trends: this book considers a number of possible remedies and sources of hope, including intervention by the European Union.


Information about the book


About the author:

Wojciech Sadurski is Challis Professor in Jurisprudence. He also holds a position of Professor in the Centre for Europe in the University of Warsaw, and was visiting professor (in 2010, 2011 and 2012) at the University of Trento, Italy and in Cardozo Law School in New York. In 2013/2014 he is Straus Fellow and Global Visiting Professor of Law at New York University Law School. In Spring term, 2015, he was Visiting Professor at Yale Law School.

He was Professor of Legal Theory and Philosophy of Law in the Department of Law, European University Institute in Florence (1999-2009), and served as head of department of Law at the EUI in 2003-2006. He also taught as visiting professor at a number of universities in Europe, Asia and the United States. He has written extensively on philosophy of law, political philosophy and comparative constitutional law.

Fellow of the Academy of the Social Sciences in Australia (elected in 1990), Wojciech Sadurski is member of a number of supervisory or program boards, including the Institute of Public Affairs (Poland), Freedom of Press Observatory (Poland) and the Centre for International Affairs (Poland), and also of editorial boards, including the European Law Journal, Politics, Philosophy and Economics, and Law and Philosophy Library (Springer Scientific). Since 2011, Chairman of the Academic Advisory Board of the Community of Democracies. In 2013, he initiated and has been leading the Myanmar Constitutional Reform Project.


This book launch is hosted by The University of Sydney Law School.

 

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Is this the end or the beginning for the WTO?   View Summary
11 June 2019

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Is this the End or the Beginning for the WTO?


Speaker: Professor James Bacchus, University of Central Florida

Professor James Bacchus will discuss the current crisis facing the WTO Appellate Body and the multilateral trading system; the current prospects for negotiations; and what he sees as the need for reimagining international trade law for global sustainable development.


About the speaker

James Bacchus is the Distinguished University Professor of Global Affairs and Director of the Center for Global Economic and Environmental Opportunity at the University of Central Florida. He was a founding judge and was twice the Chairman — the chief judge — of the highest court of world trade, the Appellate Body of the World Trade Organization in Geneva, Switzerland. He is a former Member of the Congress of the United States, from Florida, and a former international trade negotiator for the United States. He is a Global Fellow of the Centre for International Governance Innovation in Canada, and a Senior Fellow of the Cato Institute in Washington, D.C. He served on the High-Level Advisory Panel to the Conference of Parties of the United Nations Framework Convention on Climate Change, chairs the global Commission on Trade and Investment Policy of the International Chamber of Commerce, and chaired the global sustainability council of the World Economic Forum. He is the author of The Willing World: Shaping and Sharing a Sustainable Global Prosperity, named by the Financial Times as one of the "Best Books" of 2018.


This event is jointly presented by the US Studies Centre's Trade and Investment Program, Australian Department of Foreign Affairs and Trade and Sydney Centre for International Law at The University of Sydney.


CPD Points: 1.5


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JSI Seminar Series: Legal Pluralism and Indigenous Legal Traditions   View Summary
13 June 2019

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Legal Pluralism and Indigenous Legal Traditions


Speaker: Professor Kirsty Gover, University of Melbourne

The short-hand "legal pluralism" captures a wide variety of methods and aims. All embrace the idea that a single society can contain more than one legal system; that many (perhaps all) societies are legally plural, and that this social fact is relevant to the way that relationships between legal systems and legal subjects ought to be understood and managed in those societies. The Commonwealth settler states of Canada, Australia, and New Zealand are readily understood as legally plural societies in which the relationship between settler and Indigenous law is of paramount importance. However, legal doctrine in the those states still relies on absolutist notions of sovereignty and statist positivist concepts of law to deny the sovereignty and independent legal authority of Indigenous peoples. The result is that, doctrinally, the only Indigenous laws that are formally regarded as "law" are those that can be understood to derive from state sovereignty by virtue being "recognised" by the legislative or judicial branches of settler governments. These are typically reflected in state law as "rights" (most often, rights to property), or else as evidence of facts relevant to proving the content of those rights. Settler law has for the most part relegated Indigenous law to these narrowly-defined functions and has not attended to the internal processes and rules (including rules of recognition) through which Indigenous law is generated, identified and applied. A more just and equitable form of legal pluralism in settler states, in which the authority of Indigenous law is accepted on its own terms and in accordance with Indigenous legal theories and traditions, is achievable, but progress towards this goal has been slow. This draft paper broaches the question of whether legal pluralism "the field" can supply methodologies appropriate to this particular challenge, and in particular, how legal pluralism could enable or model the appropriate recognition of Indigenous legal traditions, some of which are discussed in the paper.


About the speaker

Professor Kirsty Gover was appointed to the Melbourne Law School faculty in 2009. Her research and publications address the law, policy and political theory of Indigenous rights, institutions and jurisdiction. She is interested in in the importance of Indigenous concepts of law and politics in settler state political theory, constitutionalism and international law. Professor Gover is the author of Tribal Constitutionalism: States, Tribes and the Governance of Membership (Oxford University Press 2010). She is currently working on a book entitled: When Tribalism meets Liberalism: Political Theory and International Law (Oxford University Press), examining the ways in which indigenous self-governance influences the development of international law and international legal theory by altering the behaviours of states. Professor Gover is a graduate of New York University (NYU) JSD Doctoral Program, where she was an Institute for International Law and Justice (IJIL) Graduate Scholar and New Zealand Top Achiever Doctoral Fellow. She is Chair of Melbourne Law School's Reconciliation and Recognition Committee, Graduate Research Coordinator and Director of Melbourne Law School's Indigenous Peoples in International and Comparative Law Research Program.


CPD Points: 1.5

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Has International Law prepared us for the next pandemic? International Health Regulations on Trial   View Summary
17 June 2019

Registration

Click here to register for the seminar.

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Has International Law prepared us for the next pandemic? The International Health Regulations on Trial


About the seminar

Following the outbreak of SARS in 2003, the international community committed to a new era of international law, by revising the International Health Regulations (2005) (IHR). The IHR are intended to prevent, and to provide a framework for responding to public health emergencies, including globally-significant, communicable diseases. The IHR are legally binding on all World Health Organization (WHO) Member States, including Australia.

Since the IHR entered into force, the world has faced a number of significant health events, including H1N1 pandemic influenza in 2009, the 2014-2016 Ebola outbreak in West Africa, and the 2018 Ebola outbreaks in the Democratic Republic of Congo. Each of these events have tested the utility and function of the IHR.

In this seminar, a panel of experts in public health law and global health security will examine whether the International Health Regulations are meeting their goal of protecting public health, international trade, and human rights, and whether the obligations in the IHR are sufficiently robust to respond to ever more complex health emergencies.

This free event hosted by Sydney Law School is a side-event, to the first Global Health Security Conference in Sydney, Australia held from 18 -21 June 2019.


Click here for a copy of the flyer


Panellists

  • Dr Mark Eccleston-Turner, Lecturer in Law at Keele University
    The WHO response to Ebola in the DRC: a critical analysis of the legal application of the International Health Regulations

  • Dr. Alexandra Phelan, is on faculty at the Center for Global Health Science and Security at Georgetown University School of Medicine and Adjunct Professor at Georgetown University Law Center
    Human Rights under the International Health Regulations in an era of nationalism: laws in Australia and the United States

  • Dr. Sara Davies, Associate Professor in International Relations at the School of Government and International Relations,Griffith University
    The Politics of Implementing the International Health Regulations

CPD points = 1.5


Economic and Social Rights in the Philippines: The Trouble with Transformative Constitutionalism   View Summary
20 June 2019

PLEASE NOTE THAT THIS EVENT HAS BEEN CANCELLED

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Economic and Social Rights in the Philippines: The Trouble with Transformative Constitutionalism

Speaker: Associate Professor Surabhi Chopra, Chinese University of Hong Kong


This paper examines how the Supreme Court of the Philippines interpreted and enforced economic and social constitutional rights in the years following the People Power revolution.

The fall of Marcos and restoration of democracy in the Philippines was marked by the promulgation of a new national constitution in 1987. While the 1987 Constitution is often criticized for a lack of ambition, it emphasizes social justice and obligates the State to tackle poverty. It brings questions of material deprivation and basic needs into the province of constitutionalism and constitutional law. In this respect, it echoes some other, more-celebrated young constitutional texts, such as the South African or Indonesian constitutions.

I consider whether and how the Philippines Supreme Court took the transformative mission of the 1987 Constitution into account during adjudication. The Philippines Supreme Court has only very occasionally attempted to enforce economic and social rights, and often doubted its own jurisdiction and capacity to do so. In discussing the Philippines experience, I highlight some of the dilemmas that a transformative constitutionalist project can create for apex courts.


About the speaker:

Surabhi Chopra is an Associate Professor at the Faculty of Law, Chinese University of Hong Kong.

She focuses on social and economic rights, national security laws, and sectarian violence. Her work centres on India with comparisons to other Asian countries. She examines how the law defines rights, how governments implement them and how courts respond when they are violated.

Prof. Chopra was called to the Bar at Lincoln's Inn in 2006 and completed pupillage with Tooks Chambers, London. Her experience includes work with, inter alia, the International Development Research Centre (Government of Canada), Human Rights Watch, ActionAid, UNICEF, the National Commission for the Protection of Child Rights (Government of India) and the Indian Ministry of Finance. She continues to consult and work pro bono for governments, multilateral organisations and NGOs.'

Prof. Chopra's research draws heavily upon her litigation and policy experience. She led a project using India's right to information law to extract a unique set of records on some of the country's worst episodes of mass sectarian violence. The resulting insights are presented in On Their Watch: Mass Violence and State Apathy in India (Chopra & Jha eds. 2014). She has published articles in Law and Social Inquiry, Asian Journal of Law and Society, the Boston University International Law Journal, and the Indiana Journal of Global Legal Studies, among others.


CPD Points: 1

 

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Book Launch: Born at the Right Time. A memoir by Professor Ron McCallum   View Summary
25 June 2019

Registration

Registration is closed as we are now at capacity. To join a waitlist, please email: law.events@sydney.edu.au

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'A moving book on the life of a brilliant man who often "saw" the needs of our world more clearly than the sighted people around him.' - The Hon Michael Kirby AC CMG Past Justice of the High Court of Australia


You are invited to celebrate the book launch of Born at the Right Time, a memoir by Professor Ron McCallum, proudly hosted by The University of Sydney Law School and supported by Ability First Australia.


Special guest The Honourable Margaret Beazley AO QC, Governor of New South Wales and Sydney Law School alumna, will officially launch the book.

About the book
Ron McCallum has been blind from birth. When he was a child, many blind people spent their lives making baskets in sheltered workshops, but Ron's mother had other ideas for her son. She insisted on treating him as normally as possible.

In this endearing memoir, Ron recounts his social awkwardness and physical mishaps, and shares his early fears that he might never manage to have a proper career, find love or become a parent. He has achieved all this and more, becoming a professor of law at a prestigious university, and chairing a committee at the United Nations.Ron's glass is always half full. He has taken advantage of every new assistive technology and is in awe of what is now available to allow him and other blind people to realise their potential.

Further information on Born at the Right Time is available here.The book will be available for purchase on the evening.


Register here to confirm your attendance

About the author
Ron McCallum AO is Emeritus Professor of Law at the University of Sydney, the first totally blind person to be appointed to a full professorship at any university in Australia. He has been chair of the United Nations Committee on the Rights of Persons with Disabilities in Geneva, has received a Centenary Medal for his work, and was the 2011 Senior Australian of the Year.

Accessibility
Sydney Law School is wheelchair accessible. Casual parking is available under the New Law Building, accessible via Barff Rd (off City Rd or Parramatta Rd) - after 3pm at $4 per hour. Please use Lifts 1 -2, located centrally in the carpark. Please notify us of any accessibility requirements you may have so that we can assist you appropriately by calling 9351 0248.


This event is proudly supported byThe University of Sydney Law School and Ability First Australia

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JSI Seminar Series: The Idea of Small Justice   View Summary
27 June 2019

Registration

Register
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The Idea of Small Justice


Speaker: Professor Jonathan Crowe, Bond University

Talk about social or distributive justice, at least among legal and political philosophers, tends to focus heavily on institutions. This way of thinking about justice owes a great deal to John Rawls. Rawls's theory of justice was famously criticised by Robert Nozick who, in turn, attracted an influential critique from G A Cohen. The story of these critiques is well known, but Professor Crowe will tell it in an unfamiliar way, drawing out a lesson that perhaps none of its protagonists would recognise. The moral of the story, as Professor Crowe tells it, is not that Rawls was right or wrong about the features of just social institutions, but rather that by focusing on institutions he thought about justice in an incomplete and unstable manner. The common theme in Nozick's and Cohen's arguments, Crowe contends, is that there is a way of thinking about social justice that focuses not on institutions, but rather on interpersonal relationships. He calls this idea small justice. Small justice might appear, at first, not to be a conception of justice at all. He will suggest that it is, albeit of an unfamiliar—which is to say, a radically non-Rawlsian—kind.


About the speaker

Jonathan Crowe is Professor of Law at Bond University. He is the author or editor of seven books and more than eighty book chapters and journal articles, primarily on legal philosophy, ethical theory and public law. His most recent book, Natural Law and the Nature of Law, was published earlier this year by Cambridge University Press. He is a former President of both the Australasian Society of Legal Philosophy and the Australian Dispute Resolution Research Network.


CPD Points: 1.5

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July
FOOD GOVERNANCE CONFERENCE 2019   View Summary
3 July 2019 to 5 July 2019

REGISTRATION

CONFERENCE:Register for conference

DRINKS & CANAPES:Register for conference drinks & canapes

Please note: There are separate registrations for conference attendance and drinks & canapes.

Please note: Online registrations must be paid by Mastercard or VISA (AMEX not accepted). For alternative payment methods, please contact law.events@sydney.edu.au.


RELEVANT LINKS

Food Governance Conference Page

View the conference program (PDF as at 24 June 2019)

View the conference abstract booklet

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Sydney Law School, the University of Sydney's Charles Perkins Centre, and The George Institute for Global Health will host the second Food Governance Conference in 2019.


Opening public oration: Hilal Elver, UN Rapporteur on the Right to Food.

More information and register for the public oration only


Keynote speakers on main days of the conference:

Professor Sharon Friel, The Australian National University

Juan Rivera, National Institute of Public Health of Mexico


Everybody eats; it is the key to our survival, but food also has the potential to compromise health. The global food system is challenged by issues of drought, climate change, trade, malnutrition, and exploited workers. Population growth and the forces of marketization have further compromised the ability of the food system to deliver safe, nutritious and sustainable food to the world's population.


In conjunction with the University of Sydney's Charles Perkins Centre, The George Institute for Global Health and Sydney Law School will be hosting the second Food Governance Conference from 3 - 5 of July 2019. The Food Governance Conference will explore how law, policy, and regulation address food system challenges or contribute to them at local, national, regional, and global levels. This includes issues such as food security, food safety, food sustainability, equity and social justice in global food systems, and nutrition: under/malnutrition, obesity, and noncommunicable disease.


While food-specific law and regulation will be a key focus of the Food Governance Conference, it will consider how broader legislative and policy regimes impede or facilitate access to a nutritious, equitable, and sustainable food supply, including economic, trade, and intellectual property regimes.


The conference takes a broad, interdisciplinary approach, in the hope of highlighting the interrelationships between the main challenges facing the global food system in the 21st century, and to create new opportunities for collaboration between researchers, policymakers and practitioners in the related fields of food safety, security, and sustainability, and diet-related health.

 

Head to the Food Governance Conference page for full information


VIEW THE OFFICIAL PROGRAM (PDF as at 24 June 2019)

View the Conference abstract booklet

 

KEY CONFERENCE DATES 2019

Closed workshops: Wednesday 3 July, 2019


OPENING PUBLIC ORATION: 6-7.30pm, Wednesday 3 July, 2019

Register for the opening public oration only


MAIN DAYS OF THE CONFERENCE: Thursday 4 July - Friday 5 July, 2019

 

REGISTRATION FEES (inc. GST):

Early bird full fee: $160 (now closed)

Full fee: $200 (from 4 May 2019)

Sydney Law School alumni/students: $120

Day rates: $100 per day


CONFERENCE DRINKS & CANAPES (inc. GST): $45 (includes canapes and drinks from 6-8pm)
There will be conference drinks & canapes on Thursday 4 July held at The George Institute for Global Health from 5.30-8.30pm.

Please note: There is a separate registration for the conference and the drinks & canapes.

Time of drinks & canapes: Thursday 4 July, 5.30-8.30pm
Location of drinks & canapes:The George Institute for Global Health, 1 King Street, Newtown(please arrive by 5.25pm and wait on the ground floor for all attendees to be escorted to level 5 at 5.30pm promptly)

Register for the conference drinks and canapes

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Indigenous Legal Research Workshop    View Summary
8 July 2019 to 9 July 2019

Call for applications

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Indigenous Legal Research Workshop

Sydney Law School invites applications for participation in a workshop for Higher Degree Research students and Early Career Researchers. We welcome applications from Aboriginal or Torres Strait Islander scholars researching in all legal areas. We also welcome applications from non-Indigenous scholars working in the broad field of Australian Aboriginal and Torres Strait Islander peoples and the law, including inter-disciplinary research.

The focus of this workshop is on research presentation, developing networking opportunities and mentoring from experienced academics in developing research and an academic career in legal scholarship. Over two days, participants will present their research followed by discussion and feedback from peers and more senior academics who will be attending in a mentoring role. In addition, participants will be exposed to a variety of speakers who will share their research experiences. Numbers will be limited to facilitate participants getting to know one another and to maintain an atmosphere of collegiality in sharing insights and challenges in research and academic experience. This will be the third time we have held this workshop and feedback from past participants was overwhelmingly positive.


In addition to participant presentations, there will be two mentoring sessions:

- Forging a career in academia: This session is an opportunity to obtain answers to those questions you have about how to carve out a career in academia. From the outside, the academy can often seem enigmatic. What are the traditional and alternative pathways into academia? What are the unwritten rules and politics surrounding obtaining an academic position? The aim of this session is to help participants think strategically about their career and the value of diverse perspectives and experiences to academic work in enhancing career progression.

- Ethical research: This session is about the ethical and political issues surrounding research with Aboriginal and Torres Strait Islander peoples and issues. What do the ethical research guidelines mean in practice? Why is ethical research imperative? What are the gaps between the ethical research guidelines and ethical obligations to people and communities? What are the best ways to handle these situations? This is an opportunity to discuss ethical issues that you may have faced and to learn from others in the field.

 

Gilbert + Tobin has generously agreed to fund the workshop and funding is available to assist participant's travel and accommodation.


Call for Applications

To apply to participate in this workshop, please submit the following information via our online application form by Monday 17 May 2019:

- A brief statement explaining your ongoing research project and the question your research addresses (about one page)

- A brief CV.


Call for applications online form


Successful applicants will be notified by Monday 20 May 2019.

The workshop will be held at the University of Sydney Law School.


If you'd like other information, please do not hesitate to contact louise.boon-kuo@sydney.edu.au, yane.svetiev@sydney.edu.au, or madeline.taylor@sydney.edu.au.

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The UNCITRAL Model Law on Cross-Border Insolvency: neither a law nor much of a model   View Summary
9 July 2019

Registration


REGISTER
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The UNCITRAL Model Law on Cross-Border Insolvency: neither a law nor much of a model

Speaker: Professor Martin Davies, Tulane University Law School (New Orleans)


One predictable consequence of the US-China Trade War is the increase of cross-border insolvency proceedings in Asia Pacific. In this context, the Sydney Law School Centre for Asian and Pacific Law arranges this talk on the interplay between insolvency and private international law. It focuses on the UNCITRAL Model Law on Cross-Border Insolvency. The Australian experience in applying the Cross-Border Insolvency Act 2008 (Cth) has shown that there are grave unanticipated difficulties in the legislative scheme proposed by the Model Law. Australia happily adopted the text as is, but perhaps it should not have done so. The talk will also extensively look at the way the Model Law has been implemented in Singapore, Japan, Korea and the Philippines.


About the speaker

Martin Davies is Admiralty Law Institute Professor of Maritime Law at Tulane University Law School in New Orleans and Director of the Tulane Maritime Law Center.

He holds the degrees of M.A. and B.C.L. from Oxford University, England, and an LL.M. from Harvard Law School. Before joining Tulane, he was Harrison Moore Professor of Law at The University of Melbourne in Australia and before that he taught at Monash University, The University of Western Australia and Nottingham University. He has also been a visiting professor at universities in China, Italy, Azerbaijan and Singapore. He has received several teaching awards, and in 2017, the editors of the law report series American Maritime Cases dedicated the 2016 bound volumes to him.

He is author (or co-author) of books on maritime law, international trade law, conflict of laws, and the law of torts. He has also published many journal articles on these topics. He has extensive practical experience as a consultant for over 30 years on maritime matters and general international litigation and arbitration, in Australia, Hong Kong, Singapore, and the USA.


Moderator: Associate Professor Jie (Jeanne) Huang, Sydney Law School


Registration: Complimentary, however essential.

CPD Points: 1


This event is hosted by the Centre for Asian and Pacific Law (CAPLUS) at The University of Sydney Law School.

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Book Launch: Sir Owen Dixon's Legacy   View Summary
16 July 2019

Registration

Register
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BOOK LAUNCH: Sir Owen Dixon's Legacy


Authors:
Dr John Eldridge, Sydney Law School

Tim Pilkington, Associate Lecturer, Sydney Law School


Key address: Bret Walker SC


Sir Owen Dixon is the most renowned jurist Australia has ever produced. His lasting significance stems not only from a mastery of the technique of the common law, but from his involvement in many of the most important decisions in Australia's legal history. During the course of his long tenure on the High Court of Australia, Dixon oversaw the development of virtually every branch of the law. This volume contributes to the understanding of Dixon's jurisprudence, his judicial method and present-day significance. It ranges widely over the various branches of the law which were enriched by his contributions. The contributors include leading scholars and jurists from across Australia.


About the authors

Dr John Eldridge is a Lecturer at Sydney Law School. His research is principally concerned with the law of obligations. His research has been published in leading journals in Australia and abroad. He is a graduate of the University of Adelaide and the University of Cambridge.


Tim Pilkington is an Associate Lecturer at Sydney Law School. His research is principally concerned with the law of obligations and the philosophy of law. He is a graduate of the University of Auckland and the University of New South Wales.


Information about the book


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Australasian Society of Legal Philosophy annual conference   View Summary
18 July 2019 to 19 July 2019

Registration

Click hereto register for the conference

Please note: Online registrations must be paid by Mastercard or VISA (AMEX not accepted). For alternative payment methods, please contact law.events@sydney.edu.au.
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Australasian Society of Legal Philosophy annual conference

The annual conference of the Australasian Society of Legal Philosophy will be hosted by the Julius Stone Institute of Jurisprudence at the University of Sydney on 18-19 July 2019.

Keynotes will be delivered by Professor Connie Rosati (University of Arizona) and Professor Ngaire Naffine (University of Adelaide).

The annual book symposium will focus on Natural Law and the Nature of Law by Professor Jonathan Crowe (Bond University), which has just been published by Cambridge University Press. Commentary will be provided by Professor Margaret Davies (Flinders University), Dr Matthew Lister (Deakin University) and Dr Joshua Neoh (Australian National University).

Postgraduate Workshop
A Postgraduate Workshop for PhD students will be held before the conference. The workshop provides PhD students with the opportunity to receive feedback on works-in-progress on any topic in legal theory in a supportive and collaborative environment.


Program

Click here for a copy of the program

Registration Fees
ASLP Member: $275
Non-Member: $370 (includes 2019 ASLP membership)
ASLP Student Member: $125
Student Non-Member: $170 (includes 2019 ASLP membership)
Conference Dinner Ticket: $80

Sydney Law School Staff and Students will need to register by emailing: law.events@sydney.edu.au

Accommodation
There are a range of accommodation options near the University of Sydney campus.
Download a list of accomodation options (pdf, 207.7kB)

More information about the Australasian Society of Legal Philosophy and the conference

Social Justice Series: Using the law as a tool for social and climate justice    View Summary
24 July 2019



Registration

Click here to register.

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Sydney Law School Social Justice Series: Using the law as a tool for social and climate justice


About the talk

The law is most often associated with maintaining the status quo. But it can also be a tool for positive social change. In this lecture, Jen Robinson will give a global and comparative perspective on strategic human rights litigation, using case studies from her own practice and what she has observed of successful cases and campaigns around the world to provoke a discussion and debate about what more could be possible - both abroad and at home in Australia.


About the speaker

Jen has a particular focus on free speech and civil liberties, advising media organisations, journalists and activists. Her recent cases include defending Julian Assange and WikiLeaks, acting for the BBC World Service in UN engagement over the persecution of BBC journalists by Iran, acting for Vanuatu in the Chagos Islands case before the ICJ, successfully challenging a sweeping anti-protest injunction obtained by a major multinational corporation and having the UK government's fracking policy declared unlawful on the grounds the government failed to consider scientific developments in climate change.

She is passionate about using the law as a tool for social justice and to build power in movements for positive change - and to inspire more young lawyers into this work. To that end, Jen created a global human rights program - the Bertha Justice Initiative - which has invested millions in strategic litigation and education for the next generation of movement lawyers in 17 different countries. She is a founding board member of the Grata Fund, Australia's first independent, crowd-sourced public interest litigation fund and sits on the boards of the Bureau for Investigative Journalism, the European Center for Constitutional and Human Rights and the Bonavero Institute for Human Rights at Oxford University, where she was a Rhodes scholar.

She has also taught law at the University of Sydney.

Jen Robinson will also speak at the Children, Migration and the Right to Health conference, which is being held at Sydney Law School on Thursday 25 July - Friday 26 July.


Location
Sydney Law School, New Law Building F10A,

Lecture Theatre 101, Level 1, Eastern Ave, Camperdown,
University of Sydney


Social Justice Series

This is a free public seminar series from Sydney Law School that focuses on social justice and the law. The next talk on Law and social movements will be delivered by Professor Scott Cummings (UCLA Law) on 14 August.


CPD points = 1

Conference: Children, Migration and the Right to Health   View Summary
25 July 2019 to 26 July 2019

Registration

Registration is now closed.
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About the conference:

Thursday 25 July - Friday 26 July

This two-day conference titled: 'Children, Migration and the Right to Health' will bring together leading academics and organisations working with child migrants, including the Australian Human Rights Commission, the Refugee Advice and Casework Service, UNHCR and other interested parties. Building on research and experience of the participants, the conference aims to:

  1. Facilitate exchange of information on work being done at the country, regional and global level to assist children on the move;
  2. Establish practical strategies for giving content to notions of Best Interests for migrant children in various contexts of displacement;
  3. Workshop guidelines to assist professionals responsible for managing and assisting children on the move; and
  4. Encourage the development of national curriculum to cross-train physicians, social workers, advocates on preparing for and participating in Best Interest Determinations

Migrant Children in situations of displacement face a heightened risk of discrimination, disadvantage, exclusion and even physical and psychological abuse. This risk may be further exacerbated by other factors such as age, gender and disability, as well as socio-economic and citizenship status. Even where resources are available to support displaced groups and/or those with disabilities, migrant children are more likely to be isolated and excluded and thus deprived of important services and facilities aimed at ensuring provision of their basic rights. Where a child has a disability, the disadvantages and risks can be compounded. Australia's experience with children presenting as irregular maritime arrivals is one facet of a global phenomenon, with unprecedented numbers of children on the move.

While the development of and support for human rights law in this area has been a positive step towards improving the situation, recent years have seen dramatic failures in policy and practice in countries seen traditionally as leaders in this field. In this context, the need to re-examine procedures, share knowledge and resources, and devise practical strategies has never been more important - to support and empower those children most at risk of falling through the cracks.

Key speakers
The conference will feature Australia's Commissioner for Human Rights, Mr Edward Santow; UNHCR Representative for Australia and the Pacific, Ms Louise Aubin; acclaimed human rights lawyer Ms Jennifer Robinson and other leading national and international experts on children, migration and human rights. The conference will draw on contributors to the Protecting Migrant Children: In Search of Best Practice (Elgar Publishing, 2018)


Program
Click here for a copy of the program


Registration
Two day conference registration is complimentary, however registration is essential.


Dinner
Day 1:Conference dinner (ticket $110):
Thursday 25 July, 7-9.30pm

Forum Restaurant
Level 1 (street level)- F23 Administration Building,
Corner of City Road and Eastern Avenue, Camperdown
Dinner includes: 3 x course meal and drinks/alcohol package

If you would like to attend the dinner, click here for payment
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Supporters:This conference is a Research Conference initiative of The University of Sydney Law School; the Australian Human Rights Commission (AHRC); Macquarie Law School; the Refugee Advice and Casework Service (RACS); Sydney Asia Pacific Migration Centre and theNational Justice Project.

Sponsors:

B B & A Miller Fund;Penny Gerstle, The Hand Up Foundation;Andrew and Renata Kaldor; Ability First, the Sydney Asia Pacific Migration Centre, Faculty of Arts and Social Science and Konica Minolta


Sponsorship enquiries: please contact Professor Mary Crock:
T +61 2 9351 0289 | F+61 2 9351 0200 or E mary.crock@sydney.edu.au

JSI Seminar Series: On why the rule of law is like stalagmites and stalactites   View Summary
25 July 2019

Registration

Register
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On why the rule of law is like stalagmites and stalactites: second-order differences in conceptions of the rule of law


Speaker: Paul Burgess, UCL

The rule of law is one of the most important and most highly contested political/legal concepts. Paul Burgess considers five frequently cited conceptions of the rule of law—those provided by Aristotle, Locke, Dicey, Fuller, and the U.N.—and differentiates the conceptions based on their second-order characteristics: on what they are about. He does this by considering the conceptions' ability to be seen as reflecting a spontaneous order. By illustrating the importance of these differences, he argues that conceptions with different second-order characteristics should not, as is the popular practice, be drawn together to collectively represent the concept of the rule of law. By going beyond the conceptions'—first-order—differences that are frequently cited as being in contest, Dr Burgess argues that differentiating conceptions based on second-order differences brings additional—much needed—clarity to the concept of the rule of law.


About the speaker

Paul Burgess is currently employed at UCL where he teaches public law, human rights, and constitutional theory. Wherever possible he relates his teaching—and, annoyingly, any conversation in which he is involved—to his core research area: the rule of law. After being bitten by the rule of law bug during his LLM, he has talked and thought about little else. This mild obsession continued through his PhD that was focused on Hobbes's and Locke's conceptions of the rule of law and the relative change in their conceptions across time. It is now maintained through his work exploring the difference between conceptions that are frequently taken to represent the core of the concept of the rule of law.

Paul's research is interdisciplinary. This means that in thinking about legal theory he frequently 'borrows' ideas from a wide variety of areas. The areas from which he has recently been borrowing include public law, political philosophy, economics, and intellectual history. His broad ranging interests have recently resulted in different works that could best be categorized as relating to artificial intelligence, aspects of international law, constitutional theory, and legal history.

Links to Paul's publications are available at: tinyurl.com/y72ul3q6. Paul can also be found on twitter: @paulburgo



CPD Points: 1.5

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

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August
BOOK LAUNCH: Prosecuting Sexual and Gender-Based Crimes at the International Criminal Court   View Summary
1 August 2019

Registration

Register
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BOOK LAUNCH: Prosecuting Sexual and Gender-Based Crimes at the International Criminal Court: Practice, Progress and Potential (Cambridge University Press, 2019)


Author: Dr Rosemary Grey, University of Sydney Postdoctoral Fellow, Sydney Law School and Sydney Southeast Asia Centre

Professor Louise Chappell, Director of the Australian Human Rights Institute will launch the book.


This book analyses the International Criminal Court's practice in prosecuting gender-based crimes up until the Court's 20th anniversary in mid-2018. Based on a detailed examination of court records and original interviews with Court staff, the book covers current issues including wartime sexual violence against men and boys, persecution on the grounds of gender and sexual orientation, and sexual violence against child soldiers.


About the author

Rosemary's research focuses on gender & international criminal law, particularly the prosecution of gender-based crimes in the International Criminal Court (ICC) and Extraordinary Chambers in the Courts of Cambodia (ECCC). She has consulted and interned for key organisations in the international criminal justice field, including Amnesty International, Women's Initiatives for Gender Justice, the International Bar Association, and the ICC.

Before joining Sydney Law School in 2018, she completed a postdoctoral fellowship at the University of Melbourne, where she co-taught the International Criminal Justice Clinic, an initiative of Melbourne Law School and Amnesty International. She also spent time as a visiting scholar at the Grotius Centre for International Legal Studies (University of Leiden) and PluriCourts (University of Oslo).

Her PhD, titled Prosecuting sexual and gender violence crimes in the International Criminal Court was completed at the University of New South Wales in 2015. She uses feminist methods in international law, doctrinal analysis, and interviews.


Information about the book


This book launch is sponsored by Sydney Law School and the Sydney Southeast Asia Centre.

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2019 ACCEL Distinguished Speakers' Address: Power Blackouts and Climate Justice   View Summary
7 August 2019

Registration

Register
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2019 Australian Centre for Climate and Environmental Law Distinguished Speakers' Address:

Power Blackouts and Climate Justice: what are the solutions?


When electricity infrastructure is lashed by tornadoes, swamped by rains or exposed to bushfires, there's at least one predictable moment in the chaos: the lights go out. The widespread loss of electricity — essentially a disaster within a disaster — can force a whole region to its knees. In many countries around the world extreme weather events since 2006 have left millions of people without power. Hospitals, schools and businesses have shut down, families have steamed in impossible heat or frozen in the cold, emergency services have been paralysed and the batteries in millions of Androids and iPhones have died. Repairing the grid can take months. The ageing power grids in many countries leave us more susceptible to risks like these. And the growing intensity of floods and storms on account of climate change make things even worse. This event will discuss cases like Hurricanes Katrina, Sandy, Harvey and Irma, as well as the Queensland floods and Victorian bushfires, to show that the power sector in all parts of the world needs to become smarter and more resilient, even as it struggles to cut carbon emissions. But finding the way forward is difficult. For the most part, electricity networks were never designed to be nimble and spry. Instead, they were meant to be static and stable. But with wise investment and proper planning, nations can have more of both. To see how, we will briefly describe the basics of power-grid design and show the many ways that disasters related to climate change threaten the distribution and supply of electricity. We will then examine the role of law and policy to green, harden and smarten the grid.


Chair: Professor Rosemary Lyster, Professor of Climate and Environmental Law and Co-Director of the Australian Centre for Climate and Environmental Law, The University of Sydney Law School

Rosemary Lyster is the Professor of Climate and Environmental Law at the University of Sydney Law School and a Fellow of the Australian Academy of Law. Rosemary's special areas of research are Energy Law and Climate Justice and Disaster Law. She has published prolifically in this area including two recent books: Rosemary Lyster and Robert M. Verchick (eds.) Climate Disaster Law (Edward Elgar: 2018) and Rosemary Lyster Climate Justice and Disaster Law (Cambridge University Press: 2015). In 2018, Rosemary was selected by the Australian Financial Review as a '100 Women of Influence' in the Public Policy category. In 2015, Rosemary was appointed by the Victorian government to a three-person Independent Review Committee (IRC) to review the state'sClimate Change Act 2010 and make recommendations to place Victoria as a leader on climate change. The government accepted 32 of the 33 recommendations and enacted the Climate Change Act 2017 (Vic).


Speakers:

Professor Daniel Farber
Title of presentation: 'Heat, Drought, and Fire: Climate Threats to the Grid'

Dan Farber is the Sho Sato Professor of Law and the Faculty Director of the Center for Law, Energy, and the Environment at the University of California, Berkeley. Professor Farber serves on the editorial board of Foundation Press and is a member of the American Academy of Arts and Sciences and a Life Member of the American Law Institute. After graduation from the University of Illinois law school, Professor Farber was a law clerk for Judge Philip W. Tone on the Seventh Circuit and then for Justice John Paul Stevens on the Supreme Court. Professor Farber practiced law with Sidley & Austin before returning to the University of Illinois as a faculty member in 1978. From 1981 to 2002, he taught at the University of Minnesota Law faculty, where he was the McKnight Presidential Professor of Public Law. He also has been a Visiting Professor at the Stanford Law School, Harvard Law School, and the University of Chicago Law School. His nineteen books include leading casebooks on constitutional law and environmental law.


Professor Robert M. Verchick
Title: 'Lights Out: Energy, Resilience, and Fairness'

Robert R.M. Verchick is one of America's leading scholars in disaster law and the law of climate change adaptation. He holds the Gauthier-St. Martin Endowed Chair in Environmental Law at Loyola University New Orleans. He is also a Senior Fellow in Disaster Resilience at Tulane University and President of the Center for Progressive Reform, a national policy institute focused on public health and environmental protection. In addition, Professor Verchick has taught as a visiting professor at Yale University, Peking University, and Aarhus University in Denmark. In 2009 and 2010, Professor Verchick served in the Obama administration as Deputy Associate Administrator for Policy at the U.S. Environmental Protection Agency. In that role, he helped develop climate adaptation policy for the EPA and served on President Obama's Interagency Climate Change Adaptation Task Force. In the fall of 2012, he researched climate adaptation policies in India as a Visiting Scholar at the Centre for Policy Research in New Delhi, supported by a Fulbright Award. Professor Verchick is an author of four books, including the award-winning, Facing Catastrophe: Environmental Action for a Post-Katrina World (Harvard University Press 2010). He holds an A.B. degree from Stanford University and a J.D. degree from Harvard University.


Note: Professors Lyster, Farber and Verchick and Associate Professor Gregor Verbic (power systems engineer, The University of Sydney) have been awarded an Australian Research Council Discovery Project grant (2019-2021) entitled A legal framework for resilient electricity infrastructure in Australia.


CPD Points: 1.5


The Australian Centre for Climate and Environmental Law (ACCEL) is affiliated to the Sydney Environment Institute, The University of Sydney.

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Proportionality in Europe and Australia   View Summary
8 August 2019

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Proportionality in Europe and Australia


Speakers:
Professor Diana-Urania Galetta, University of Milan Law Faculty

Dr Shipra Chordia, New Chambers



Proportionality is a legal principle that requires balancing between competing values. Its origin is in German 19th century administrative law, where it was meant as a tool to protect the individual interests from the unnecessary and arbitrary intrusions of the state into the private sphere and it was the ultimate source of legality of any administrative and legislative action. The European Union has placed a consistent focus on the proportionality test in the context of policy issues. Depending on the area where it is applied, the principle serves different functions. In the EU Member States' Legal doctrine, proportionality has become a standard feature of constitutional analysis too. Professor Galetta will address proportionality in Europe. Shipra Chordia will discuss Australian applications of proportionality, and consider whether criticisms of such applications are justified in the Australian constitutional context.


About the speakers

Professor Galetta is Professor of Administrative Law at the Law Faculty of the Università degli Studi di Milano.

Dr Chordia is a barrister at the NSW Bar.


Chair: Professor Margaret Allars SC, Sydney Law School and Eleven Wentworth


CPD Points: 1


This seminar is co-hosted with the Australian Association of Constitutional Law.

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Julius Stone Address 2019: Punishment and Precious Emotions   View Summary
13 August 2019

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Julius Stone Address 2019:

Punishment and Precious Emotions: A Defence of a Hope Standard for Punishment

Speaker: Professor Kimberlee Brownlee, University of Warwick


Each year, hundreds of people living in high-income countries take their own lives while they are in prison. Thousands of people engage in self-harm or they abuse other prisoners. Such behaviours often correlate with mental health problems. But, they are also often pleas for help and hope. This lecture considers what role the precious emotion of hope should play in our practices of lawful punishment. It argues that one standard that a mode of punishment must meet to be legitimate and morally justifiable is that it be compatible with a reasonable person retaining hope for her future after punishment.


About the speaker

Kimberley Brownlee is a Professor of Philosophy at the University of Warwick. Her areas of expertise lie within moral, political, and legal philosophy. She has a BA in Philosophy with First-Class Honours from McGill University, an MPhil in Philosophy from the University of Cambridge, and a DPhil in Philosophy from the University of Oxford, where she was a Rhodes Scholar. Before joining the University of Warwick in 2012, she was a Senior Lecturer in Moral and Political Philosophy at the University of Manchester. She has been a Fulbright Visiting Research Chair in the Philosophy Department at Vanderbilt University (2008); an HLA Hart Visiting Research Fellow at University College, Oxford (2009); a CEPPA Visiting Research Fellow in the Philosophy Department at St Andrews University (2009); a Visiting Scholar in the UCLA Law School (2012); a Warwick-Monash Visiting Fellow at Monash University (2015), and a Visiting Lecturer at Duke University (2016). She has received an AHRC Networks and Workshops Grant (2008), an AHRC Research Leave Award (2009), a Philip Leverhulme Prize (2012), an Independent Social Research Foundation fellowship (2014), and a Leverhulme Trust Research Project Grant (2017).

Professor Brownlee has been a member of the Executive Committee of the Aristotelian Society (2014-2017) and a member of the Executive Committee of the British Philosophical Association (2012-2016). She is a member of the Editorial Board of Law and Philosophy and the Editorial Board of Criminal Law and Philosophy. From 2010-2012, she was a member of the Review Board for the International Encyclopedia of Ethics, published by Wiley (2013).

Professor Brownlee is the author of Conscience and Conviction: The Case for Civil Disobedience, published by Oxford University Press (2012). She is also the co-editor of the Blackwell Companion to Applied Philosophy (Wiley 2016), and co-editor of Disability and Disadvantage, published by Oxford University Press (2009). Her articles have appeared in Philosophical Quarterly, Philosophical Studies, Ethics, Law and Philosophy, Utilitas, Oxford Journal of Legal Studies, Journal of Applied Philosophy, Criminal Law and Philosophy, and Res Publica. She is the author of the Stanford Encyclopedia of Philosophy entry on civil disobedience.

Her current work focuses on the ethics and politics of sociability, including social human rights, loneliness, and freedom of association. Her recent work focused on conscientious conviction, civil disobedience, and punishment.


CPD Points: 1.5


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

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Social Justice Series: Law and Social Movements   View Summary
14 August 2019

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Social Justice Series: Law and Social Movements


Speaker: Professor Scott Cummings, UCLA


The question of whether lawyers help or hurt social movements has been hotly debated for nearly half a century. In the United States, the dominant view has long been that overinvestment in legal tactics undercut sustainable grassroots activism in the civil rights period. Over the last decade, that view has come in for reconsideration, powered by the emergence of new left-wing social movements and the legal response to American right-wing populism.

Drawing upon lessons from these contemporary movements, Professor Cummings explores the possibilities and pitfalls of combining legal and political mobilization, suggesting implications for legal education and social justice practice.


About the speaker

Scott Cummings is Robert Henigson Professor of Legal Ethics and Professor of Law at UCLA School of Law, where he teaches and writes about the legal profession, public interest law, law and social movements, and community economic development. He is the faculty director of Legal Ethics and the Profession (LEAP), a program promoting research and programming on the challenges facing the contemporary legal profession. He is also a long-time member of the UCLA David J. Epstein Program in Public Interest Law and Policy, a specialization training students to become public interest lawyers.

Professor Cummings's research is focused on economic development, law and social movements, and the legal profession. His most recent book, Blue and Green: The Drive for Justice at America's Port (MIT University Press, 2018), examines the role of lawyers in a campaign by the labor and environmental movements to transform the trucking industry at the port of Los Angeles. An Equal Place: Lawyers in the Struggle for Los Angeles, a sweeping study of how lawyers have helped to challenge inequality in one of America's most unequal cities, is scheduled for publication by Oxford University Press in 2019.

Professor Cummings is also the co-author of the first public interest law textbook, Public Interest Lawyering: A Contemporary Perspective (with Alan Chen) (Wolters Kluwer, 2012), and co-editor of a leading legal profession casebook, Legal Ethics (with Deborah Rhode, David Luban, and Nora Engstrom) (7th ed. Foundation Press, 2016). He also edited The Paradox of Professionalism: Lawyers and the Possibility of Justice (Cambridge University Press, 2011). Professor Cummings is currently co-Principal Investigator of a National Science Foundation funded study (with Richard Abel and Catherine Albiston), which examines the factors causing law students to enter and persevere in public interest careers. His key articles include: "The Social Movement Turn in Law," Law & Social Inquiry (2018); "The Puzzle of Social Movements in American Legal Theory," 64 UCLA Law Review 1554 (2017); "Preemptive Strike: Law in the Campaign for Clean Trucks," 4 UC Irvine Law Review 939 (2014); "Privatizing Public Interest Law," 25 Georgetown Journal of Legal Ethics 1 (2012); "The Internationalization of Public Interest Law," 57 Duke Law Journal 891 (2008); "The Politics of Pro Bono," 52 UCLA Law Review 1 (2004); and "Community Economic Development as Progressive Politics: Toward a Grassroots Movement for Economic Justice," 54 Stanford Law Review 399 (2001).

Before joining the UCLA faculty in 2002, Professor Cummings clerked for Judge A. Wallace Tashima on the Ninth Circuit, and James Moran on the district court in Chicago. He began his legal career in Los Angeles building economic opportunity in low-income communities. In 1998, after clerking in Chicago, he was awarded a Skadden Fellowship to work in the Community Development Project at Public Counsel in Los Angeles, where he provided transactional legal assistance to nonprofit organizations and small businesses engaged in community revitalization efforts.


CPD Points: 1

This is a free public lecture series from Sydney Law School that focuses on social justice and the law.


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Kennedy Exceptionalism, the Vietnam War, and the Limits of Counterfactual History   View Summary
15 August 2019

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Kennedy Exceptionalism, the Vietnam War, and the Limits of Counterfactual History

Speaker: Associate Professor Kevin Jon Heller, University of Amsterdam and Australian National University


If John F. Kennedy had not been assassinated on November 22, 1963, would the US have committed ground troops to Vietnam - a decision that led to what is widely recognized as the worst debacle in American military history? This counterfactual what-if, often referred to as "Kennedy exceptionalism," has obsessed historians for two generations. I will argue in this presentation that historians who believe JFK would not have Americanized the war even if it meant "losing" South Vietnam are correct - but that the Kennedy exceptionalism counterfactual is one of the very few historical what-if questions that admit of a relatively clear and useful answer.


About the speaker

Kevin Jon Heller is Associate Professor of Public International Law at the University of Amsterdam and Professor of Law at the Australian National University. He is an academic member of Doughty Street Chambers in London and a member of the Advisory Board of the Bar Human Rights Committee of England and Wales.

Kevin's books include The Nuremberg Military Tribunals and the Origins of International Criminal Law (Oxford University Press, 2011), The Hidden Histories of War Crimes Trials (Oxford University Press, 2013) (edited with Gerry Simpson), and the Handbook of Comparative Criminal Law (Stanford University Press, 2009) (with Markus Dubber). He is currently co-editing the Oxford Handbook of International Criminal Law, which will be published by Oxford University Press in late 2019, and co-writing a book with Sam Moyn (Yale) provisionally entitled The Vietnam War and the Transformation of International Law.

Kevin has been involved in the International Criminal Court's negotiations over the crime of aggression, worked as Human Rights Watch's external legal advisor on the trial of Saddam Hussein, served for three years as one of Radovan Karadzic's formally-appointed legal associates at the ICTY, and was the plaintiffs' expert witness in Salim v Mitchell, a successful Alien Tort Statute case against the psychologists who designed and administered the CIA's torture program. He is Editor-in-Chief of the international-law blog Opinio Juris, which is sponsored by the International Commission of Jurists.


CPD Points: 1.5

This event is hosted by the Sydney Centre for International Law (SCIL) at The University of Sydney Law School.


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Colloquium: Intersections in Private Law   View Summary
16 August 2019 to 17 August 2019

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About the Colloquium: Intersections in Private Law

There is much to be explored and discussed in how different fields of private law interact with each other - contract law with tort or equitable principles, tort with un just enrichment, - and with other fields of law, such as public law, property law, the law of succession, company law or regulation.


Within just one field of private law, there are still overlaps and distinctions to be drawn (or, more controversially, eradicated)- for example, in tort law, trespass and nuisance, intentional wrongdoing and negligence, defamation and negligence, non-delegable duties and vicarious liability; non-delegable duties and strict liability; liability for physical damage compared with pure economic loss. In looking at a broader interaction of remedies and obligations, how do causation and remoteness principles operate in different fields? How does vicarious liability interact with corporate law structures and principles? What is the role of private law in an age of increasing public regulation? How do emerging technologies challenge the application of legal concepts in these fields?


The aim of this second biennial colloquium is to explore the boundaries, overlaps and complementary operation of fields of private law, both with each other and externally.


Attendance by Invitation only

Enquiries to Professor Barbara McDonald:
barbara.mcdonald@sydney.edu.au


The event is hosted by the Ross Parsons Centre for Commercial, Corporate and Taxation Law at Sydney Law School.


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

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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.

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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.

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

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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


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

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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..

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

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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


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

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    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


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    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

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    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.

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

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    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.

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

    Registration

    Register
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    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.

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    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.
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    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.

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

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    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.

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    Law & Business Seminar: Misleading Silence as the Basis for Insider Trading Liability   View Summary
    23 September 2019

    Registration

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    Please note that this Law & Business seminar is free to attend, however registration is essential.
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    Misleading Silence as the Basis for Insider Trading Liability under the U.S. Federal Securities Laws

    Speaker: Professor Donna M. Nagy, Indiana University

    Insider trading law in the United States is drawn mainly from a series of U.S. Supreme Court decisions construing a broad anti-fraud rule promulgated by the Securities and Exchange Commission (SEC), the watchdog agency created by the U.S. Congress to administer the federal securities laws. As such, the jurisprudence encompasses literally hundreds of lower federal court decisions over a fifty-year span, with each one struggling to determine whether a trader, or in some instances a "tipper," has engaged in deceptive conduct in connection with a securities transaction. With a view to the common law concept of misleading silence, the presentation contends that U.S. insider trading law would have been much more coherent, as well as far more effective in attaining Congress's and the SEC's policy goals, had the Supreme Court regarded the breach of a fiduciary disclosure duty as a sufficient condition -- rather than a necessary condition -- for insider trading liability under SEC Rule 10b-5. It further contends that while federal courts can still theoretically broaden their application of the common law in insider trading cases, tradition and the sheer passage of time makes the judiciary unwilling to do so. A new federal statute that would prohibit securities trading on the basis of "wrongfully obtained information" is therefore the best way forward.


    About the speaker
    Donna M. Nagy is the C. Ben Dutton Professor of Law at Indiana University Maurer School of Law in Bloomington, Indiana. She teaches and writes in the areas of securities litigation, securities regulation, and corporations, and recently served for six years as the law school's Executive Associate Dean. Her scholarship includes two co-authored books, one on the law of insider trading and a casebook on Securities Litigation and Enforcement. She has published extensively in distinguished law journals on matters including insider trading and fiduciary principles; government officials and financial conflicts of interest; and securities enforcement remedies. She is also a frequent speaker on securities regulation and litigation topics at law schools and professional conferences. Professor Nagy is a member of the American Law Institute and served as a member of the National Adjudicatory Council of the Financial Industry Regulatory Authority (FINRA) and as an appointed member to the ABA Corporate Laws Committee. She began her teaching career in 1994, and prior to that, was an associate with Debevoise & Plimpton in Washington, D.C. She earned her law degree in 1989 from New York University School of Law and her BA in Political Science in 1986 from Vassar College.

    This paper, and Professor Nagy's visit to Australia, forms part of Australian Research Council Discovery Project DP180100932, entitled 'Developing a Rational Law of Misleading Conduct' led by Professors Elise Bant and Jeannie Paterson of Melbourne Law School. The paper will be published with Hart Publishing in 2020, as part of a collection of essays entitled 'Misleading Silence'. Please contact Professors Bant and Paterson for further information regarding this project.


    Commentator: Associate Professor Juliette Overland, The University of Sydney Business School

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

     

     

    CPD Points: 1

     

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

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    Beyond Punishment Seminar Series 2019: Benefits of Community Based Correctional Orders   View Summary
    24 September 2019

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    Beyond Punishment Seminar Series 2019: Sydney Institute of Criminology and Corrective Services NSW


    Benefits of Community Based Correctional Orders

    Community based correctional orders are perhaps not always as well understood as they might be. In this seminar, two highly respected experts discuss the merits of such orders, the role of public opinion and politics in this area, and ways in which the public might be persuaded about the benefits of community correctional initiatives.


    Panellists will include:

    Dr Don Weatherburn was for 31 years the Executive Director of the NSW Bureau of Crime Statistics and Research (BOCSAR). He is an Adjunct Professor at theUniversity of Sydney Law School and in the Schoolof Social Sciences at the University of New South Wales, and is a Visiting Fellow at the Australian National University. Dr Weatherburn has published three books and more than 200 peer reviewed articles, book chapters and reports on matters pertaining to the criminal justice system. He will be speaking about community corrections, and about how research can be used to build respect for them in the community.

    Mr Michael Spurr CB began working as a prison officer in the United Kingdom in 1983, before a year later training to become a Governor. Mr Spurr was for nearly ten years the Chief Executive Officer of Her Majesty's Prison and Probation Service, and in the 2014 Queen's Birthday Honours, he was appointed Companion of the Order of Bath (CB) for his services to offender management. Mr Spurr will be speaking about probation, and the balance that is struck in this area between sensible policy, public opinion and politics.


    Chair:
    Dr Marlee Bower is a Postdoctoral Research Fellow at the Matilda Centre for Mental Health and Substance Use at Sydney Medical School, where she is co-ordinator of the Crime Research Portfolio. She recently completed her PhD in the experience of loneliness amongst people with lived experience of homelessness and has experience in homelessness strategy in governmental settings and in prison inspection. She is currently working on a process evaluation of the EQUIPS offender treatment programs in NSW custodial and community settings.


    CPD Points: 1.5


    This event is sponsored by the Sydney Institute of Criminology at Sydney Law School and Corrective Services NSW.

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

    Registration

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    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.


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    Extinction Rebellion: why and what does law have to do with it?   View Summary
    25 September 2019


    ACCEL Environmental Law Seminar Series

    'Extinction Rebellion: why and what does law have to do with it?'


    Registration

    Click here to register

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    About the event

    Extinction Rebellion (XR) is a socio-political movement which is using civil disobedience and nonviolent resistance to protest against the climate emergency, biodiversity loss, and the risk of social and ecological collapse. In 2019, two major scientific reports have been released which support XR's concerns. The IPBES Global Assessment on Biodiversity and Ecosystem Services has told us that biodiversity is declining faster than at any time in human history with around 1 million species already facing extinction, many within decades, unless action is taken to reduce the intensity of drivers of biodiversity loss. Without such action, there will be a further acceleration in the global rate of species extinction, which is already at least tens to hundreds of times higher than it has averaged over the past 10 million years.

    Meanwhile, the Intergovernmental Panel on Climate Change's Climate Change and Land Report states with high confidence that since the pre-industrial period, the land surface air temperature has risen nearly twice as much as the global average temperature. Climate change, including the increased frequency and intensity of extremes, has adversely impacted terrestrial ecosystems while also contributing to desertification and land degradation in many regions. Yet around the world and in Australia, Extinction Rebellion activists are being met with police action, arrests, fines and the prospect of civil damages.

    At this event, experts will talk about the many ways that legislation in Australia has been wound back to water down the protection of biodiversity and facilitate the accelerated clearing of land and native vegetation. Amnesty has even been proposed for those who have cleared land illegally. Given government reaction to Extinction Rebellion protests, the relationship between law and civil disobedience will also be addressed by a legal philosopher.

    Chair: Professor Rosemary Lyster, Professor of Climate and Environmental Law and Co-Director of the Australian Centre for Climate and Environmental Law, The University of Sydney Law School

    Rosemary Lyster is the Professor of Climate and Environmental Law at the University of Sydney Law School and a Fellow of the Australian Academy of Law. Rosemary's special areas of research are Energy Law and Climate Justice and Disaster Law. She has published prolifically in this area including two recent books: Rosemary Lyster and Robert M. Verchick (eds.) Climate Disaster Law (Edward Elgar: 2018) and Rosemary Lyster Climate Justice and Disaster Law (Cambridge University Press: 2015). In 2018, Rosemary was selected by the Australian Financial Review as a '100 Women of Influence' in the Public Policy category. In 2015, Rosemary was appointed by the Victorian government to a three-person Independent Review Committee (IRC) to review the state'sClimate Change Act 2010 and make recommendations to place Victoria as a leader on climate change. The government accepted 32 of the 33 recommendations and enacted the Climate Change Act 2017 (Vic).

    Speakers/Abstracts:

    Associate Professor Nicole Graham, The University of Sydney Law School
    Title: 'Biodiversity on Private Agricultural Land in NSW - the artificial cleave between private property and environmental regulation'

    The Native Vegetation Act 2003 NSW was repealed in 2017 and replaced with the Local Land Services Amendment Act 2016 and the Biodiversity Conservation Act 2016. The reforms respond, in part, to concerns from agricultural 'stakeholders' that the 2003 Act unnecessarily over-regulated their land-use decisions. The reforms have, amongst other things, aimed to provide 'greater flexibility and discretion' to private landholders in self-assessing activities in relation to biodiversity impacts caused by agricultural land use practices. The reforms have weakened previous protections and resulted in greater biodiversity loss. Since more than 90% of land in NSW is privately held, biodiversity protections on private land effectively determine the state of biodiversity in NSW. Underpinning the biodiversity law crisis in NSW is the seemingly intractable tension between public environmental regulation and private property rights in agricultural land. This tension is informed by a model that assumes a zero-sum battle between private landholders and regulators. Behind the ideological debate is, however, the quiet and mostly unrecognised work of a growing number of farmers to adapt mainstream agricultural land use practices to local geographical contexts, leading to improved environmental outcomes. Far from environmental activists, these farmers are leading innovators in the agricultural sector whose approaches foreground the importance of biodiversity to successful and sustainable commercial agriculture.

    Associate Professor Nicole Graham teaches and researches in the fields of property law and theory, and legal geography at Sydney Law School, The University of Sydney. Nicole's research addresses the agency of law in landscape change through the exercise of property rights: e.g. to farm, irrigate, mine, and deforest. She has written on the relationship between property law, environment and culture through the lens of the concept of place. Nicole has received teaching awards for her work teaching property law and is also recognised as a highly effective First Year Law specialist.


    Dr Astrida Neimanis, The University of Sydney
    Title: '
    Things We Forget in an Emergency: A Feminist Decolonial Perspective'

    More and more voices declare that climate change is the defining crisis of our era, and perhaps of human existence: it is an emergency in need of urgent address. Meanwhile, groups who have historically been dispossessed of material and cultural connections to lands and waters, or who have borne the brunt of inequitable access to or control over resources, remind us that environmental crisis is a symptom of longstanding deformed relations not only with the natural world, but with each other. Drawing on a number of contemporary examples, this talk unpacks the view that climate emergency cannot effectively be understood, let alone turned around, if its urgency means we fail to address entrenched issues of colonialism, capitalism, patriarchy, white supremacy, and the militarisation of everyday life—in other words, those systems that arguably brought us to this point.

    Astrida Neimanis is a Senior Lecturer at the Department of Gender and Cultural Studies and a Key Researcher with the Sydney Environment Institute at the University of Sydney on Gadigal land. Frequently in collaboration with other writers, artists, educators, cultural institutions and community groups in Australia and internationally, her work develops feminist, embodied and experimental responses to environmental questions. Her books includeBodies of Water: Posthuman Feminist Phenomenology(2017) and the co-edited collectionThinking with Water(2013). Together with Jennifer Mae Hamilton, Astrida initiated the COMPOSTING Feminisms Reading and Research Group, which has hosted approximately forty meetings and events in Australia and beyond since 2015.


    Dr Piero Moraro, Charles Sturt University

    Title of presentation: 'Disobey or disappear'

    Most Western democracies (including Australia) profess their commitment to respecting the right to protest while, at the same time, introducing harsher and harsher anti-protest laws. We are told that citizens can only engage in 'civil' disobedience, and that we must beware of 'extremists' and 'green collar criminals'. This is puzzling, for the protesters targeted by these laws are indeed acting 'civilly'. In this talk, I shed some light on the notion of civil disobedience, aiming to address some misconceptions about it (e.g. the role of nonviolence). I then consider the Extinction Rebellion movement, and suggest one reason why some media may be portraying it as 'extremism' rather than as civil disobedience.

    Piero Moraro is a lecturer at the Centre for Law and Justice, Charles Sturt University. He has written extensively on civil disobedience, and his academic articles have appeared in Law and Philosophy, The Philosophical Quarterly and the Journal of Applied Philosophy. His book Civil Disobedience: a Philosophical Overview (Rowman and Littlefield International) was published in August 2019.

    Click here for the seminar flyer


    The ACCEL Environmental Law Seminar Series is organised by the Australian Centre for Climate and Environmental Law and the Sydney Environment Institute at The University of Sydney.


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

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    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.

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    WEBINAR: Insolvency and restructuring law reform in Spain   View Summary
    30 September 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.

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    WEBINAR: Insolvency and restructuring law reform in Spain


    This free webinar will provide an overview of Spanish insolvency and restructuring law and will consider significant pending reforms. The includes an Australian perspective on the Spanish law from leading insolvency lawyer and INSOL Fellow, Noel McCoy.


    About the speaker

    Dr Zofia Bednarz, University of Málaga, Spain

    Dr Zofia Bednarz is a lecturer in commercial and company law at the University of Málaga, Spain, where she teaches undergraduate and postgraduate insolvency law. Her research is concerned with the personal liability of directors in insolvency. Dr Bednarz has also co-authored a book Commercial and Economic Law in Spain, published by Wolters Kluwer in 2018, which provides an overview of the Spanish regulation on bankruptcy and related institutions.


    Commentator: Noel McCoy, Partner, Norton Rose Fulbright

    Chair: Professor Jason Harris, Sydney Law School


    CPD Points: 1


    This seminar is sponsored by the Ross Parsons Centre at Sydney Law School.

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    October
    Three Theories of the Frustration of Contracts   View Summary
    8 October 2019

    Registration

    Register here

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    Three Theories of the Frustration of Contracts

    Speaker: Tim Pilkington, Associate Lecturer, Sydney Law School

    This paper addresses a still unsolved puzzle regarding the proper explanation for why contracts are frustrated. It suggests that, contrary to certain statements in the cases and by commentators, the different explanations of the juridical basis for frustration do not 'shade into one another'. Rather, contained within the leading cases are three distinct theories of the doctrine. These are: the implied term theory; the limits of intention theory; and the fairness theory. The paper argues that each of these theories fails to explain certain central aspects of the law in respect of the application and consequences of frustration with the result that the law does not, at present, have a theory which can explain why frustration exists in the form in which it currently does.

    About the speaker

    Tim Pilkington's research is principally concerned with the law of obligations and philosophy of law.

    Prior to joining the faculty he was a researcher in the Equity Division of the New South Wales Supreme Court.


    CPD points = 1

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

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    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.


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    JSI Seminar Series: Borderland of legal discourse: actions of dissent and legal concepts   View Summary
    10 October 2019

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    Borderland of legal discourse: actions of dissent and legal concepts


    Speaker: Dr Paweł Banaś, Jagiellonian University, Krakow

    Although philosophers, including philosophers of law, have been discussing different forms of dissent for many years, there is still an ongoing debate about how such actions relate to the rule of law and what is the status of their legality. Probably the best known example is that of civil disobedience which, although widely considered as law-breaking, has been defended by John Rawls as being "within the limits of the fidelity to law". Ronald Dworkin went as far as to claim that "in the United States, at least, almost any law which a significant number of people would be tempted to disobey on moral grounds would be doubtful — if not clearly invalid —on constitutional grounds as well". Those who seek links between law and actions of dissent seem to focus on the functions and aims of these actions and their relation to the (liberal) concept of the rule of law. In his presentation, however, Paweł Banaś will try to focus instead on how actions of dissent relate to the content of legal concepts. In recent years much attention in philosophy of law has been given to a view that law should be considered a social artefact. This view offers an ontological framework that explains what constitutes the content of legal concepts. This may help to shed some light on how to assess certain borderline cases as legal or illegal. To illustrate the idea, Dr Banaś will eventually try to map different forms of dissent (like "lawful protest", "civil disobedience", "rule departures", "conscientious objections" and "revolutionary acts") onto the general conceptual network behind legal discourse.


    About the speaker

    Dr Paweł Banaś is a graduate in both law and philosophy from Jagiellonian University, Krakow. He is a member of the Jagiellonian Center for Law, Language and Philosophy and coordinates the International Law-Language-Philosophy Research Network. He is a visiting scholar at UNSW. His research interests are philosophy of law, social ontology, and philosophy of language; his PhD was on legal metaphysics. He has co-edited books on Metaphilosophy of Law (Hart) and Problems of Normativity, Rules and Rule-Following (Springer).



    CPD Points: 1.5

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

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    High Stakes Utopia: Acting Out the Criminal Justice System   View Summary
    17 October 2019

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    High Stakes Utopia: Acting Out the Criminal Justice System


    A bold evening of performance, discussion and ideas, featuring an excerpt from the celebrated arts project The Chat and an expert panel discussion.


    The Chat is a unique collaboration between director J R Brennan and renowned writer-performer David Woods. Ignited by Brennan's experience working as a parole officer in Sydney's Long Bay Gaol, the work emerged from a series of performance workshops Brennan ran for ex-offenders. Created in collaboration with artists, ex-offenders and leading criminologists, The Chat fundamentally challenges our notions of criminal identity and asks the audience to play judge.


    "I was laughing, aching and close to tears. The Chat skilfully captures the impossibly fine line parole officers must tread…" - The Australian.


    An expert panel will discuss the ideas presented in The Chat, including the role of risk and creativity in criminal justice reform, imagination and the role of community, and the limits of conventional approaches to criminal justice and offender management.


    Panellists: Creator and former parole officer J R Brennan, actor and creator David Woods and expert criminologists Associate Professor Anna Eriksson (Monash University), Dr Carolyn McKay, and Chair Professor Murray Lee (Sydney Law School).


    J R Brennan and Associate Professor Anna Eriksson (Monash University) are the authors of To Meet Yourself: The Performance of Parole in The Chat. The book will be available for purchase on the night.



    This event is sponsored by the Sydney Institute of Criminology at Sydney Law School.

    JSI Seminar Series: Amnesties, Transitional Justice and Forgiveness   View Summary
    24 October 2019

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    Amnesties, Transitional Justice and Forgiveness


    Speaker: Associate Professor Patrick Lenta, UTS

    Amnesties granted in the circumstances of transitional justice confer immunity from prosecution and punishment on classes of perpetrators of politically motivated crimes, often including serious human rights violations, following periods of political violence. Certain supporters of amnesties have sought to lend them justificatory support by classifying amnesty as a species of forgiveness. Patrick Lenta's purpose in this paper is to inquire into whether amnesties count as forgiveness and, assuming they do, whether their ranking as forgiveness supplies a reason to consider them morally legitimate. He considers two prominent definitions of forgiveness with a view to determining whether or not amnesties count as forgiveness under each and what follows for their moral status.


    About the speaker

    Patrick Lenta is an Associate Professor in the Law Faculty at the University of Technology Sydney. His work has focused recently on rationales for punishment and, more recently still, on justifications for foregoing punishment. He is the author of a monograph, Corporal Punishment: A Philosophical Assessment (Routledge, 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.

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    Sydney Ideas: How the Waterfront dispute changed industrial relations in Australia   View Summary
    28 October 2019

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    How the Waterfront dispute changed industrial relations in Australia

    Power, politics, the press and how they have affected today's labour market

    Join labour expert Professor Shae McCrystal, and Walkley Award-winning journalists Pamela Williams and Quentin Dempster, for a conversation about the nature of work in Australia.


    John Howard, described the 1998 Waterfront Dispute as 'the most bitterly fought domestic issue of my whole time as prime minister'. The dispute was a major industrial battle that saw logistics company Patrick Corporation restructure its operations to dismiss its heavily unionised workforce.

    The immediate impact improved productivity on the wharves; longer term, it was the battle that forged a generation of trade unionists. Today, Australia's industrial landscape looks more dispersed. The economic outlook is increasingly precarious and gig economy is thriving. What then is place and power for unions today?

    Join us for this special Sydney Ideas conversation with a Walkley-winning investigative journalist and, an industrial law expert, and current newspaper editor as we explore the intersection of politics and media, and what the landscape looks like for shifting industrial relations.


    Pamela Williams won the 1998 Gold Walkley for her investigation into the federal government's strategy to break the Maritime Union of Australia (MUA) amid the Waterfront Dispute. She highlighted the financial, industrial and political connections surrounding the battle and revealed documents showing the government's key role in attempts to reform the waterfront by tackling union power.


    In this event, Pamela will unpack the nexus between unions and politics with Professor Shae McCrystal, Deputy Head of School and Deputy Dean of University of Sydney Law School and an expert on labour, industrial and workplace laws. Walkley Award-winning journalist and author Quentin Dempster will moderate the conversation.

    CPD Points: 1.5


    This event is co-presented withThe Walkley Foundation. You may also be interested in our other other event collaboration,Public interest and toxic chemicals on September 19.

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

    Registration

    Register
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    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.

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    Cultural Heritage Protection - the cases of sustainable tourism and of reproduction of works of art   View Summary
    29 October 2019

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    Cultural Heritage Protection - the cases of sustainable tourism and of reproduction of works of art


    Speaker: Professor Sara Landini, University of Florence

    The term Cultural Heritage commonly indicates the legacy of physical artifacts and intangible attributes of a group or of the society that are inherited from past generations, maintained in the present and preserved for the benefit of future generations. Cultural heritage includes tangible goods (such as buildings, monuments, books, works of art, and artifacts), intangible goods (such as folklore, traditions, language, and knowledge), and natural heritage (including culturally significant landscape, environment like particular kinds of trees…).

    Cultural heritage is a part of the study of human history because it provides a concrete basis for ideas, and can validate them. Its preservation demonstrates a recognition of the necessity of the past and of the things that tell its story.

    Social institutions, scientific knowledge and technological applications need to use a "heritage" as a "resource". Ethics considers that what had been inherited should not be consumed, but should be handed over, possibly enriched, for the benefit of future generations.

    The exploitation of resources and economic growth may negatively impact the conservation of cultural heritage.

    In this seminar Professor Sara Landini will consider some Italian examples with regard to: sustainability and mass tourism and intellectual property (for example reproductions of works of art). We will propose cases, problems, adopted solutions stimulating a debate.


    About the speaker

    Professor Sara Landini is Associate Professors at the University of Florence, Member of the Doctoral School of the University of Perugia, she is external reviewer of PHD candidates at University of Exeter, University of Pretoria, University of Bologna, University of Ca' Foscari di Venezia.

    She has taught in prestigious academies and universities:

  • 2007 - 2009 Professor by contract of Civil law at the University of Salerno-Faculty of Economy. Italy;
  • 2008 -2011 Professor by contract of Civil law at the University of Florence - Faculty of Economy - Italy;
  • 2008-2011 Professor by contract of Civil Law at the University of Florence - Faculty of Economy and Faculty of Engineering - Italy;
  • 2008 Professor at Rechtswissenschaftliche Fakultät der Universität zu Köln- Germany under the Lifelong Learning Programme/Erasmus-Teaching-Staff-Exchanges. Topic: Insurance Law;
  • 2013 Professor at the University of Oslo - Norway under Lifelong Learning Programme/Erasmus-Teaching-Staff-Exchanges. Topic: derivatives contract and insurance;
  • 2015 Visiting Professor at the University Ritsumeikan Kyoto - Japan under the agreement of cooperation between Ritsumeikan University and Florence University. Topic: fundamentals of Italian private law;
  • 2016 Professor at Elte University - Budapest - Hungary under Lifelong Learning Programme/Erasmus-Teaching-Staff-Exchanges. Topic: European Law, law and language;
  • 2017 Professor at Valencia University - Valencia - Spain Lifelong Learning Programme/Erasmus-Teaching-Staff-Exchanges. Topic: family law, international adoption;
  • 2017 Visiting Professor at Toyo University of Tokyo Japan, Topics: Cultural Herigage protection, Reform of Justice System in Italy, Insurance and Sports. She taught also in several interdisciplinary post laurea courses: University Luiss Master in Cybersecurity; LLM Luiss Law of Food.

  • She is a member of a number of professional bodies and scientific societies:

  • Member of Italian Association of civil lawyers
  • Member of Sisdic
  • Scientific secretary of CISA interuniversitary center for actuarial studies
  • Member of the PC of Aida (International Association of Insurance Law) Italia and of AIDA World
  • Coordinator of Motor insurance working party Aida world
  • Member of Adde, association of Business Law
  • Founding member of "Alta Scuola Giuridica", Camerino, Italy

  • She is P.I. of the research Network "GoinEu", JUST-JCOO-CIVI-AG-2016 and GoinEuPlus JUST-JCOO-CIVI-AG-2017 financed by the European Commission : Partners: Elte University of Budapest, University of Valencia, Notary European Foundation, Coimbra University, Cnrs (France), AMI (Association of family law), University of Florence. She is Member of the Directors committee , Area Bank, Insurance and Financial market, of Giustizia civile.com; Member of the Directors Committee of "Insurance Science" book series, Italy; Member of the Scientific advisory board Assicurazioni review, Italy giustiziacivile.com, Italy; Member of the scientific committee on insurance intermediation CESIA, Italy; Member of the Directors Committee of Dimaf review, Italy; Member of the scientific committee on "Agromafie" Coldiretti (Italian association of farmers).

    She has been part of the scientific board in the organization of national and international congresses and lately.

    She is Author of 9 books and several papers published in prestigious reviews at national and international level.


    CPD Points: 1

    This seminar is hosted by the Institute of Criminology at The University of Sydney Law School.

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    November
    Seminar: Can we eliminate Crime?   View Summary
    4 November 2019

    Registration

    Register
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    Seminar: Can we eliminate Crime?

    Professor Gloria Laycock OBE will consider whether we can eliminate crime. This seminar will draw on Professor Laycock's extensive experience in policing and crime prevention research and practice.


    About Professor Laycock

    Gloria Laycock is an internationally renowned expert in crime prevention, and especially situational approaches which seek to design out situations which provoke crime.

    She graduated in Psychology from UCL in 1968 and began her career as a prison psychologist. In 1975 she completed her PhD, working at Wormwood Scrubs prison in West London. Building on her PhD research, she commenced work in the late 1970s at the Home Office where she stayed for over thirty years, dedicating the last twenty to research and development in the policing and crime prevention fields.

    She founded the Home Office Police Research Group, and edited its publications on policing and crime prevention for seven years. She has been a consultant on policing and crime prevention in North and South America, Australia, New Zealand, Israel, South Africa, the UAE and Europe. She was an advisor to HEUNI, a UN affiliated crime prevention organisation based in Helsinki from 2001 until 2012 and has acted as a UN consultant in Myanmar.

    In 1999 she was awarded an International Fellowship by the United States National Institute of Justice in Washington DC, followed by a four-month consultancy at the Australian Institute of Criminology in Canberra. She returned to the UK to become the founding director of the Jill Dando Institute of Crime Science in 2001. The institute engages a wide range of sciences and design experts in cross-disciplinary work in collaboration with police and industry to find new ways to reduce crime. She was founding editor of the Crime Science book series and was Editor in Chief of the Crime Science Journal until 2018.

    She was awarded an OBE in the Queen's Birthday Honours 2008 for services to crime policy.


    CPD Points: 1.5


    This event is co-hosted by theSydney Institute of Criminology(University of Sydney) and theAustralian Institute of Criminology(AIC). This event has been made possible by the sponsorship of the AIC.

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    2019 Parsons Tax Lecture: The Evolution of CFC Rules in International Tax   View Summary
    7 November 2019

    Registration

    TO REGISTER, PLEASE EMAIL law.taxprogram@sydney.edu.au
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    The Evolution of CFC Rules in International Tax - With Particular Emphasis on Australia

    Speaker: Brian J. Arnold, Canadian Tax Foundation

    Australia adopted its controlled foreign corporation (CFC) rules in 1988 as part of an overhaul of its system for taxing the foreign source income of Australian residents. Since then the technical details of the rules have been amended on a number of occasions but the fundamental structure of the rules has remained unchanged.

    This lecture will explore the nature and role of CFC rules in the rapidly changing international tax landscape including the major structural features of the rules and their relationship with the tax treatment of non-portfolio dividends and capital gains. It will examine the recent developments with respect to CFC rules including the BEPS Action 3 Report, the European Union's Anti-Tax Avoidance Directive requiring EU member countries to adopt CFC rules, and the global intangible low-taxed income (GILTI) rules of the 2017 US tax reform. It will also examine the relationship between CFC rules and the emerging proposals of the Inclusive Framework (especially Pillar 1) to deal with the digital economy.


    About the speaker
    Brian J. Arnold is Senior Adviser, Canadian Tax Foundation, Toronto. He is a graduate of Harvard Law School (J.D., 1969) and taught tax law at a Canadian law school for 28 years. He has been a consultant to various governments, the OECD, and the United Nations. He was a Visiting Professor at Harvard Law School from 2005 to 2011 and at New York University School of Law in 2005 and 2012, and has taught international tax courses at the University of Sydney and the University of Melbourne. He was the co-editor of the Bulletin for International Taxation and is the author of several books and articles on tax issues, including (with Hugh J. Ault) Comparative Income Taxation: A Structural Analysis, 3rd edition, published by Kluwer in 2010 (4th edition forthcoming) and International Tax Primer, 4th edition, published by Kluwer in 2019.


     

    CPD Points: 1

     

    This lecture is sponsored by the Ross Parsons Centre for Commercial, Corporate and Taxation Law, Sydney Law School.

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    Challenges and opportunities for Asia-Pacific international 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.

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    Challenges and opportunities for Asia-Pacific international arbitration - symposium


    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 Vivienne Bath, The University of Sydney Law School
  • Adjunct Professor Max Bonnell, Henry William Lawyers & The University of Sydney
  • 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
  • Dr Benjamin Hayward, Monash University
  • Brenda Horrigan, ACICA President & Herbert Smith Freehills
  • Associate Professor Jeanne Huang, The University of Sydney Law School
  • Associate Professor Amokura Kawharu, The University of Auckland
  • The Hon. Kevin Lindgren AM QC FAAL, formerly Federal Court of Australia
  • 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 (PDF) (as at 17 September 2019)


    VIEW THE SPEAKERS' ABSTRACTS


    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.

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    Future crime problems and security solutions - How to anticipate them and what to do about them    View Summary
    25 November 2019

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    Future crime problems and security solutions - How to anticipate them and what to do about them


    Speaker: Emeritus Professor Paul Ekblom, University of Arts London

    Crime is changing at an accelerating pace, and security is struggling to keep up. While this challenge is most marked in the cyber domain, it is true also in the predominantly physical world with advances in technology such as power supply and storage, lighting and armour. And smart products and environments, connected through the Internet of Things, bring the two domains together. For governments, police and other security services, and private companies to keep on top of the threats over the medium to longer term, vital strategic requirements are the capacities to detect emergent criminal threats early and respond; to out-innovate adaptive offenders in a world of political, economic, social, technological and environmental change; and, arguably the most difficult of all, to anticipate upcoming threats over a range of timescales reflecting how long it takes to develop, agree and deploy practical solutions. Paul Ekblom has recently contributed to a course on Horizon Scanning for the Masters in Crime Science at University College London and will present a suite of frameworks for addressing the future of crime and security systematically.


    About the speaker

    Paul Ekblom is Emeritus Professor of Design against Crime at the University of the Arts London; also visiting professor at the Department of Security and Crime Science, University College London and the Applied Criminology and Policing Centre, University of Huddersfield. He spent much of his career on crime prevention and policing research at the UK Home Office and then a decade on design against crime. Paul originated the 5Is model for capturing and sharing crime prevention practice knowledge (see more details here) and many other frameworks including the Conjunction of Criminal Opportunity. Recent work has involved horizon scanning, evolutionary arms races between offenders and preventers, updating the concepts of CPTED (crime prevention through environmental design), counterterrorism toolkits and cybercrime. Recent international collaborations have been with the European Forum on Urban Security (EFUS) and the EU Crime Prevention Network.



    CPD Points: 1

    This event is co-hosted by the Sydney Institute of Criminology (University of Sydney) and the Australian Institute of Criminology (AIC). This event has been made possible by the sponsorship of the AIC.

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    Asian Law - Books Launch & Seminar   View Summary
    27 November 2019


    Registration

    REGISTER HERE
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    Asian Law - Books Launch & Seminar


    Books:

    Launched by: The Honourable Tom Bathurst AC QC

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    About the event


    Join us for a downtown launch of two Asian Law books, launched by New South Wales Chief Justice Tom Bathurst, followed by a seminar with some of the authors on comparing Southeast Asian and Japanese contract and consumer law developments.


    Seminar participants include: Professor Luke Nottage, Sydney Law School, Professor Jeannie Paterson, Melbourne Law School and Professor Gail Pearson, Sydney Business School, chaired by Ian Williams, Herbert Smith Freehills partner & Australian Network for Japanese Law advisor.


    About the books


    1. ASEAN Consumer Law Harmonisation and Cooperation (CUP, November 2019) by Luke Nottage, University of Sydney, Justin Malbon, Griffith University, Queensland, Jeannie Paterson, University of Melbourne and Caron Beaton-Wells, University of Melbourne

    This is the first Western-language research monograph detailing significant developments in consumer law and policy across the Association of Southeast Asian Nations (ASEAN), underpinned by a growing middle class and implementation of the ASEAN Economic Community from 2016. Eight chapters examine consumer law topics within ASEAN member states (such as product safety and consumer contracts) and across them (financial and health services), as well as the interface with competition law and the nature of ASEAN as a unique and evolving international organisation. The authors include insights from extensive fieldwork, partly through consultancies for the ASEAN Secretariat, to provide a reliable, contextual and up-to-date analysis of consumer law and policy development across the region. The volume also draws on and contributes to theories of law and development in multiple fields, including comparative law, political economy and regional studies.

    Click here to view introductory chapter


    2. Contract Law in Japan (Kluwer, January 2019) by Hiroo Sono, Hokkaido University, Luke Nottage, Sydney Law School, Andrew Pardieck, Southern Illinois University and Kenji Saigusa, Waseda University

    Contributing to the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in Japan covers every aspect of the subject - definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes the major 2017 reforms to the Civil Code.

    An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the underlying principles of the formation of contract. Subsequent chapters cover the doctrines of 'relative effect', termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance.


    This free event is kindly supported by Herbert Smith Freehills at their downtown premises, as well as by the Centre for Asian and Pacific Law at the University of Sydney (CAPLUS), the Sydney Southeast Asia Centre, and the Australian Network for Japanese Law (ANJeL).


    CPD Points: 1.5

    December
    Seminar: Transforming legal understandings of intimate partner violence   View Summary
    3 December 2019

    Registration

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    Seminar: Transforming legal understandings of intimate partner violence


    Join ANROWS, The University of Sydney and research partners for a seminar that will explore the findings and implications of a new research report: Transforming legal understandings of intimate partner violence (IPV). The report examines homicide trials in which self-defence is raised by women who have killed an abusive intimate partner.

    All Australian jurisdictions now recognise that self-defence can be raised in circumstances when the harm a person was defending themselves against was non-imminent. A key impetus for these reforms was the need to recognise self-defence against IPV.

    However, these reforms are not operating as intended. There is a distinct gap between the now well-developed social science understandings of IPV on the one hand, and the models of IPV that are underpinning these homicide trials.

    This seminar will explore how legal professionals and experts understand IPV, influencing which facts are selected and presented as relevant and the meaning that is made of those facts. It will argue that the model of IPV relied on by prosecutors, expert witnesses, judges and others can have the effect either of revealing the violence a woman claims to have acted in self-defence against, or of undercutting that claim. The researchers will show that the current models of IPV used in the criminal justice system effectively pre-package a defendant's defensive actions in response to IPV as unreasonable.

    It will be suggested that using social entrapment as a conceptual framework for understanding IPV provides a more accurate and complete picture of facts involving IPV and therefore a proper foundation for assessing whether a defendant was acting in self-defence.


    Who should attend?

  • Criminal lawyers (defence lawyers and prosecutors),
  • family lawyers,
  • judicial officers and justice officials,
  • government workers in justice and/or social services,
  • expert witnesses in matters involving family and domestic violence, and
  • family violence workers.

  • Why should you attend?

    This seminar will offer an in-depth consideration of how better understandings of IPV can support the proper application of the criminal law.


    Speakers

  • Professor Julia Tolmie, Faculty of Law, The University of Auckland
  • Associate Professor Stella Tarrant, Law School, The University of Western Australia.


  • Associate Professor Stella Tarrant

    Associate Professor Stella Tarrant is a graduate of the University of Western Australia and Yale University. She began her career as Associate to Justice Toohey of the High Court of Australia and a solicitor in the Land and Heritage Unit of the Aboriginal Legal Service of Western Australia. She studied as a Harkness Fellow and Fulbright Scholar in the United States before joining the Law Faculty at the University of Western Australia, from 1996-2002. After raising her two sons in their early years, Stella returned to teaching at UWA Law School in 2009 and resumed her research career in 2013.

    Stella's research focuses on criminal law, criminal law theory and gender and the law. She has explored the impact of law on women's lives and the part law plays in maintaining unhelpful gender relations in society, in the areas of criminal law, constitutional law and reproductive technology law. Her current research projects concern gender equality in the law of self-defence and the incorporation of philosophical method into the teaching of Gender and the Law and for young people in community settings.


    Professor Julia Tolmie

    Professor Julia Tolmie currently teaches Criminal Law at The University of Auckland. Prior to her appointment at the University of Auckland in 1999 she lectured in the Faculty of Law at the University of Sydney for ten years.

    She served as chair of the New Zealand Family Violence Death Review Committee from December 2011-2016, deputy chair in 2017, and as a member of the New Zealand Government's Expert Advisory Group on Family Violence in 2013. She was the academic member of the District Court Judges Education Committee in 2015-2017. She was the inaugural Shirley Greenberg International Visiting Scholar at The University of Ottawa in 2016 and a distinguished visiting scholar with the Gender and Family Violence Research Program at the University of Monash in 2018.



    CPD Points: 2


    This event is jointly hosted by ANROWS and the Sydney Institute of Criminology at Sydney Law School.

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