In this case study: Apprehended Bias Fair-minded Lay Observer Independence of the Judiciary Right to a Fair Trial Access to Justice Isbester v Knox City Council [2015] HCA 20 This case focuses on Tania Isbester and Kirsten Hughes. Isbester owned a Staffordshire...
The Institute’s Vice President, Malcolm Stewart, spoke to Ross Greenwood on radio station 2UE about a lawyer’s obligation to their clients on Thursday, 26 November. Mr Stewart said the way a law firm structures its business has no bearing on a...
How the International Criminal Court Upholds the Rule of Law: Exceptions to the Principle of Complementarity and Ne Bis In Idem A key principle of the rule of law is that the law be applied equally and fairly, such that neither the individual nor the State is...
Nicholas Cowdery AM QC*, former NSW Director of Public Prosecutions, has called for the Independent Commission Against Corruption (ICAC) to be confined to its investigative role and leave ‘prosecution to the experts.’ Mr Cowdery pointed to the importance...
The Rule of Law Institute and the Department of the Australian Senate held a symposium celebrating the 800th Anniversary of the grant of the Magna Carta on 30 October 2015. The Symposium was held in the Main Committee room at Australian Parliament House in Canberra....
Judicial discretions to exclude evidence improperly or unfairly obtained – a win for rule of law The recent High Court decision Police v Dunstall [2015] HCA 26 reflects complex rule of law ideas against the backdrop of the judicial discretion to exclude evidence at...
