Senators Seek, Fail to Get an 'I'm Sorry'

This is an interesting article in the Wall Street Journal which details the current progress of the Goldman Sachs saga. Goldman are being grilled by Senate Committees after the SEC launched a fraud investigation.

It is interesting for two reasons:

1. Firstly, Goldman are being investigated for making misleading statements to investors in relation to CDO's which it sold, rather than being investigated for any breaches of directors duties. Is this because the laws around directors duties are not sufficient to allow prosecution in this type of situation?
2. Secondly, it is interesting that Goldman are being questioned by a senate committee, rather than being prosecuted in court. It seems to suggest that the investigation is more of a political exercise rather than a case with some basis.

Supreme Court upholds decision.

http://theangle.org/2010/03/22/supreme-court-upholds-stolen-generation-decision/

The Supreme Court of South Australia upheld a decision from 2007 to award compensation to a member of the Stolen Generations, Bruce Trevorrow. This decision does not mean that it is easier for other members of the Stolen Generations to get reparations, as the barriers to litigation still exist.

iiNet beats Hollywood big guns

iiNet slays Hollywood in landmark piracy case

Although the iiNet case was decided a couple months ago, the decision has 'the potential to impact internet users and the internet industry profoundly as it sets a legal precedent surrounding how much ISPs are required to do to prevent customers from downloading movies and other content illegally'.

I agree with the finding that iiNet is an ISP that provided a legitimate communication facility, which was neither intended nor designed to infringe copyright, but just what does this means for the individual user? Who is going to be liable and how will they be 'caught'?

And they call it the failure to thrive

An interesting article attached found in 'The Australian' related to the debate around the source of 'family violence' and sexual assault in Indigenous communities.



www.theaustralian.com.au/news/opinion/and-they-call-it-a-failure-to-thrive/story-e6frg6zo-1225863617761

The Dangers of Character Tests

The Dangers of Character Tests:
Dr Haneef and other cautionary tales

This article provide a deep study of the Migration Act 1958 (Cth), and raises fundamental argument and issues encountered in the Act, especially s 501(6).

I thought that this would be interesting to be looked at.

Jennifer Agyei

Genocide of Indigenous Canadians.

This article reports the litigation of a New Brunswick based group of indigenous Canadians, who are seeking to sue municipal and federal governments for $13 billion in damages for alleged "genocide" and loss of native lands over the past 400 years.

This argument has significant relevance to the position of indigenous sovereignty in Australia with the Canadian group arguing that they 'never ceded their land to European powers and they deserve compensation for their losses.'

This ruling could have significant ramifications for the international legitimacy of the Australian Commonwealth, in particular whether the colonial actions dating back to the acquisition of Canada as a colonial territory constituted genocide and a congruent contravention of the 'Fourth Geneva Convention'.

See : http://www.cbc.ca/canada/new-brunswick/story/2010/04/29/nb-aboriginal-lawsuit-compensation.html

Liberals view on asylum seekers

A surprisingly mainstream and non-ideological, possibly centre right view of the asylum seeker issue from Tony Abbot in this transcript from Q and A.

See here for the full transcript: http://www.abc.net.au/tv/qanda/txt/s2859473.htm

What's got your goat?

N.B. This post was written prior to me realising that the subject of the article should be of a legal topic in your research area and not just an interesting story.

Lawyers are often lambasted for being elitist, aloof and generally out of touch with 'normal society'. Those of the legal profession are increasingly becoming a stigmatised group, analogous to taxidermists or morticians, with 'lawyer jokes' being as numerous as the cliche individuals to whom the jokes inadvertently refer.
This stereotype has subsisted much to the chagrin of lawyers and it is clear from the core values purported by various law firms that the legal fraternity wishes to dispel these conceptions of being a 'weird' or 'bizaare' bunch. DLA Phillips Fox are a prime example of this, alleging to be a 'down to earth' organisation, seeking individuals with a 'sense of fun' for employment with the firm.

The contribution that leading wills and probate lawyer Dr. John de Groot makes to this argument is open for debate. Dr. de Groot has been reported as attempting to bring back the sport of goat racing as a nationwide competition through the donation of prize money for the race at his local fair.

See link:
http://www.lawyersweekly.com.au/blogs/top_stories/archive/2010/04/29/lawyer-brings-back-goat-racing.aspx

He is quoted as saying:

"The humble goat was vital to the early settlers. They are among some of the hardest working animals and their hardy efforts are part of what helped Australia become a successful nation," he said.

"We hope the prize money will help revive the century-old sport and encourage more people to take it up."

Does Dr. de Groot's love for the commercialised racing of Australia's favourite horned friend support or detract from the perception of lawyers as a 'different species'?

It would seem that only time; and the public reaction and response to de Groot's recently published 'Memoirs of a Goat Racer and More' will tell...

A win for regional, rural and remote university students

This article from the Australian Law Students Association discusses the changes to youth allowance. The income threshold for parents of students is being raised but only marginally higher than the minimun wage. It demonstrates that while the government are trying to prove they are taking action on youth allowance requirements they are not achieving this. Many students will still miss out on receiving youth allowance, either encouraging them to defer studies, or discourage them from ever studying at all.

http://www.alsa.net.au/media-/media-releases/166-a-win-for-regional-rural-and-remote-university-students

Update on private equity activities/purchases

If you look at the business section of any respected newspaper you will find updates of private equity purchases, here are some more recent ones that are in todays news:

Sydney Morning Herald, May 3 2010, 'Boost Juice Sells Majority Stake for $65m', by Eli Greenblat

New Yorkn Times, May 4, 2010, 'Pearson Sells IDC Stake in $3.4 Billion Deal', By chris V. Nicholson.

Financier Worlwide, May 4, 2010, 'Sophos to sell $300m stake to Apax Partners', By Selina Harrison

These are just some articles showing private equity is alive and very much active, stamping its importance in todays business world.

Can we get it right this time? - re: NT emergency response intervention.

In the article titled 'Can we get it right this time', by Marni Cordell, the review of the Northern Territory emergency response and the response itself is highly criticised.

Important buzz words from the article re: the policy include;
- "slap dash policy"
- 'blanket measures"
-"lack of consultation"
-"hastily designed policy"
-"discriminate on race"
-"across the board"
-"a strong sense of injustice"
- "No other part of Australian society is subjected to that — where to receive basic human rights you have to pass up some freedoms"
-"Aboriginal people used as a political football"

All of these opinions of the writer, and findings from the report go to the heart of my research topic. That is, that politics has a habit of getting in the way of good law.

For anyone that has an interest in following the intervention, or this research area, the full article is found at the following link:
http://newmatilda.com/2008/10/14/can-we-get-it-right

ALRC Release Consultation Paper on Family Violence Reform

The ALRC, together with the NSWLRC have released a Consultation Papoer on Family Violence reform.

The reform committe have been asked to focus on the laws and legal processes of family violence and the improvements that could be made to better protect women and children.

The closing date for sumisssions is 4 June 2010. More details here.

My not-so-brilliant legal careers

My not-so-brilliant legal career Posted Mar 15 2010, 08:08 PM by Lawyers Weekly

Dropping out of the legal profession is seen by many as a symptom of Gen Y, but is there something else behind it? Claire Chaffey investigates the reality biting young lawyers in law firms.

This is really interesting article about the reality we might all face!


http://www.lawyersweekly.com.au/blogs/top_stories/archive/2010/03/15/my-not-so-brilliant-legal-career.aspx

Review of Alexander Maconochie

Recently there have been a number of problems emerging from the new Alexander Machonochie centre. The main issue that has arisen is a lack of staffing meaning some prioners are having to spend more time in their cells. This article explores the possible review that may take place in July of the prison if the auditor general finds it is appropriate.

http://www.canberratimes.com.au/news/local/news/general/auditorgeneral-considers-jail-review/1807405.aspx

Singapore Airlines try to gain access to AUS-USA route

Singapore Airlines (SIA) has long wanted to gain access the highly lucrative Australia-USA route. However, the Australian Government has been blocking SIA gaining access, in favor of protecting Australian Airlines, such as Qantas and new entrant V-Australia from the extra competition SIA would create.

In the National Aviation Policy White Paper, the Australian Government left the door open for SIA, saying that it would allow V-Australia establish itself, and be open to trade 'air service rights' with other 'like minded' partners.

Interestingly, the Singapore Government has granted low cost Qantas subsidiary, Jetsar, access to air service rights between Singapore and other Asian countries. It would be wrong for the Australian Government to not grant SIA access to the USA route, if Australian Airlines are being granted access to lucrative routes out of Singapore.

See full article at http://www.watoday.com.au/business/sia-bid-for-usdirect-route-20100314-q62e.html

Plan for special courts to hear indigenous child sex cases

This article discusses the radical overhaul considered in changing the nature of criminal justice in improving conviction rates in child sex assualts. f the plan goes ahead, specialist courts would be established to ensure sexually abused Aboriginal children are not intimidated into silence by the formality of traditional courts.

The reform plan has been produced by the National Child Sexual Assault Reform Committee (NCSARC).

The article looks at not only the problems of recidicivism and inappropirate measures used against xhild sex offenders but the problems encountered by children with the cimrinal justice system, in partciular ingidnous children.

The aim is to have specialist child sex offence courts as Australia has already established specialised Family Courts and Drug Courts. Data from Canada has demonstrated the effectives of a court of this kind.

There was also suggestion that the version of the Family Court inquisitorial model could be adapted to more appropriately manage cases involving sexual assault of indigenous children. As there is little hope to be able to encourage children and their families to go into a completely different cultural set-up, and to be able to give the sort of evidence that adversarial trials require.

See here

Battered women's reality

This article demonstrates that battered women often cannot leave their abusive partners. The article illustrates that the cost of renting, and the lack of refuges for victims of domestic violence is a major contributor to women staying with abusive partners. Josie Hampton

See: http://www.smh.com.au/news/urban-affairs/battered-women-in-rent-trap/2007/03/08/1173166898174.html

the role of school in bullying

The article showed that a father withdrew his two sons from a school because he thought that the school failed to fullfill the duty of care in bullying. Bullying is a problem in almost every school and many children may have to face more than one bullies. So what's the role of school in bullying? The common law regulates a duty of care on schools to prevent students from foreseeable risks of injury and it's part of school's responsibility to build a safe environment for students. Therefore schools should take every complaint of bullying seriously and take all possibilities to get students from potential injuries.------Yanlin Hu

Chinalco, Rio deal collapses

The collapse of the biggest investment deal in both Australian and Chinese corporate history occurred mid last year, with Rio Tinto shareholders withdrawing its support for a $US19.5 billion investment from Chinalco (a Chinese state-owned entity).

The failure of the bid was due to shareholders believing that it would have given Chinalco too much control over Rio, including significant influence over the pricing of resource commodities and the power to nominate board members.

The close of negotiations spared the Financial Investment Review Board the task in determining whether or not to block the deal on national interest grounds, as well as saving the government a political annoyance in its diplomacy with China.

See, http://www.smh.com.au/business/chinalco-rio-deal-collapses-20090605-bxdc.html.

Black listed tax havens face sanctions

The following article states that Tax havens that refuse to sign anti-secrecy agreements face expensive sanctions under an unprecedented global effort to catch illegal tax evaders.

Therefore, it could be argued that the OECD member countries are unfairly targeting tax havens rather than the tax payers who use them.